Texas has some of the most widely discussed firearm laws in the United States, but many people misunderstand how concealed weapon regulations work — especially after recent legislative changes.
While Texas now allows permitless carry for many adults, concealed weapons offenses still occur frequently throughout Fort Worth, Tarrant County, Arlington, Bedford, Southlake, and Weatherford. A misunderstanding of the law can result in serious charges, arrest, jail time, and long-term consequences for a person’s criminal record.
This guide explains what qualifies as a concealed weapon under Texas law, the most common offenses, how permitless carry truly works, and the penalties that apply when the law is violated.
With more than 105 years of combined criminal defense experience, the team at Fulgham Hampton Criminal Defense Attorneys regularly defends individuals accused of firearm and weapons-related crimes. Understanding these laws is the first step in protecting your rights — and recognizing when police overreach or wrongful arrests occur.
Reach out to a gun charges lawyer today to protect your rights—early legal action can make the difference between a dismissed charge and lasting criminal consequences.
Key Takeaways:
- Texas allows permitless carry for many adults, but concealed weapon laws still apply in specific situations.
- A concealed weapon is any firearm kept hidden from plain view — whether loaded or unloaded.
- People with certain criminal histories or legal restrictions cannot carry a weapon, even with permitless carry.
- Weapons are prohibited in specific locations, including schools, government buildings, bars, and secure airport areas.
- Concealed weapon charges may be misdemeanors or felonies depending on circumstances.
- Police often make arrests based on mistaken assumptions about visibility, intent, or location-based restrictions.
- A strong defense requires examining the stop, search, detention, and whether the firearm was actually unlawfully concealed.
Understanding What Counts as a “Concealed Weapon” in Texas
A concealed weapon is any firearm intentionally kept out of ordinary observation. Texas Penal Code § 46.02 defines unlawful carrying of a weapon, and concealed carry falls within that statute when certain conditions are met.
A weapon is considered “concealed” when it is:
- Hidden under clothing
- Stored inside a bag, purse, backpack, or glove compartment
- Carried in a manner where an average person cannot readily see it
- Partially hidden but not fully visible
Texas does not require total invisibility for a firearm to count as “concealed.” Even partial obstruction can qualify. Importantly, the weapon does not need to be loaded — an unloaded firearm can still be classified as a concealed weapon.
Many people mistakenly believe Texas’s permitless carry law means they can conceal a weapon in any setting. However, concealed carry remains illegal for certain individuals, restricted in certain locations, and criminalized in specific scenarios.
Fulgham Hampton Criminal Defense Attorneys reviews the exact placement of the firearm, body camera footage, and the legality of the police encounter to determine whether concealment was actually unlawful.
Texas Permitless Carry and How It Applies to Concealed Weapons
Texas House Bill 1927, often called “constitutional carry,” allows most adults 21 and older to carry a handgun without a license — openly or concealed. However, the law includes important limitations that still lead to arrests.
Permitless carry does NOT apply if:
- The person is intoxicated
- The person is a convicted felon
- The person is subject to a protective order
- The person was previously convicted of certain violent crimes
- The weapon is carried in a prohibited location
- The weapon is displayed in a threatening manner
- Police have lawful grounds to believe the weapon is being carried unlawfully
Even with permitless carry, an individual must carry the firearm in a holster if it is visible or ensure they are lawfully permitted to conceal it.
A team-based defense allows Fulgham Hampton Criminal Defense Attorneys to examine firearm eligibility, prior records, and police procedure to determine whether an arrest was justified under Texas law.
Many concealed weapon cases involve confusion about who qualifies for permitless carry — confusion that does not automatically equal criminal intent.
Common Concealed Weapon Offenses in Texas
While Texas allows residents to carry firearms, several situations still lead to concealed weapon charges. The most common include:
Unlawful Carrying of a Weapon (UCW)
A person carries a handgun without being legally permitted to do so. This may occur if the individual is underage, intoxicated, or prohibited under law.
