In today's exploration, we delve into a prevalent legal concern in Houston, Texas — unlawful carrying of a weapon charges. Brian Foley, the managing partner at Houston Criminal Defense Attorneys PLLC, brings his expertise to unravel the complexities of this often-charged offense. In a state that staunchly upholds handgun rights, it becomes paramount to comprehend the nuances of the law. Here we dissect the two subsections that frequently lead to violations of the Unlawful Carrying of a Weapon (UCW) law in Texas.
Subsection One: Plain View in a Motor Vehicle
The first subsection of the UCW law zeroes in on the intentional or knowing possession of a handgun in plain view within a motor vehicle. While Texas generously permits open carry, exceptions abound. If you're 21 or older and possess a License to Carry (LTC), the handgun can be visible — but there's a catch: it must be holstered. Lacking an LTC and having the firearm in plain view within a motor vehicle constitutes a violation of the UCW law. The law specifically pertains to handguns, excluding rifles from its purview. The emphasis on visibility within a motor vehicle underscores the significance of responsible firearm ownership, even for those with an LTC.
Subsection Two: Criminal Activity and Firearm Possession
The second subsection ventures into the realm of firearm possession during criminal activities, with exceptions for Class C misdemeanors and traffic-related violations. Criminal activity, as defined under this section, encompasses a spectrum — from serious felonies to seemingly minor infractions like possession of marijuana. Unlawful carrying of a weapon charges frequently dovetail with marijuana possession cases in Houston. The city's legal landscape prioritizes gun-related offenses over misdemeanor marijuana charges.
Unique Scenarios: DWI and Firearms
One intriguing scenario involves individuals charged with driving while intoxicated (DWI). Even if the firearm is securely stored in the glove box, and the individual holds a Concealed Carry License, a UCW charge may still be levied. This seemingly paradoxical stance underscores the broader strategy employed by the District Attorney's office in Houston to combat gun crimes.
Challenges and Strategies
Once entangled in the criminal justice system, legal strategies can be employed to secure favorable outcomes. While success cannot be guaranteed for every case, negotiating deals on other charges may lead to the dismissal of UCW charges. In navigating the intersection of gun laws, criminal activities, and legal exceptions in Houston, Texas, a comprehensive understanding of the UCW law becomes paramount. If you are facing an unlawful carrying of a weapon charge, contact us for a free consultation.