Unlawful Carrying of a Weapon

In Texas, the offense of Unlawful Carrying of a Weapon (UCW) is governed by Texas Penal Code § 46.02. This statute outlines the circumstances under which carrying certain weapons becomes illegal.(Austin Hagee Law Firm)

Legal Definition

Under § 46.02, an individual commits an offense if they intentionally, knowingly, or recklessly carry on or about their person a handgun, illegal knife, or club, and:(statutes.capitol.texas.gov)

• Are under 21 years of age;(Justia)

• Are not on their own premises or premises under their control;(Findlaw)

• Are not inside or directly en route to a motor vehicle or watercraft owned or under their control.(Justia)

Additionally, carrying a handgun in plain view in a motor vehicle or watercraft is prohibited unless the individual is 21 years or older and the handgun is in a holster. (Findlaw)

Prohibited Locations

Carrying weapons is unlawful in specific locations, including:(sanantoniocriminaldefense.com)

• Schools and educational institutions;

• Polling places during voting;

• Government courts and offices;

• Racetracks;

• Secured areas of airports;(Austin Hagee Law Firm)

• Businesses licensed to sell alcoholic beverages for on-premises consumption.(Weatherford Defense Attorney)

Violations in these areas can elevate the offense to a higher penalty category. (sanantoniocriminaldefense.com)

Penalties

The severity of penalties for UCW offenses varies based on circumstances:(Austin Hagee Law Firm)

• Class A Misdemeanor: Punishable by up to one year in jail and a fine up to $4,000.(Horak Law)

• Third-Degree Felony: Applicable when carrying occurs in prohibited places like bars; punishable by 2 to 10 years in prison and a fine up to $10,000.

• Second-Degree Felony: If the individual has prior convictions or is prohibited from possessing firearms, penalties can increase to 2 to 20 years in prison and a fine up to $10,000. (Michael & Associates)

Notable Case Example

In May 2025, an 18-year-old South Texas high school student, Kinzey Lira, was charged with unlawful carrying of a weapon in a prohibited place after bringing a modified automatic handgun onto his school campus. Authorities discovered the weapon following an anonymous tip, leading to Lira’s arrest and a $100,000 bond. He faces both state and federal charges related to the incident. (MySA)

Legal Considerations

Texas law permits individuals 21 and older to carry handguns without a license in most public places, provided they are not prohibited by law from possessing firearms and are not engaged in criminal activity. (Austin Texas)

However, carrying weapons in prohibited locations or under disqualifying conditions remains illegal and subject to prosecution.