1. To be guilty of Unlawfully Carrying a Weapon, a weapon must be found "on or about your person". In other words, it is not enough that the gun, club, or illegal knife was found somewhere in your vehicle. The weapon must have been located someplace where you could reach it without "materially changing your position."
  2. If you are charged with Unlawfully Carrying a Weapon, you may qualify for a "traveling defense". It is not illegal to carry a weapon on or about your person if you a traveler. For better or worse, the Texas Legislature and Texas courts have never created an easy-to-follow, bright line rule of who qualifies as a traveler. Each case is decided on its own facts. However, factors that may be considered include whether you were an overnight traveler, crossed multiple county lines, or used the weapon in the course of lawful employment.
  3. There are some weapons that are illegal to simply have in your possession. These would include switchblade knives (including butterfly knives), knuckles and sawed-off firearms. "Possession" simply means that you knowingly exercise some type of care, management or control over the weapon. The weapon does not have to be found on your person.
  4. If a weapon is confiscated as part of an illegal search or seizure by law enforcement, the weapon is not admissible in evidence. Weapons cases often result from situations in which a police officer stops someone who is driving, and then later searches the person or auto. If the initial detention of the person was done without reasonable suspicion, or a search was conducted illegally, then the weapon found as a result could not be used in evidence against the person.
  5. If you are acquitted of Unlawfully Carrying a Weapon, it is possible to get your weapon back from the government. If your charge of Unlawfully Carrying a Weapon is dismissed, it is no longer required to be kept as evidence by law enforcement. A judge can order law enforcement to return the weapon to you, provided, of course, that the weapon itself is not illegal.
  6. If you have a permit to carry a concealed weapon, you may carry a handgun in public if you are in not committing any other crime and are complying with all statues and regulations that pertain to concealed carry permit holders.
  7. If you plead "guilty" or "no contest" to a criminal offense, even if you receive deferred adjudication, it may revoke your ability to be a concealed carry permit holder.