Carrying a Weapon in a Prohibited Place
Even with permitless carry, firearms are banned in locations such as:
- Schools
- Courthouses
- Polling places
- Bars that earn 51% of revenue from alcohol
- Sporting events
- Hospitals and secured airport areas
Carrying While Intoxicated
Texas law strictly prohibits carrying a weapon while intoxicated — even if the person is otherwise legally allowed to carry.
Concealing a Weapon During Criminal Activity
If a weapon is concealed while committing another crime, charges may escalate to a felony.
Possession by Prohibited Persons
Certain individuals, including felons or those under active protective orders, cannot possess a firearm at all — concealed or not.
Fulgham Hampton Criminal Defense Attorneys investigates whether the weapon was actually concealed, whether the accused was legally prohibited, and whether police interpreted the law correctly. Misapplication of firearm laws is common, and wrongful arrests happen frequently.
Penalties for Concealed Weapons Offenses in Texas
The penalties depend on the type of offense, criminal history, and surrounding circumstances. Concealed weapon charges may range from Class A misdemeanors to serious felonies.
Common Penalties Include:
- Class A Misdemeanor: Up to 1 year in jail and fines up to $4,000
- State Jail Felony: 180 days to 2 years in a state jail facility
- Third-Degree Felony: 2 to 10 years in prison
- Second-Degree Felony: 2 to 20 years in prison
- Enhancements: Stricter penalties if the weapon was used during another crime or carried in a prohibited place
Judges may also impose:
- Probation
- Firearm restrictions
- Mandatory classes
- Community service
- Protective orders
- Long-term criminal record consequences
Concealed weapon convictions create significant challenges for employment, licensing, and firearm ownership. The defense team evaluates whether search and seizure violations occurred, whether the weapon was truly concealed, and whether the accused qualifies for defenses or dismissal options.
Defenses to Concealed Weapons Charges
Not every concealed weapon arrest results in a conviction. Texas law provides multiple defenses depending on the circumstances of the case, the legality of the police encounter, and whether the accused was actually prohibited from carrying. The defense team at Fulgham Hampton Criminal Defense Attorneys examines every detail to determine which defenses apply.
Common Defenses Include:
- The Weapon Was Not Concealed: If the firearm was partially visible or carried in a lawful manner, it may not meet the legal definition of a concealed weapon.
- The Accused Was Eligible for Permitless Carry: Many concealed weapon arrests occur because officers misunderstand eligibility requirements.
- Illegal Stop or Detention: Police must have reasonable suspicion to stop someone. Unlawful detentions often lead to dismissed cases.
- Illegal Search and Seizure: Firearms found during unconstitutional searches cannot be used as evidence.
- Weapon in a Private Vehicle: Texas law allows many individuals to carry a handgun inside their car without a license, provided they are not engaged in criminal activity.
- Lack of Knowledge: If someone else placed the firearm in a bag or vehicle without the accused person’s knowledge, the state may struggle to prove guilt.
The firm’s team-driven approach ensures that multiple attorneys evaluate each angle, statute, and constitutional issue to craft a strong, individualized defense.
When Police Search and Seizure Violations Lead to Dismissals
Many concealed weapon charges stem from traffic stops or street encounters that do not comply with constitutional standards. This is one of the most common paths to dismissal.
Examples of Police Errors That May Lead to Suppression of Evidence:
- Stopping a vehicle without reasonable suspicion
- Extending a traffic stop beyond its lawful duration
- Conducting a pat-down without articulable fear for officer safety
- Searching a backpack, purse, or vehicle without probable cause
- Coercing consent through intimidation
- Entering a home or private space without a warrant
If the firearm was discovered through a Fourth Amendment violation, the court may exclude the weapon from evidence. Without the weapon, the prosecution often has no case.
Fulgham Hampton Criminal Defense Attorneys conducts a line-by-line review of body camera footage, dashcam recordings, police narratives, and warrant records. With over 105 years of combined criminal defense experience, the legal team identifies procedural flaws that may lead to dismissal or major charge reductions.
