What Constitutes a Weapon for an Unlawfully Carrying Weapons Charge?

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 & Toland 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) 474-4445 to set up an appointment with our criminal defense attorneys.