Arrested for Unlawfully Carrying of Weapon (UCW)

[bonfireking]

What is the name of your state? TX

My husband was pulled over for not having a fron license plate. The officer searched his vehicle after asking my husband if he had anything in the vehicle. He told the officer he had his gun behind the seat. the handgun was loaded. The handgun is only used for protection when he travels back and forth to our land that we are currently developing. He is crossing over more than 3 counties, from what he has researched that is okay according to the law. He is not licensed. He has not gone to court for this yet. He was arrested for this charge.
Is there any possible way that the judge would drop the charges? He his 29 and has never been in any trouble with the law what so ever.
If he is convicted is there a chance that the charges could be lowered to a C Misdemeanor?

Any advice is greatly appreciated.

 

[seniorjudge]

What is the name of your state? TX

My husband was pulled over for not having a fron license plate. The officer searched his vehicle after asking my husband if he had anything in the vehicle. He told the officer he had his gun behind the seat. the handgun was loaded. The handgun is only used for protection when he travels back and forth to our land that we are currently developing. He is crossing over more than 3 counties, from what he has researched that is okay according to the law. He is not licensed. He has not gone to court for this yet. He was arrested for this charge.
Is there any possible way that the judge would drop the charges? He his 29 and has never been in any trouble with the law what so ever.
If he is convicted is there a chance that the charges could be lowered to a C Misdemeanor?

Any advice is greatly appreciated.

Q: He is crossing over more than 3 counties, from what he has researched that is okay according to the law.

A: Please post the results of his research.


Q: What statute number is he charged under? (Look on the charging papers.)

 

[fedcop110]

As seniorjudge alluded to, to understand what the punishment might be and what possible consequences he may be facing we need to know what he was charged with. Was the pistol concealed? Was it on the back seat in plain view? I don't claim to know the Texas criminal code but it would have been best to call the state attorney general's office or the DPS (troopers) and ask what the laws were before transporting a weapon. Is that the research that you are talking about? Sorry, we just need more information. Good luck.

 

[bonfireking]

The gun was concealed in a pouch behind his seat in a small pick up truck. The seat has to be leaned forward to get to it. My husband had researched carrying the gun two years ago when he received it and found that it was okay to carry while traveling to and from a gun range and while "traveling". I do not know exaclty where this was found in his research. I do know that we recently spoke with a police officer and questioned him on it and we were informed that if you are crossing over 5 counties or more that is considered "traveleing" and a license is not needed.
I am guessing now, it is more of a problem because it was concealed????? I am not sure what statute he was charged with. I do not have the paperwork handy with me. I know it was called a "UCW". The judge set his bond at $500. From what we are hearing, with a bond that small it must not have been too bad. We are just concerned about this going on his record and making him out to be a criminal when all it is, is a simple mistake.

Thank you for the information!!

 

[HomeGuru]

The gun was concealed in a pouch behind his seat in a small pick up truck. The seat has to be leaned forward to get to it. My husband had researched carrying the gun two years ago when he received it and found that it was okay to carry while traveling to and from a gun range and while "traveling". I do not know exaclty where this was found in his research. I do know that we recently spoke with a police officer and questioned him on it and we were informed that if you are crossing over 5 counties or more that is considered "traveleing" and a license is not needed.
I am guessing now, it is more of a problem because it was concealed????? I am not sure what statute he was charged with. I do not have the paperwork handy with me. I know it was called a "UCW". The judge set his bond at $500. From what we are hearing, with a bond that small it must not have been too bad. We are just concerned about this going on his record and making him out to be a criminal when all it is, is a simple mistake.

Thank you for the information!!

**A: when dealing with firearms. there are no simple mistakes. Ask the parents of the children that have died in a split second due to the "simple mistake".

 

[bonfireking]

There are definitley saftey procedures taken. First, there are no children involved it and it is being handled by a very responsible adult.
Thanks for your input though.

 

[fedcop110]

I am guessing now, it is more of a problem because it was concealed?????

Nine times out of ten most states allow traveling with the firearm in plain view. Unloaded with the ammunition stored in a seperate compartment in the vehicle (trunk). If it was a pick up it would at least have to be stored seperately from the pistol. If he would have gotten a concealed carry license he would have been all right.

If he is convicted is there a chance that the charges could be lowered to a C Misdemeanor?

There is no way to know without having the statute.

I know it was called a "UCW".

It looks like this is what he is charged with...however, this is just a guess without the statute on the charging papers.

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if he intentionally, knowingly, or recklessly
carries on or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic beverages.

You can do more research at, http://www.capitol.state.tx.us/statutes/pe.toc.htm

Once you arrive at that site, go to chapter 46 and you can look it up from there. Hope this helps.

 

[fedcop110]

You will also want to look under 46.15 which states that 46.02 will not apply when traveling, however, I don't see where traveling is defined and I don't have the time to look for it in depth. I would suggest you read up on Chapter 46 of the Texas Penal Code and talk to a good lawyer.

 

[bonfireking]

Thanks!

Thank you so much fedcop110!!! This helps!

 

[Heather2]

Q: He is crossing over more than 3 counties, from what he has researched that is okay according to the law.

A: Please post the results of his research.

She is right judge about the 3 county thing (best friend takes me to the gun range) the problem is that it was concealed.