Differences Between Open Carry and Concealed Carry in Texas
Many Texans confuse open carry laws with concealed carry regulations, leading to accidental violations. Although both are legal in Texas under certain circumstances, the rules differ.
Open Carry:
- The handgun must be carried in a holster.
- The individual must meet permitless carry eligibility.
- Certain locations remain off-limits.
- Open carry does not allow threatening or reckless display of a firearm.
Concealed Carry:
- The weapon must be hidden from ordinary view.
- Permitless carry applies only to eligible adults 21+.
- Concealment remains illegal in prohibited places.
- Certain individuals are completely barred from possessing firearms.
Some arrests occur simply because officers misinterpreted whether a firearm was “visible enough” to qualify as open carry. Visibility can be subjective, which allows room for legal challenge.
Fulgham Hampton Criminal Defense Attorneys argues these nuances effectively, especially when police rely on mistaken assumptions.
Charges That Apply to Prohibited Persons
Even with permitless carry, some individuals cannot legally possess a firearm at all. Possession — concealed or open — can result in felony charges if certain conditions apply.
Prohibited Persons Include:
- Convicted felons within five years of release
- Individuals with family violence convictions
- Individuals subject to protective orders
- Certain individuals with mental health-related court rulings
- People committing another criminal offense at the time of possession
- Juveniles under most circumstances
Possession by a prohibited person may escalate to a third-degree felony, carrying a potential sentence of 2 to 10 years in prison.
The defense team may challenge whether the prohibition actually applied, whether the accused knowingly possessed the weapon, or whether the firearm was discovered through unconstitutional police conduct.
Fulgham Hampton Criminal Defense Attorneys carefully analyzes background records, protective order history, and the legality of the encounter to determine the most effective defense strategy.
How Fulgham Hampton Criminal Defense Attorneys Build a Firearm Defense
Firearm-related cases require a mix of constitutional knowledge, tactical defense work, and careful examination of police procedure. Fulgham Hampton Criminal Defense Attorneys uses a team-based approach to ensure every case benefits from multiple legal perspectives and decades of collective experience.
A comprehensive defense strategy may involve:
- Reviewing patrol car and body camera footage
- Analyzing arrest reports for inconsistencies
- Challenging police interpretations of “concealment”
- Determining whether the accused qualified for permitless carry
- Identifying illegal searches or detentions
- Working with investigators to locate witnesses
- Challenging location-based restrictions with contextual evidence
- Negotiating with prosecutors to reduce or dismiss charges
- Pursuing pretrial diversion or reduction options for eligible first-time offenders
With over 105 years of combined criminal defense experience, the firm’s collaborative method ensures no legal issue is overlooked.
FAQ: Concealed Weapons Offenses in Texas
Do I need a license to carry a concealed handgun in Texas?
Permitless carry allows many adults 21+ to carry without a license, but restrictions still apply.
What places are off-limits for concealed carry?
Schools, bars with 51% alcohol sales, courthouses, sporting events, secure airport areas, and certain government buildings.
Can I carry a gun in my car?
In many cases, yes, but restrictions apply if you are intoxicated, prohibited, or committing another crime.
What if the officer incorrectly thought my gun was concealed?
Misinterpretation happens frequently. Video evidence can help prove the weapon was lawfully carried.
Can a concealed weapon charge be dismissed?
Yes. Many are dismissed due to unlawful searches, eligibility under permitless carry, or misapplication of statutes.
Contact Fulgham Hampton Criminal Defense Attorneys
Concealed weapon charges can be confusing, intimidating, and potentially life-changing. Texas firearm laws are complex, and misunderstandings often lead to wrongful arrests.
Anyone facing a concealed weapon allegation needs strong legal representation that understands Texas statutes, police procedure, and constitutional protections.
Fulgham Hampton Criminal Defense Attorneys provides team-driven, strategic defense backed by more than 105 years of combined criminal law experience. The firm defends individuals throughout Fort Worth, Arlington, Southlake, Bedford, Weatherford, and Tarrant County.
To discuss your case and learn your defense options, contact Fulgham Hampton Criminal Defense Attorneys at (817) 877-3030.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
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