In the state of Texas, where gun ownership is both common and constitutionally protected, many people are surprised to learn they can still be arrested and charged with Unlawful Carrying of a Weapon (UCW). This charge can have devastating legal and personal consequences—especially if handled without the right legal representation. If you’ve been charged with UCW in Houston, Texas, the smartest thing you can do is contact Attorney Eric Benavides with the Benavides Law Group, a highly experienced criminal defense attorney with over 17 years of legal experience.
Whether you're a legal gun owner, a first-time offender, or someone facing additional firearm-related complications—like allegations of a stolen weapon or immigration concerns—this article breaks down everything you need to know about UCW charges in Texas and how Attorney Eric Benavides can help fight for your freedom and reputation.
Table of contents
- What Is Unlawful Carrying of a Weapon (UCW) in Texas?
- Why Is a UCW Charge So Serious?
- Penalties and Range of Punishment for UCW in Texas
- Can You Get Your Gun Back?
- What If the Weapon Was Stolen?
- Felon in Possession of a Firearm in Texas
- Why Experience Matters: Hire an Attorney with 17+ Years of Criminal Defense Work
- Choosing the Right Criminal Lawyer in Houston
- Immigration Consequences for UCW Charges
- Call Attorney Eric Benavides Today – Don’t Wait
What Is Unlawful Carrying of a Weapon (UCW) in Texas?
Under Texas Penal Code § 46.02, a person can be charged with Unlawful Carrying of a Weapon if they intentionally, knowingly, or recklessly carry a handgun, illegal knife, or club on or about their person:
- Without a license (in applicable cases),
- While engaging in criminal activity (even if the weapon itself is legal),
- While being a member of a criminal street gang,
- Or if they are otherwise prohibited from possessing a firearm due to prior criminal convictions.
Texas law allows open and concealed carry in certain situations, especially after recent legislative changes. But it’s crucially important to understand that your right to carry is not absolute. For example, a legal gun becomes illegal the moment you are suspected of committing another crime, even a Class B misdemeanor.
Why Is a UCW Charge So Serious?
Many people assume a UCW charge is “no big deal,” especially if they had a license or legally purchased the weapon. But the reality is far more serious. A UCW conviction can:
- Stay on your permanent criminal record,
- Affect future employment opportunities,
- Make you a high-risk individual for auto and life insurance companies,
- Prevent you from obtaining housing,
- And negatively impact your right to own or carry firearms in the future.
For non-citizens, this charge could also trigger immigration consequences, including deportation or denial of naturalization. That’s why you must treat a UCW arrest as seriously as any other criminal charge.
Penalties and Range of Punishment for UCW in Texas
The punishment for a UCW conviction depends on the specific circumstances of your case. The most common penalties include:
- Class A Misdemeanor: Up to 1 year in jail and a fine of up to $4,000.
- Third-Degree Felony: If you carry a weapon in places where weapons are prohibited (like schools or bars), you could face 2 to 10 years in prison and a fine of up to $10,000.
- Felon in Possession of a Weapon: This is a third-degree felony if you’ve previously been convicted of a felony and are caught with a firearm before your rights have been restored.
Each situation is unique, and penalties can be enhanced if other aggravating factors exist—such as carrying a stolen gun, carrying while intoxicated, or having gang affiliations.
Can You Get Your Gun Back?
A common question we receive at the Benavides Law Group is whether someone can get their gun back after a UCW arrest. The answer: only if your case is dismissed or you are found not guilty.
In many situations, law enforcement will seize your firearm as evidence. If you accept a plea deal or are convicted, the weapon will likely be forfeited and destroyed. That’s why it’s vital to fight the charge from the start with the help of an experienced Houston criminal lawyer.
What If the Weapon Was Stolen?
If you're caught with a stolen firearm, the situation becomes far more serious. Law enforcement may elevate the UCW charge to a felony, even if you were unaware the gun was stolen.
Prosecutors will often argue that the possession of a stolen weapon implies criminal intent or knowledge of wrongdoing. This makes it critical to have a skilled attorney who can properly investigate the origin of the firearm, challenge the evidence, and present a strong defense.
Felon in Possession of a Firearm in Texas
If you have a prior felony conviction, it is illegal for you to possess a firearm in Texas until your rights are restored (typically five years after release from confinement or parole, and only within your home). If caught in violation, you will be charged with Unlawful Possession of a Firearm by a Felon under Texas Penal Code § 46.04.
This charge is a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine.
If this describes your situation, Attorney Eric Benavides can help determine if your rights were violated, if the search and seizure were unlawful, or if there is a constitutional defense available.
Why Experience Matters: Hire an Attorney with 17+ Years of Criminal Defense Work
When facing a serious criminal charge like UCW, you don’t want to hire just any lawyer. You want a criminal defense attorney who:
- Has at least 17 years of hands-on courtroom experience,
- Will personally handle your case (not pass you off to junior associates),
- Understands the complexities of Texas gun laws,
- And who has proven results defending clients in Houston against UCW charges and other criminal accusations.
Attorney Eric Benavides of Benavides Law Group has built a reputation across Harris County and greater Houston for his aggressive defense strategies, compassionate client approach, and deep knowledge of criminal law.
Choosing the Right Criminal Lawyer in Houston
There are hundreds of criminal defense attorneys in the Houston area—but not all are created equal. When choosing the right lawyer to defend against an Unlawful Carrying of a Weapon charge, make sure to:
- Ask how much experience they have specifically with UCW cases.
- Confirm that they will be your point of contact, not a less experienced associate.
- Look at their reviews and case results.
- Choose someone you feel comfortable talking to and trusting with your future.
Attorney Eric Benavides believes every client deserves personal attention and powerful advocacy. At Benavides Law Group, you’re not just another file. You’re someone whose life and future are on the line—and you’ll be treated that way.
Immigration Consequences for UCW Charges
If you are not a U.S. citizen, facing a criminal charge involving weapons is especially dangerous. A UCW conviction could make you deportable, prevent adjustment of status, or lead to denial of citizenship.
Attorney Eric Benavides understands the intersection between criminal defense and immigration law, and he works closely with immigration attorneys when needed to help protect your immigration status while aggressively defending your criminal case.
Call Attorney Eric Benavides Today – Don’t Wait
If you or a loved one has been arrested for Unlawful Carrying of a Weapon in Houston, TX, the clock is ticking. The sooner you speak with a knowledgeable defense attorney, the better your chances are of building a strong defense and protecting your record, your rights, and your future.
Call the Benavides Law Group today at (713) 222-2828 to schedule your free, confidential consultation. Attorney Eric Benavides will take the time to listen to your story, explain your options, and fight aggressively for the best possible outcome in your case.
Your future is worth protecting. Don’t leave it in the hands of inexperience or uncertainty. Choose a criminal defense lawyer with the knowledge, experience, and dedication to fight for you.