In Texas, you can be charged with unlawfully carrying a weapon, if you’re alleged to have unlawfully possessed club, handgun, switchblade, or brass knuckles. Unlawfully carrying a weapon is a class A misdemeanor, which carries a penalty range of up to one year in jail and up to a $4000 fine. However, if you’re charged with unlawfully carrying a weapon in a place that sells alcohol, the charge is
elevated to a third degree felony. Under these facts, unlawfully carrying a weapon can land you in prison for 2 to 10 years, and result in a fine of up to $10,000.
If you are in a vehicle when arrested for unlawfully carrying a weapon, you may have a legal defense to prosecution known as the traveling defense. Specifically, you are presumed to be traveling, unless you are charged with a crime more serious than a traffic ticket or if it can be shown at trial that you possessed the weapon for some other illegal purpose. Unless the presumption created by the traveling defense can be rebutted, you may be able to successfully avoid prosecution for unlawfully carrying a weapon, even if you don’t have a concealed handgun license. Though the traveling defense may result in your case being dismissed, or in your acquittal at trial, it may not prevent you from being arrested by the police for unlawfully carrying a weapon.