Pulled Over With A Gun In The Car? What Should You Do? Do This!!

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1. Tell the Police officer You have a gun and where it is stored - let the officer know at the beginning so that he does not escalate the situation when he finds it on his own!

2. Never Grab For The Gun! - the worst thing you can do is grab for the gun! This will result in the officer pulling his gun and could result in a tragic ending for you!

3. Listen Carefully for officer’s instructions - listen carefully to exactly what he says and follow instructions.

4. If the officer is not clear about what you should do, ask what you should do next!

a. Remember – you are on camera! You want to make sure you are the one acting reasonable on camera - this will help your defense if the police officer looks to arrest you.

5. No Sudden Moves or Panic – your life depends on it!

What if the officer tries to arrest you? How Could he possibly do that?

• In Texas, you must either have done something illegal with the gun (pointed it, brandished it, etc) or you must have been in possession of illegal drugs or intoxicated. Otherwise, it is not illegal to carry a weapon in your vehicle.

• Generally, you can drive with a gun in your car because there is a traveling presumption in Texas that you are transporting your weapon and it is not against the law.

However, if you are in possession of drugs or driving while intoxicated – watch out! You will be arrested for the crime of Unlawful Carrying of a Weapon. In fact, this is the most common scenario where citizens are arrested for unlawful carrying of a weapon. Many of our clients have been pulled over for a DWI and the officer learns that the client has a concealed carry license and locates the gun and results in an arrest for both DWI and Unlawful Carry of a Weapon (UCW).

A person commits the offense of Unlawful Carrying of a Weapon if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person’s control at any time in which:

• the handgun is in plain view; or
• the person is:
o engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
o prohibited by law from possessing a firearm; or
o a member of a criminal street gang, as defined by Section 71.01.

Legal Consequences Of Unlawful Carrying Of A Weapon (UCW)

Under Texas criminal law, the crime of Unlawful Carrying of a Weapon is classified as a Class A Misdemeanor. If convicted, you could face up to one year in the county jail and up to a $4,000 fine.

What if the officer thinks you are drunk or finds drugs?

1. Do not resist - resisting will result in an additional charge of resisting arrest.

2. Do not grab for the gun - don't make any quick or unnecessary moves

3. Do not answer questions - answering questions can result in the officer using your statements against you and possibly being arrested for a different crime. You can still be polite to the officer without answering all of his questions!

The time to fight the charges is not on the side of the road - you fight the charges in criminal court!

Remember – if the prosecutor can’t prove the possession of the drugs or the DWI, your gun charge will be thrown out too!

Example – what if they can’t prove possession of the drugs? What if you are arrested for possession of a controlled substance and unlawful carrying of a weapon and the prosecutor can not prove the element of possession? To prove possession, it is required by the state to prove that you intentionally or knowingly exercised care, custody or control over the drugs. If they are not able to prove possession, what happens to the gun possession charge? It must also be dismissed!

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00:00 Pulled Over With A Gun? Here’s What To Do
00:35 First Things You Need To Do
01:42 What If The Officer Tries To Arrest You?
03:30 What Are The Punishments For Unlawful Carrying Of A Weapon?

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