Class A Misd. Unlawful Carry Wepn Charge.

[PropOfHarrisCou]

What is the name of your state?
Texas

Anyone know what kind of time (probation, jail etc) I may be facing for an unlawful carrying a weapon charge. It's a Class A Misdemenor, the gun is legal, in my name, it was unloaded in my purse. Mother of 3, first time offender, I'm 24. I was carrying it to a pawnshop to sell it and never made it.... anyone know what the odds are on this?

Property of Harris County

 

[Kane]

A Class A misdemeanor carries a maximum of one year in the county jail.

If you haven't been in trouble before, you shouldn't have any trouble getting probation, if you want it.

§ 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.

Was it "on or about" your person?

Here's a good summary of UCW law.

http://www.utsystem.edu/pol/weapons.html

 

[Jack_David]

I responded to your other thread.

https://forum.freeadvice.com/showthread.php?t=281118

But I'll try to go into a little more detail about the actual law here.

There is a really damn good chance that the law you were charged with breaking does not apply to you.

http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.15.00

There is a big long section about "NONAPPLICABILITY" there but I'll snip the relevent parts.

§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and
46.03 do not apply to:

Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1261,
§ 28
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
(3) is traveling;

If you are driving around in your car you are traveling. This law doesnt apply to you.

Where the hassle that comes is that "traveling" is not defined in any of the laws, so prosecutors will charge you and try to claim to a jury that just driving around isnt traveling.

The new law that passed and went into effect september 1st adds the following under that "(3) is traveling" section.

http://www.gunlaws.com/tgogup3.htm

A person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.

So now what is considered "traveling" is a bit more defined. But as I said in my other post the Harris County DA is acting as if this law means nothing and is still trying to prosecute people. That being said I'm sure any decent lawyer could get you out of it, a bad one probably would to, and if you were adventurous you could probably go without a lawyer too. lol.

 

[wazungu]

unlawful carry weapon- club

State- Texas. Need advice- a guy was stopped on a university campus for "running a stop sign." Cops give him a breath test and he passes, then they search his truck. They find an axe handle and ask what it's for and he says "in case I ever get in a bad situation." They let him go with no citation and no warning. One week later, they show up at his place and arrest him for carrying an unlawful weapon. Is this legal? Why would they wait a week to arrest him? Is someone in the police dept/ DA's office trying to make an example of this otherwise average, normal guy who's never been in trouble with the law? What defense is there against this charge???

 

[gawm]

State- Texas. Need advice- a guy was stopped on a university campus for "running a stop sign." Cops give him a breath test and he passes, then they search his truck. They find an axe handle and ask what it's for and he says "in case I ever get in a bad situation." They let him go with no citation and no warning. One week later, they show up at his place and arrest him for carrying an unlawful weapon. Is this legal? Why would they wait a week to arrest him? Is someone in the police dept/ DA's office trying to make an example of this otherwise average, normal guy who's never been in trouble with the law? What defense is there against this charge???

STAY ON YOUR OWN THREAD PLEASE. DO NOT HIGHJACK OTHER THREADS