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Hiring Jeff Kennedy turned out to be one of the best decisions of my life. Mr. Kennedy was able to have my case dismissed. Yes, outright dismissal of the charge!
We did exactly as Jeff instructed and the case was dismissed. There are no words to explain how happy we are with his performance.
Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car.
Hiring Jeff Kennedy turned out to be one of the best decisions of my life.
We did exactly as Jeff instructed and the case was dismissed. There are no words to explain how happy we are with his performance.
Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car.
Texas is famous for its cowboy culture. However, as a licensed firearm owner, you can still be charged with a crime in Texas for carrying your firearm in certain contexts. Such as open carry in the public, without taking into account specific restrictions. Criminal charges of any kind are serious and have the potential to go on your permanent record, possibly impacting your prospects for employment or renting an apartment, along with a host of other negative effects.
Because of this, if you find yourself facing a charge for unlawful carrying of a firearm by a license holder in Fort Worth, or Tarrant County Texas, you need the help of an experienced criminal defense attorney in Fort Worth, TX if you’re going to fight back and clear your name. Read on to learn more about these charges and what they can mean for you.
According to Section 46.02 of the Texas Penal Code you can be charged with UCW if you recklessly, knowingly or intentionally carried a weapon outside your premises (enroute to vehicle/watercraft) and on your body or in your vehicle.
In the State of Texas, you are unlawfully carrying if you:
Other prohibited weapons by this law are clubs, knives and blades more than 3.5 inches long under the age of 18 as defined Tex. Penal Code § 46.02
Normally, those who do not have a felony on record can carry a weapon if:
Premises includes (besides your home/residence):
When a firearm owner in Fort Worth or surrounding Tarrant County is charged with unlawful carry of a weapon, it is labeled as a UCW charge, which is a misdemeanor charge. It’s important to remember that even licensed firearm owners can be slapped with a UCW charge if they carry their weapon in the wrong context. Section 46.035 of the Texas Penal Code is a law that restricts the time and place of individuals with a firearm license to carry.
Under the Texas Penal Code, section 46.01, weapons are defined as:
Class A misdemeanor unlawfully carrying a weapon. Maximum penalties if convicted below:
3rd Degree Felony is possible If UCW occurs in a place with a liquor license or sells and distributes alcoholic beverages, the penalties increase.
Class C misdemeanor if convicted of charge or possession of a location-restricted knife.
It is illegal for certain categories of persons to carry a weapon:
Under Texas Penal code, Section 46.02, the State of Texas is required to prove the following elements of the crime of unlawful carrying of a weapon (UCW) beyond a reasonable doubt:
“A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: is younger than 21 years of age; or has been convicted of a felony crime or committed in the five-year period preceding the date the instant offense was committed; and is not on the person’s own premises or premises under the person’s control; or inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.”
Under this law, licensed firearm owners are prohibited from displaying a handgun in a public place “in plain view of another person,” unless the firearm is holstered to the shoulder or belt. However, there are also firearm no-tolerance zones in which licensed firearm carriers can be arrested for displaying a weapon even if it is holstered.
Some of these locations include:
It’s also important to note that it’s illegal to carry a gun in the commission of a crime in a setting where it would otherwise be legal. Finally, with respect to colleges and universities, gun owners are advised that although it’s legal to carry a gun in dorms and certain other places on campus, open carry is prohibited and could lead to legal troubles.
If you’ve been charged with a UCW crime and you’re a licensed gun owner, it’s important to speak to a UCW charge attorney as soon as possible to avoid the consequences of a conviction. Call us at 817-605-1010 or fill out the form on our website to schedule a consultation.
Contact us today for a free strategy session on how we can help you win your case.
* All Fields Required
Or Call 817-605-1010
Contact us today for a free strategy session on how we can help you win your case.
* All Fields Required
Or Call 817-605-1010