If you were arrested for unlawfully carrying a weapon (UCW) in Houston, it’s important to take the charge seriously. While Texas has expanded gun rights in recent years, there are still many circumstances where carrying a handgun or other weapon is illegal. A conviction for UCW can result in a permanent criminal record, jail time, and damage to your rights and reputation.

At Ceja Law Firm, we help clients throughout the Greater Houston area fight UCW charges. Attorney Jose Ceja is a former prosecutor and Board Certified in Criminal Law by the Texas Board of Legal Specialization. He understands how to challenge UCW charges and protect your future.

What Is Unlawful Carrying of a Weapon in Texas?

Under Texas Penal Code §46.02, it is generally illegal for a person to intentionally, knowingly, or recklessly carry a handgun on or about their person if:

  • The person is younger than 21;
  • The person has been convicted of certain offenses (such as assault causing bodily injury, deadly conduct, terroristic threat, or disorderly conduct with a firearm);
  • The person is intoxicated and not on their own property or inside a motor vehicle or watercraft they own or control;
  • The person is engaged in criminal activity other than a Class C traffic offense (such as possession of marijuana, DWI, or assault);
  • The person is prohibited from possessing a firearm under federal law;
  • The person is a member of a criminal street gang;
  • The weapon is carried in a prohibited place (such as a school, courthouse, or polling place);
  • The person is carrying the weapon in a manner calculated to alarm.

What About Constitutional Carry in Texas?

In 2021, Texas passed “permitless carry” (also known as constitutional carry), allowing most individuals 21 and over to carry a handgun without a license. However, this does not give everyone the unrestricted right to carry. Certain criminal convictions, being intoxicated in public, entering restricted areas with a firearm, or carrying while committing another crime can still lead to a UCW charge.

Common Scenarios That Lead to UCW Charges

  • Carrying a handgun while intoxicated outside your home or vehicle
  • Carrying a weapon with a past misdemeanor assault conviction
  • Possessing a firearm while on school grounds
  • Displaying a weapon in a way that causes alarm
  • Being under 21 and carrying without military exemption
  • Carrying a handgun while committing another offense, such as drug possession or DWI
  • Carrying a handgun while prohibited under federal law (such as due to a protective order or family violence conviction)
  • Carrying a handgun as a documented member of a criminal street gang

Important: Even if you are legally allowed to carry under Texas’s permitless carry law, you can still be charged with UCW if you are caught with a handgun while committing another crime — even a non-violent one like possession of marijuana. This is one of the most common ways people are unexpectedly charged with unlawful carrying.

Penalties for Unlawful Carrying of a Weapon

UCW is typically a Class A misdemeanor, punishable by up to 1 year in jail and a $4,000 fine. However, if the offense takes place in a prohibited area (like a bar or school), it may be charged as a third-degree felony, carrying 2 to 10 years in prison.

Defenses to Unlawful Carrying of a Weapon

Several defenses may apply, depending on the facts of your case:

  • Legal possession: You were legally allowed to carry the firearm under Texas law.
  • Not intoxicated: The officer wrongly believed you were intoxicated.
  • Private property exception: You were on your own premises or in your own vehicle.
  • Improper search or seizure: Police violated your rights when discovering the weapon.

Attorney Jose Ceja evaluates every angle, including officer conduct, dash/body cam footage, and forensic testing (if applicable), to build the strongest defense possible.

Immigration Consequences

For non-citizens, even a misdemeanor UCW conviction can create immigration problems, particularly if it is considered a crime involving moral turpitude or linked to domestic violence or drugs. Ceja Law Firm will help you understand potential consequences and work to avoid a conviction that could affect your status. We do not handle immigration cases but can refer you to trusted professionals if needed.

Frequently Asked Questions

Can I carry a gun in my car in Texas without a license? Yes, generally you can carry a handgun in your own car as long as it is not in plain view (unless you are licensed), you are not engaged in criminal activity, and you are not prohibited from possessing a firearm.

Can I be charged with UCW if I have a handgun in my glove box while intoxicated? Yes. Even if you are in your own vehicle, Texas law prohibits carrying a handgun while intoxicated.

Is it legal to carry a gun while walking in public? If you meet the age and eligibility requirements under permitless carry and are not in a restricted location, yes. However, carrying in a way that causes alarm or entering prohibited places can still result in arrest.

What if I was arrested for UCW after a bar fight but never used the weapon? Possessing a firearm in a bar is illegal regardless of whether you used it. Your criminal history and the context of the incident will impact the case.

Do I need a license to carry a handgun anymore? No, Texas law allows permitless carry for most people over 21, but there are still benefits to having a License to Carry (LTC), especially when traveling or entering certain government buildings.

What places are off-limits for carrying under Texas law? Schools, polling places, courts, racetracks, bars (51% alcohol sales), and correctional facilities are all prohibited locations for handguns.

Will a UCW conviction stay on my record? Yes. Unless the case is dismissed or you are acquitted, a conviction can remain permanently. Ceja Law Firm can advise whether expunction or nondisclosure is an option.

What are the chances of getting my UCW charge dismissed? It depends on the facts. Jose Ceja has had UCW charges dismissed through pretrial motions, negotiations, and trials. An individualized review is critical.

Call a Houston UCW Attorney Today

If you are facing unlawful carrying of a weapon charge in Houston, don’t leave your future to chance. Contact Ceja Law Firm for a free consultation. Jose Ceja brings proven courtroom experience and personalized attention to every case.