Since 2021, most eligible Texans carry without a license — so a modern UCW charge means the state thinks an exception applies: intoxication, a prohibited place, disqualifying history, or age. Exceptions are technical, and officers get them wrong.
Charge: Unlawful Carrying of a Weapon — Penal Code § 46.02
Level: Class A misdemeanor (base)
Range: Up to 1 year county jail, fine to $4,000
Court: County Court at Law in the county of arrest
How these cases play out in Central Texas courts
Post-constitutional-carry UCW cases cluster around alcohol: carrying while intoxicated (often stacked on a DWI) and bar-adjacent arrests. The technical questions decide cases — what counts as intoxicated for 46.02 (it’s not the DWI standard), whether the location actually qualifies as prohibited under the sign and notice requirements, whether a years-old conviction actually disqualifies. Firearms get seized at arrest and their return negotiated at resolution; a conviction can compromise carry rights going forward, which is the quiet stake making these misdemeanors worth defending properly.
Questions we hear about this charge
UCW got stacked on my DWI — is that normal?
Very. Gun-in-car plus intoxication allegation is the standard stack. The charges are defended together, and beating the intoxication element helps both.
The bar’s 51% sign wasn’t posted properly — does that matter?
Notice requirements are real elements of prohibited-place allegations. Signage and posting defects are legitimate defenses, not loopholes.
Do I get my gun back?
Typically negotiated at case resolution — dismissals and diversion outcomes usually support return. A conviction complicates it. Raise return early so the property isn’t destroyed.
Facing a UNL CARRYING WEAPON charge?
The first weeks decide what’s possible — evidence preservation, bond terms, and early litigation posture. Criminal defense in Travis, Hays, Williamson, Bexar, and Bastrop counties is provided by Stephen T. Bowling, DWI & Criminal Defense Attorneys — former police officers who know how these cases are built. Free consultation, 24/7, flat-fee quote included.
General Texas legal information, not legal advice for your specific case. Enhancements, priors, and case facts change punishment exposure. Last reviewed July 2026.