Criminal Defense and family law
AuClair Law Firm
unlawful carrying of a weapon
Under the Texas Penal Code this offense is committed when a person intentionally, knowingly, or recklessly carries on or about his/her person a handgun, illegal knife, or club if the person is not:
- On their own premises or premises under the persons control; or
- Inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control.
This offense is also committed by a person if they intentionally, knowingly, or recklessly carry on or about his/her person a handgun in a motor vehicle or watercraft that is owned by the person or under the persons control at anytime in which:
- The handgun is in plain view; or
- A member of a criminal street gang
This is a Class A Misdemeanor
It is a Third Degree Felony if the offense is committed on any premise licensed or issued a permit by the state to sell alcoholic beverages.
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