Texas Penal Code 46.02 | Unlawful Carrying of a Weapon (UCW)

Unlawful Carrying of a Weapon — "UCW" on a Harris County charging instrument — is still a live charge in Texas even after permitless carry. Section 46.02 no longer bans carrying by most law-abiding adults, but it continues to reach people who are disqualified from carrying and people who carry in places where guns remain prohibited.

Who Still Commits an Offense

Under Section 46.02(a), a person commits an offense by carrying a handgun on or about their person, away from their own premises and not en route to their own vehicle or watercraft, if at the time they:

are younger than 21; or
have been convicted in the preceding five years of assault causing bodily injury (22.01(a)(1)), deadly conduct (22.05), terroristic threat (22.07), or disorderly conduct by discharging or displaying a firearm (42.01(a)(7) or (8)).

Subsection (a-1) covers carrying in a motor vehicle or watercraft you own or control. The offense arises if the handgun is in plain view and not in a holster, or if you are engaged in criminal activity beyond a Class C traffic or boating violation, are otherwise prohibited from possessing a firearm, or are a member of a criminal street gang.

Other subsections address location-restricted knives, clubs, and carrying by people under certain protective orders.

Penalties

Circumstance	Offense level	Punishment
Standard UCW	Class A Misdemeanor	Up to 1 year county jail, up to $4,000 fine
On premises licensed to sell alcohol for on-premises consumption	Third-Degree Felony	2 – 10 years in prison, up to $10,000 fine
Location-restricted knife on certain prohibited premises	Class C to Third-Degree Felony	Depends on the location

Places Guns Are Still Prohibited

Permitless carry did not open every door. Firearms remain prohibited — under Sections 46.03 and 46.035 — in places including schools and school buses, polling places on election day, courts and court offices, racetracks, secured areas of airports, correctional facilities, hospitals and nursing homes with proper notice, amusement parks, and premises with a valid 30.06 or 30.07 sign. Bars that derive more than 51% of income from on-premises alcohol sales are the most common trap, and carrying there is a felony.

How These Cases Are Defended

The stop and the search. Almost every UCW charge in Harris County begins with a traffic stop. If the officer lacked reasonable suspicion, extended the stop without cause, or searched the vehicle without consent, probable cause, or a warrant, the firearm is suppressed and the case ends. We review the body-camera and dash-camera video in every case.

You were not disqualified. The State must prove the disqualifying fact — age, a qualifying conviction within five years, gang membership, or prohibited status. Prior convictions are frequently older than five years, or are not one of the four listed offenses.

Plain view and the holster. For a vehicle case, the State must show the handgun was in plain view and not in a holster. A gun in a console, under a seat, in a bag, or holstered does not meet the definition.

No "criminal activity." Officers often justify a UCW arrest by pointing to some other suspected offense. If that underlying activity was only a Class C traffic violation — or nothing at all — the vehicle exception applies.

Possession and knowledge. In a car with several occupants, the State must link the firearm to you.

Section 46.04 — Unlawful Possession of a Firearm by a Felon
DWI with Unlawful Carrying of a Weapon
Assault Family Member — a family-violence finding triggers a federal lifetime firearm ban

Charged in Harris County?

Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.

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Frequently Asked Questions

Is it still illegal to carry a handgun in Texas?

Since Texas permitless carry took effect in 2021, most adults 21 and over who are not otherwise prohibited may carry a handgun without a license. Section 46.02 still applies to people under 21, people with certain recent convictions, people who are prohibited from possessing a firearm, and to carrying in places where firearms remain banned.

What is the penalty for unlawful carrying of a weapon?

A basic UCW offense is a Class A misdemeanor — up to one year in county jail and a $4,000 fine. It rises to a third-degree felony (2 to 10 years) when the offense occurs on premises licensed to sell alcohol for on-premises consumption. Other variations carry their own levels.

Can I keep a gun in my car in Texas?

Generally yes, if you are 21 or over, lawfully possess the handgun, and are not engaged in criminal activity beyond a Class C traffic offense. The offense arises when the carrier is disqualified — under 21, certain recent convictions, a gang member, or otherwise prohibited — or when the handgun is in plain view without a holster.

What if I have a prior conviction?

Section 46.02 applies if you were convicted within the preceding five years of assault causing bodily injury, deadly conduct, terroristic threat, or disorderly conduct with a firearm. A separate statute, Section 46.04, covers felons and people under family-violence orders, with harsher penalties.

Can a UCW charge be dismissed?

Frequently. Most UCW cases begin with a traffic stop or a call, and the search that produced the gun is often challengeable. Lawful possession, the vehicle and premises exceptions, and the traveling and holster provisions are all fact questions that regularly resolve these cases before trial.

Texas Penal Code Sec. 46.02 — Unlawful Carrying Weapons