Unlawful Carrying a Weapon

Montgomery County attorney Andrea Kolski defends those charged with Unlawful Carrying a Weapon or UCW.  When your Second Amendment rights are threatened, Andrea Kolski is the experienced Montgomery County defense attorney you can trust. 

Unlawful Carrying a Weapon or UCW charges are directly tied to the Second Amendment of the Constitution.  Texas is known for its strong support of the Second Amendment and the right to carry. The Second Amendment to the United States Constitution states: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” For generations, constitutional scholars, courts, and gun rights advocates have debated and defended its meaning, but few dispute its central importance to American liberty and self-defense. In the eyes of many, the Second Amendment sets the United States apart from other democratic nations and affords citizens unique power to defend against tyranny or government overreach.   

Second Amendment is deeply ingrained in Texas.  The right of citizens to bear arms is woven throughout Texas culture, history, and the very identity of its people. Firearms were the primary tool used by Texas frontiersmen, settlers, and native tribes to feed their families, defend their land, and enforce the law.  Still, even in Texas, the right to carry a firearm comes with certain legal responsibilities and when those lines are crossed, the rights granted by the Second Amendment can be lost. 

Unlawful Carrying a Weapon laws in Texas are often misunderstood by people on both sides of the Second Amendment .Many assume that because Texas is a pro-carry state, the laws regulating firearms, gun ownership, and open carry are relaxed or even nonexistent.  They are surprised to learn that Texas has very strict laws and regulations around the Second Amendment and Unlawful Carrying a Weapon charges carry severe penalties.  Violating Texas gun laws can lead to criminal charges, steep penalties, and even the loss of the very rights the Second Amendment is meant to protect. If you are facing such charges in Montgomery County, experienced Second Amendment attorney Andrea M. Kolski provides aggressive, knowledgeable defense aimed at protecting your rights and your future. 

Unlawful Carrying a Weapon in Texas 

Under Texas Penal Code Section 46.02, a person commits the offense of Unlawful Carrying a Weapon if they intentionally, knowingly, or recklessly carry a handgun in a manner that violates state law. While Texas has adopted permitless carry for many individuals, certain restrictions still apply. Texas law shifts the focus to compliance with specific statutory requirements. 

Generally, individuals who are 21 or older and not otherwise prohibited by law may carry a handgun without a license, either openly in a holster or concealed. However, this general rule is subject to numerous exceptions. A person can still be charged with unlawful carrying if they carry a weapon while engaged in criminal activity, while prohibited from possessing a firearm, or in certain restricted locations such as schools, bars, or government buildings. 

Texas law also places strict limitations on carrying a weapon while intoxicated. Under Texas Penal Code Section 46.035, it is an offense for a person to carry a handgun while intoxicated, regardless of whether they are licensed or carrying under permitless carry provisions. This is where many otherwise law-abiding gun owners find themselves facing unexpected criminal charges. 

Your Second Amendment Rights at Risk 

Unlawful Carrying a Weapon is typically charged as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. However, aggravating factors can elevate the charge or lead to additional criminal counts. For example, carrying a weapon in a prohibited location or while committing another offense can result in more severe penalties.  

Common Situations Leading to UCW Charges 

Unlawful Carrying a Weapon charges rarely occur in isolation. In many cases, they arise during investigations of other alleged offenses. For example:  

A Texas driver is pulled over on suspicion of DWI. During the stop, the officer searches the vehicle and finds a handgun in the glovebox. Even if the driver legally owns the firearm, the presence of intoxication can lead to a separate charge for unlawfully carrying a weapon. What began as a traffic stop can quickly escalate into multiple criminal charges with compounding consequences and put your Second Amendment rights in jeopardy. 

Other common scenarios: 

-A routine traffic stop where a weapon is discovered and the officer believes it was not properly carried or disclosed 

-An argument or disturbance where law enforcement is called and a firearm is present 

-Carrying a weapon into a location where firearms are prohibited under Texas law 

-Possession of a firearm by someone who is legally prohibited due to prior convictions or protective orders 

-These situations illustrate how quickly lawful gun ownership can turn into a criminal allegation when the fine details of Texas law are not followed. 

-A non-citizen who is a legal permanent resident of the US, with a valid green card, may be deported if charged with Unlawful Carrying a Weapon.

A Closer Look at Texas Gun Laws 

One of the most persistent misconceptions is that Texas has no meaningful restrictions on carrying firearms. In reality, the legal framework is detailed and often very strict. Even well-intentioned individuals can overlook certain rules or make mistakes that lead to arrest. 

Another misunderstanding involves intoxication.  Some gun owners mistakenly assume that having a firearm in their vehicle while drinking is permissible as long as they are not actively using it. Texas law does not view it that way. If a person is intoxicated and in possession of a handgun, even if it remains in a glove compartment or center console, they may be subject to arrest and prosecution. 

