Tex. Pen. Code § 46.02 establishes the criminal offense of unlawfully carrying a weapon. Individuals commit this offense when they:
- Intentionally or recklessly carry a handgun while they are not on their property, on property within their control, or in or en route to a motor vehicle or watercraft that they own
- Intentionally or recklessly carry a handgun in a motor vehicle or watercraft that they own and
- The handgun is in plain view and not legally in a shoulder or belt holster
- The person is engaged in criminal activity other than a Class C misdemeanor offense
- The person is prohibited by law from possessing a handgun
- The person is a member of a criminal street gang
- Intentionally or recklessly carry a location-restricted knife, if they are:
- Younger than age 18, and they are not
- On their premises or premises under their control
- Inside or en route to a motor vehicle or watercraft that they own, or
- Under the direct supervision of a parent or guardian
Under this code section, weapon refers to a handgun or a location-restricted knife, which is a knife with a blade of more than five and one-half inches. Up until the most recent legislative session, this section also referred to a club as a weapon.
This offense generally is a Class A misdemeanor, except that the illegal carrying of a location-restricted knife as detailed above is a Class C misdemeanor. However, the crime becomes a third-degree felony if committed on any premises licensed to sell alcohol. The criminal defense lawyers of Peek Law Group have handled the cases of countless individuals who are facing criminal charges. We are here to protect your rights and advocate on your behalf. As a result, we will strive to get the best outcome possible in your case. Call our office today at (512) 359-3362 to set up an appointment with our criminal defense attorneys.