The most common crime involving a weapon in the state of Texas is the unlawful carrying of a weapon (UCW). Texas allows its citizens to carry a firearm, but they must do so legally and responsibly. Failure to comply with Texas law can lead to a Class A misdemeanor charge, which often comes with up to a one-year jail sentence and up to a $4,000 fine.
If you have been arrested for a UCW or another weapon-related charge, San Antonio weapons defense lawyer Sophia C. Martinez is here to provide dependable and experienced representation. With over 25 years of criminal defense trials under her belt, the former Assistant District Attorney has the resources to get you the best possible outcome for your case.
What Weapons Are Unlawful to Carry in San Antonio?
When it comes to weapons that could cause harm to others, it is crucial that you understand the laws in place within the state to ensure you are carrying them legally and safely. In San Antonio, Texas, under Texas Penal Code Section 46.01, a weapon may be identified as any of the following:
- Club
- Explosive weapon
- Firearm
- Handgun
- Location-restricted knife
- Machine gun
- Armor-piercing ammunition
- Hoax bomb
- Tire deflation device
Additionally, it is illegal to carry any item recognized as a weapon while under the age of 21, under the influence of alcohol or drugs, or operating a motor vehicle or boat is illegal. To get help understanding the full scope of the rules and regulations concerning weapons that are unlawful to carry in Texas, contact Sophia C. Martinez today.
Who Can Legally Carry a Gun in San Antonio?
Generally speaking, Texas allows its citizens to carry and operate firearms. Anyone over the age of 21 who is in possession of a valid Texas driver’s license or identification card can apply for and obtain a License to Carry through the Texas Department of Public Safety. Though recommended, a License to Carry is not required in the state of Texas. Under House Bill 1927, or the Firearm Carry Act of 2021, anyone who is 21 years of age or older is:
“…not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm or other weapon; creating criminal offenses.”
However, even if you are in possession of a License to Carry, you still must responsibly follow the regulations provided by Penal Code 46.3, which states it is unlawful for the license holder to do the following:
“…intentionally displays the handgun in plain view of another person in a public place…”
In summary, even with a license, you must not present your firearm in a way considered threatening to the public or your peers. Similarly, there are certain places in Texas where you cannot have your firearm present at all, such as an airport, church, prison, private institute of higher learning, hospital, amusement park, or a licensed location where more than 50 percent of their income comes from the sale of alcohol.
Can You Claim Self-Defense After Being Charged With a Weapons Crime?
If you have been arrested for a crime involving the unlawful carry or use of a deadly weapon like a gun, it is important that you understand your rights when it comes to building your defense case. One potential defense for a weapons crime is self-defense. In the state of Texas, one can claim self-defense as the reason for why they had to use a weapon to harm another if any of the following factors are true:
- You only used the minimum amount of force necessary for self-defense
- You reasonably believed that force was necessary to stop someone else’s use of unlawful force
- You did not provoke the attack
- You were not engaged in a crime at the time of the incident
To get more information regarding self-defense and how it may be the right defense strategy for your weapons crime case in San Antonio, Sophia C. Martinez can help.
How Are Crimes Involving Weapons Penalized in San Antonio?
If the state has reason to believe that you are illegally carrying a weapon or doing so “intentionally, knowingly, or recklessly,” you may be arrested and charged. Depending on the circumstances during which you were carrying or in possession of a weapon, the penalization may vary between the following:
Class A Misdemeanor
The most common penalization for a UCW is a Class A misdemeanor charge. In Texas, a Class A misdemeanor is punishable by up to one year in jail and a fine of up to $4,000. Class A misdemeanors are the highest possible misdemeanor charges one can face and have the potential to affect the possibility of finding and retaining a job, your social and family life, and more.
Third-Degree Felony
In Texas, if you are caught illegally carrying on a premise licensed to sell alcohol, your charge immediately increases to a third-degree felony. A third-degree felony can be life-altering and affect your freedom and other privileges. Penalties may include up to $10,000 in fines and ten years of imprisonment.
Class C Misdemeanor
If you are caught carrying a “location-restricted knife” you are at risk for a Class C misdemeanor charge. A location-restricted knife is a knife that measures over 5.5 inches long. A Class C misdemeanor charge may leave you responsible for paying a fine of up to $500. The punishments for these charges highlight the need for a dedicated San Antonio weapons defense lawyer.
Contact a Professional San Antonio Weapons Defense Attorney Today
Facing a UCW charge can be scary. Attorney Sophia C. Martinez, former family violence prosecutor and defense attorney, is here to help fight for you today. No matter the severity of your case, it will be handled with the attentiveness and vigor it deserves. Sophia C. Martinez of Sophia Martinez Law has been working to defend her San Antonio community for over 25 years and is able to help both English and Spanish-speaking clients, depending on their preference.
By filling out this contact form or calling (210) 226-3000, you may begin your free case evaluation with a San Antonio weapons defense lawyer today. The state must prove you carried your weapon illegally and with “knowing intent.” San Antonio weapons defense attorney Sophia C. Martinez will examine your case to identify the best line of defense to locate the best possible outcome for your specific situation.