Can You Be Charged With Unlawful Carrying Of A Weapon In Galveston?
Texas has some of the broadest firearm-carry laws in the country, but that does not mean a person can legally carry a handgun anywhere or under every circumstance. An arrest for unlawful carrying of a weapon can happen after a traffic stop, an encounter at a bar, an investigation involving another alleged crime, or a situation where police believe the person was legally prohibited from possessing or carrying the firearm.
These cases can be confusing because Texas law now allows many people who are at least 21 years old to carry a handgun without a license. The legality of the conduct often depends on where the weapon was located, whether it was carried in a vehicle, whether the person was intoxicated, whether another crime was allegedly occurring, and whether the person had a criminal history that restricted firearm possession. When we defend an unlawful carrying case in Galveston, we examine the exact subsection the prosecution relies on rather than assuming possession of a handgun was automatically illegal.
Texas Law Allows Many Adults To Carry Handguns Without A License
Texas changed its handgun laws significantly when permitless carry took effect in 2021. A person who is at least 21 years old and is not otherwise prohibited from possessing a firearm may generally carry a handgun in many public places without holding a Texas License to Carry. That change, however, did not eliminate the offense of unlawful carrying of a weapon.
Texas Penal Code § 46.02 still identifies several situations in which carrying a handgun can result in criminal charges. For example, the statute addresses certain people under age 21, people with specified recent criminal convictions, individuals carrying handguns under prohibited circumstances in motor vehicles or watercraft, people who carry while intoxicated under circumstances covered by the statute, and people who are prohibited from possessing firearms under Texas Penal Code § 46.04.
The first question in a Galveston weapons case is therefore not simply whether someone possessed a gun. We must determine whether Texas law actually prohibited that particular person from carrying that weapon in that particular situation.
Criminal History Can Make Carrying A Handgun Illegal
Texas Penal Code § 46.02(a) restricts handgun carrying for certain people based on age and criminal history. The statute applies, among other circumstances, when a person has been convicted within the preceding five years of specified offenses, including certain assault, deadly conduct, terroristic threat, and disorderly conduct offenses.
Prior convictions can therefore become an important part of a weapons prosecution. Police and prosecutors may review a defendant’s record to determine whether an otherwise lawful act of carrying became illegal because of a prior conviction.
A separate and potentially much more serious issue arises under Texas Penal Code § 46.04, which governs unlawful possession of a firearm. A person convicted of a felony faces significant restrictions on firearm possession after release from confinement or supervision. Texas law also places firearm restrictions on certain people with qualifying family-violence convictions and people subject to certain protective orders.
When a person prohibited under § 46.04 carries a handgun in circumstances covered by § 46.02(a-7), the punishment can rise well beyond an ordinary misdemeanor weapons case.
Carrying A Handgun In A Vehicle Can Still Lead To Charges
Many unlawful carrying arrests begin during traffic stops. Texas Penal Code § 46.02(a-1) permits many people to have a handgun in a vehicle they own or control, but the statute contains important limitations.
A handgun carried in plain view in a vehicle generally must satisfy the statutory requirements concerning age or licensing and holster use. The statute also creates problems when a person carrying the handgun is engaged in criminal activity beyond a qualifying traffic or boating violation or is otherwise prohibited from possessing a firearm.
This means a routine traffic stop can become much more serious if police discover a handgun and then claim another criminal offense was occurring. A weapon found during an investigation involving drugs, assault, theft, or another alleged crime can create additional legal exposure even when possession of the handgun might otherwise have been lawful.
We look carefully at whether the officer legally stopped the vehicle, whether any search was lawful, where the firearm was located, whether it was actually possessed by our client, and whether the state can prove the additional facts required under § 46.02.
Carrying A Handgun While Intoxicated Can Result In A Criminal Charge
Texas Penal Code § 46.02 also addresses carrying a handgun while intoxicated. Under the statute, a person can commit an offense when carrying a handgun while intoxicated unless the conduct falls within specific statutory exceptions involving the person’s property, qualifying private property, or certain vehicles or watercraft.
This issue can arise after police respond to bars, restaurants, parties, disturbances, or traffic investigations. The prosecution must still prove the required elements of the weapons offense, including the facts showing that the defendant was intoxicated and that the statutory protections did not apply.
When intoxication is disputed, we may examine body-camera recordings, field sobriety testing, statements, breath or blood evidence, witness accounts, and the officer’s observations. The fact that alcohol was consumed does not by itself establish every element of an unlawful carrying charge.
Some Locations Remain Off-Limits For Weapons
Permitless carry does not eliminate location-based restrictions. Texas Penal Code § 46.03 prohibits firearms and certain other weapons in specified locations under circumstances defined by the statute.
Those locations can include school premises and certain school activities, polling places during voting, courts or offices used by courts, racetracks, secure areas of airports, certain correctional facilities, and businesses that derive 51 percent or more of their income from the sale or service of alcoholic beverages for on-premises consumption. The statute contains detailed exceptions and qualifications, so the precise location and surrounding facts matter.
A person who is otherwise legally entitled to possess and carry a firearm can still face prosecution if the firearm is brought into a location where Texas law prohibits it. We therefore examine signage, property boundaries, notice, the defendant’s knowledge, and any applicable statutory exception.
