When it comes to carrying weapons in San Antonio, TX, the line between lawful and unlawful can seem blurred to those not well-versed in the law. But with the help of an experienced weapons charge attorney in San Antonio, understanding the law becomes significantly easier.
Whether you are a staunch supporter of the Second Amendment, a concerned citizen trying to understand your rights, or someone facing a weapons charge, it is crucial to understand what constitutes the unlawful carrying of a weapon in Texas and its implications.
What Is Unlawful Carrying of a Weapon (UCW) in San Antonio, TX?
In Texas, unlawful carrying of a weapon (UCW) is defined under Texas Penal Code §46.02. Generally, a person commits an offense if without meeting the state’s legal requirements they intentionally, knowingly, or recklessly carry on or about their person a handgun, illegal knife, or club if the person is not 1) on the person’s own premises or premises under their control, or 2) inside of or directly en route to a motor vehicle or watercraft that they own or control.
When is it Lawful to Carry a Weapon in San Antonio, TX?
Texas law allows individuals to carry weapons under certain conditions, reflecting the state’s generally permissive stance on gun ownership and carrying. Here are the key points regarding the legality of carrying a weapon in Texas:
Handguns
- Permitless Carry: Texas allows eligible individuals to carry handguns without a License to Carry (LTC) in many public areas, both openly and concealed, as long as they are at least 21 years of age or older, not prohibited by state or federal law from possessing a firearm, and they carry the handgun in a holster.
- Open Carry: It is legal to open carry handguns in Texas if the individual has a LTC and the handgun is carried in a shoulder or belt holster.
- Concealed Carry: Individuals with an LTC can carry a concealed handgun on or about their person.
Long Guns (Rifles and Shotguns)
- No License Required: Texas does not require a license to carry long guns (rifles and shotguns) in public spaces. Long guns can be carried openly but must be carried in a manner that is not calculated to cause alarm.
Other Weapons
- Knives: Texas law allows the carrying of knives with blades longer than 5.5 inches in most public places. However, there are restrictions similar to those for handguns regarding specific prohibited locations.
Important Considerations
- Private Property: Property owners have the right to prohibit weapons on their premises.
- Traveling: Texas allows individuals to carry a handgun in their vehicle without a permit, provided the handgun is not in plain view unless the individual is legally engaged in carrying the handgun.
When is it Unlawful to Carry in San Antonio?
It is unlawful whenever an individual carries a weapon without meeting the state’s legal requirements. This could involve:
- Carrying a weapon without an LTC when it is required. Texas is known for its firearm-friendly stance. Despite this, there are still restrictions in place regarding carrying a handgun without an LTC.
- Intoxication: It is unlawful for an individual to carry a handgun in a public place while intoxicated, even if they have an LTC.
- Prohibited under law: Persons with certain criminal convictions or under restraining orders may be barred from carrying. Convicted felons within five years of their release from confinement or supervision face a temporary ban on carrying.
- Under 21 years of age: Young adults under 21 are restricted from carrying handguns, with few exceptions.
- Carrying a weapon openly in a manner that causes alarm. This includes carrying a firearm in a way that is openly threatening or that could cause panic or alarm to the public. For example, brandishing a weapon in a threatening manner or carrying it in a way that is not holstered or safely stored.
- Carrying in prohibited places: Even with permitless carry in Texas, there are specific locations where carrying a firearm is prohibited by law, such as:
- Schools
- Polling places on voting days
- Courts and court offices
- Racetracks
- Secured areas of airports; and
- Bars (establishments that derive 51% or more of their income from the sale of alcohol)
Carrying weapons in these areas, even with an LTC, can lead to enhanced penalties under Sections 46.03 and 46.035 of the Texas Penal Code.
What Types of Weapons are Illegal to Own and Possess in Texas?
Under Section 46.05, specific types of weapons have their own set of restrictions and are prohibited under certain circumstances. These include:
- Explosive Weapons
- Machine Guns
- Short-barrel Firearms
- Firearm Silencers
- Brass Knuckles
- Armor-piercing Ammunition; and
- Zip Guns
It is important to note that the law also provides certain exceptions and specifies situations in which these items may be legally possessed under specific circumstances.
The Penalties for Unlawful Carrying of a Weapon in Texas
The penalties for UCW in Texas vary based on the specifics of the offense and the individual’s criminal history. The basic charge for UCW is a Class A misdemeanor, with penalties including up to one year in jail, a fine of up to $4,000, or both.
However, certain circumstances, such as carrying a weapon onto school property or if the individual has previous convictions, can elevate a UCW offense to a third-degree felony. This could mean up to 10 years in prison and fines up to $10,000 for the most serious offenses.
Legal Defenses to UCW
The legal consequences for a UCW charge in San Antonio can be quite severe, as previously mentioned. However, there are also defenses available for those accused of such charges, which may include
- Lack of intent
- Temporary transgression under immediate threat; or even
- The misconception of being on one’s property
Defending a weapons charge in San Antonio most often requires the expertise of an experienced attorney, and given the complexity of Texas firearm laws and the serious consequences of non-compliance, the importance of legal guidance cannot be overstated. By hiring an experienced weapons charge attorney in San Antonio, residents charged with UCW gain invaluable assistance, from interpreting the law to defending their rights in court. Schedule a free consultation today.