There is also confusion about location-based restrictions. Businesses that derive a significant portion of their revenue from alcohol sales like liquor stores, bars, restaurants, government buildings, and public schools are off-limits for firearms. Entering these places with a weapon, even unknowingly, can trigger criminal charges. 

Life Consequences Beyond the Courtroom

A conviction for Unlawful Carrying a Weapon can extend far beyond fines and jail time. For many Texans, the right to bear arms is tied to their lifestyle, livelihood, and favorite activities. Losing that right can have lasting consequences. 

Hunters and outdoorsmen can find themselves stripped of their ability to hunt with a rifle or shotgun. Firearm enthusiasts and collectors can lose their ability to legally own or purchase weapons. Even those who simply rely on a firearm for personal protection can lose the right to own a gun.  

Everyday Scenarios That Can Jeopardize Second Amendment Rights

A licensed deer hunter stops at a restaurant after a long day in the field. Unaware that the establishment qualifies as a prohibited location due to alcohol sales, he enters with a firearm still holstered. A routine check leads to his arrest for unlawful carrying. 

A young professional, concerned for her safety, purchases a handgun for self-defense. She places it in her purse and attends a party where alcohol is served. After consuming a few drinks, she drives home and is stopped for a traffic violation. The discovery of the handgun leads to additional charges. 

A gun owner is in the midst of a contentious divorce whose been accused of threatening behavior by his ex-wife.  As a precaution, the court issues a family violence protective order.  The ex-husband has never been arrested and has a spotless legal record.  He still lives in the couples home and maintains possession of his firearms, believing the divorce and temporary protective order to not apply to guns he’s owned legally for years. Law enforcement later determines that he is prohibited from possession, resulting in serious legal consequences. 

These are just a few examples of how quickly and unexpectedly your Second Amendment rights can be threatened and the seriousness of the legal consequences. 

Montgomery’s Trusted Second Amendment Lawyer

Criminal justice attorney Andrea M. Kolski and the team at Nonstopjustice PLLC are staunch defenders of every citizens Second Amendment rights. Successfully defending against unlawful carrying a weapon or UCW charges, requires deep legal knowledge, years of trial experience, and unflinching tenacity.  Andrea Kolski is the rare defense attorney who has it all while also earning a reputation as a “pitbull in the courtroom”.  

Winning hundreds of cases and countless dismissals over the last 25 years, Andrea is proud to be among Montgomery’s best and most trusted criminal defense attorneys.  Andrea and her team at Nonstopjustice PLLC combine a deep understanding of Texas gun laws, constitutional protections, and experience fighting in tough Texas courts.   

Gun Rights Are Our Constitutional Rights

Second Amendment and gun rights are seemingly under constant attack.  That’s why it takes a fierce legal advocate like Andrea Kolski to ensure these rights are protected regardless of the changing political winds.  As a proud Texan, Andrea is a staunch believer in limited government, individual rights, and defending the rights outlined in the Constitution, including the Second Amendment.   

A Former Prosecutor For Your Defense

Andrea Kolski is the rare criminal defense attorney with real experience on the other side of the bench.  As a former Harris County prosecutor, Andrea has a unique understanding of the inner workings of the court and the burdens shouldered by the prosecution.  Over her 25+ years of practicing law, Andrea has become a familiar face in Montgomery County courtrooms while earning the respect of judges, prosecutors, and other members of the legal community.  

As former president of the Montgomery County Criminal Defense Lawyers Association, Andrea is highly regarded by her legal peers in Montgomery County.  Andrea approaches each case with a sense of urgency and determination while ensuring your rights are respected every step of the way. 

The legal system in Texas can be unforgiving, particularly in counties with high conviction rates and a strong prosecutorial presence. Having a knowledgeable advocate who understands the local courts, judges, and prosecutors is a critical advantage. 

Choose Montgomery’s Best To Fight For Your Rights

When facing charges of Unlawful Carrying a Weapon in Montgomery County, the decisions you make now can determine the outcome of your case and your future.  Montgomery county criminal justice attorney Andrea M. Kolski offers the experience, skill, and dedication needed to confront these charges head-on. Her commitment to defending the Second Amendment rights of her clients is matched by her ability to deliver results in challenging cases. 

For over 25 years, clients have trusted Andrea M. Kolski when their rights, their freedom, or their future are on the line.  With a reputation for toughness, a deep understanding of Texas firearm laws, and strong ties to the Montgomery County legal community, Andrea stands as a formidable defender for those charged with Unlawful Carrying a Weapon.  

When it comes to defending your Second Amendment rights, Andrea’s legal skills are second to none. Contact us today.