The Penalties Depend On The Exact Allegation
Under Texas Penal Code § 46.02(b), most unlawful carrying offenses prosecuted under the section are Class A misdemeanors unless another subsection provides a different punishment. A Class A misdemeanor can expose a defendant to up to one year in county jail and a fine of up to $4,000 under Texas Penal Code §§ 12.21 and 12.22.
Some weapons allegations are much more serious. Section 46.02(e) provides felony punishment for certain defendants who carry a handgun while already prohibited from possessing a firearm under § 46.04. Depending on the underlying firearm prohibition, the charge may become a third-degree felony or a second-degree felony carrying a minimum prison term of five years.
Because the punishment range can change dramatically based on criminal history and the precise subsection alleged, we never assume that all unlawful carrying cases carry the same consequences.
Police Still Need A Lawful Basis To Search For The Weapon
A firearm charge frequently depends on how police discovered the weapon. The Fourth Amendment and Article I, Section 9 of the Texas Constitution protect people from unreasonable searches and seizures.
Police cannot automatically search a vehicle simply because they make a traffic stop. The prosecution may rely on consent, probable cause, a search incident to arrest, an inventory search, or another recognized exception to the warrant requirement. Whether that justification actually existed can become a major issue in the defense.
If officers obtained the gun through an unlawful detention or search, we may seek suppression of the firearm and other resulting evidence. Texas Code of Criminal Procedure Article 38.23 generally prohibits the state from using evidence obtained in violation of federal or Texas law. Suppression of the firearm can substantially affect whether the prosecution can prove the case.
Possession Must Still Be Proven
Finding a handgun near someone does not automatically prove that person possessed it. This is especially important when police find a firearm inside a vehicle occupied by several people, inside a shared home, or in luggage or property belonging to someone else.
The state generally must connect the accused to the firearm through evidence showing actual or knowing possession. Location, accessibility, ownership, statements, fingerprints, DNA evidence, witness testimony, and surrounding circumstances may all become relevant.
We look for evidence showing that another person owned or controlled the weapon, that our client did not know it was present, or that the prosecution cannot establish the required connection between the firearm and the accused.
Frequently Asked Questions About Unlawful Carrying Of A Weapon In Galveston
Can I Carry A Handgun In Galveston Without A License?
Many people who are at least 21 years old and are not prohibited from possessing firearms may legally carry a handgun in Texas without obtaining a License to Carry. Permitless carry does not mean there are no restrictions. Texas Penal Code Chapter 46 still limits carrying based on criminal history, location, intoxication, conduct occurring at the same time, and other circumstances. Before assuming that a weapons arrest is valid, we examine whether the accused actually fell within one of those statutory restrictions.
Can I Keep A Gun In My Car In Texas?
Texas law generally permits a person who may legally possess a handgun to keep one inside a vehicle the person owns or controls, but Texas Penal Code § 46.02(a-1) places conditions on that protection. Issues can arise involving how a handgun is displayed, whether the person is engaged in other criminal activity, and whether the person is legally prohibited from possessing a firearm. A traffic violation alone does not automatically make having a handgun in the vehicle illegal. The circumstances surrounding the stop and the person’s legal status are critical.
Can I Be Charged If A Gun Is Found In A Car But It Is Not Mine?
You can be arrested or accused, but the prosecution must still establish the legally required connection between you and the firearm. When several people occupy a vehicle, simply finding a weapon somewhere inside does not necessarily establish that every passenger possessed it. We examine where the gun was found, who owned the vehicle, whether anyone claimed ownership, whether our client knew the gun was there, and whether physical or testimonial evidence links our client to it. Weak possession evidence can become an important part of the defense.
Can I Carry A Gun Into A Bar In Galveston?
Texas law prohibits weapons in certain establishments that derive 51 percent or more of their income from the sale or service of alcoholic beverages for on-premises consumption. Texas Penal Code § 46.03 specifically addresses these locations. Not every restaurant or establishment serving alcohol falls into that category, which is why the property’s classification and required notices can matter. Carrying while intoxicated can also create a separate issue under § 46.02 even when the location itself is not otherwise prohibited.
Can A Felony Conviction Prevent Me From Possessing A Firearm?
Yes. Texas Penal Code § 46.04 places substantial restrictions on firearm possession by people convicted of felonies. During the first five years after release from confinement or supervision, whichever is later, possession can violate Texas law. After that period, Texas law generally limits possession to the premises where the person lives, although federal firearm law can impose separate and sometimes broader restrictions. Because state and federal firearm prohibitions are not identical, someone with a felony record should not assume that compliance with one automatically means compliance with the other.
Call Mark Diaz & Associates About A Galveston Weapons Charge
An unlawful carrying charge can involve much more than whether police found a firearm. Texas weapons law requires us to examine who possessed the gun, where it was carried, whether the person was legally permitted to possess it, whether another alleged crime was occurring, whether intoxication was involved, and whether police lawfully obtained the evidence. We also examine whether the prosecution is attempting to use a prior conviction or firearm prohibition to increase the charge from a misdemeanor to a felony.
Mark Diaz & Associates represents people facing weapons charges and other criminal allegations in Galveston and throughout Houston, Texas. We review the police encounter from the beginning, including the legal basis for the stop, detention, search, seizure, arrest, and any statements made afterward.
When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible. Call our Galveston weapons crime attorney at Mark Diaz & Associates, at 409-515-6170 to schedule your free consultation.
