Texas has some of the most permissive gun-carry laws in the country — so permissive that many people assume you can do almost anything with a handgun in your own car. The arrest of NBA star James Harden in Houston this weekend is a sharp reminder that even under Texas’s “constitutional carry” law, there is still a wrong way to carry a gun in a vehicle. At L & L Law Group, PLLC, we use this story to explain the one rule that trips up otherwise law-abiding gun owners, and what a misdemeanor weapons charge actually means in a Frisco or DFW courtroom.
What Happened
According to CNN, Cleveland Cavaliers guard James Harden, 36, was arrested in Houston around 3:41 a.m. on Saturday, June 13, 2026, and charged with misdemeanor unlawful carrying of a weapon. Harris County court records, reported by ESPN via 6abc, state that officers observed a handgun on the seat of a car Harden owns — in plain view and not in a holster.
TMZ reported that Houston police initially stopped the vehicle near 1800 Crawford Street for a traffic violation. Harden was booked just before 5 a.m., released later that day on a $100 bond, and is scheduled to appear in court on June 22. His bond conditions reportedly bar him from possessing any firearms or ammunition and from using alcohol or controlled substances unless prescribed, and require random drug testing.
This is L & L Law Group’s legal commentary on a national news story. We do not represent anyone involved, and nothing here is a prediction about that case.
The Texas Rule: Constitutional Carry Has a Holster Catch
Since September 2021, Texas has had permitless or “constitutional” carry. A person who is 21 or older and not otherwise prohibited can generally carry a handgun in public — including in their own vehicle — without a License to Carry. That broad freedom is why a lot of people are surprised that a gun charge is even possible here.
The catch is in the details of Texas Penal Code § 46.02, the Unlawful Carrying of a Weapon statute. When carrying a handgun in a motor vehicle, the law requires that the weapon be either concealed or carried in a holster. A handgun sitting loose and in plain view — on a seat, a dashboard, or a cup holder — can be exactly what turns lawful carry into a criminal offense. Based on the reporting, that “plain view, not holstered” detail is the heart of the allegation in this case.
What Unlawful Carrying of a Weapon Means in Texas
A standard Unlawful Carrying of a Weapon charge under § 46.02 is typically a Class A misdemeanor. In Texas, a Class A misdemeanor carries up to one year in county jail and a fine of up to $4,000. It is not a felony — but it is still a criminal charge that can show up on a background check and follow someone professionally for years.
The exposure can climb in certain situations. If a person carries a handgun unlawfully into a place where weapons are prohibited, or if other aggravating facts are present — such as carrying while a member of a criminal street gang, or being a person legally barred from possessing a firearm — the charge can be enhanced to a felony. The specific facts and a defendant’s history drive where a case lands.
How a Frisco or DFW Case Would Unfold
A North Texas resident facing the same allegation in Collin County or Dallas County would move through a familiar process. After arrest and booking, a magistrate sets bond, often with conditions like those reported in this case — surrendering firearms, abstaining from alcohol and drugs, and submitting to testing. The case then proceeds to misdemeanor court, where the prosecution must prove every element beyond a reasonable doubt.
For a first-time misdemeanor like this, the realistic outcomes often look very different from the maximum penalty. Depending on the facts and the person’s record, options can include dismissal, a reduction, deferred adjudication, or pretrial diversion — resolutions designed to avoid a final conviction. Common defenses include:
- Challenging the stop and the search. If the traffic stop or the search of the vehicle violated the Fourth Amendment, the gun and any statements may be suppressed.
- Disputing “plain view” or knowledge. Whether the handgun was truly displayed, and whether the driver knowingly carried it that way, are fact questions a defense can contest.
- Statutory exceptions. Section 46.02 contains exceptions — for example, for people on their own premises or traveling under certain conditions — that may apply depending on the facts.
- Eligibility for diversion. Many Texas counties offer first-offender programs that can lead to dismissal and eventual expunction.
Frequently Asked Questions
Can I carry a handgun in my car in Texas without a license?
Generally yes, if you are 21 or older and not otherwise prohibited. But Texas Penal Code § 46.02 requires the handgun to be concealed or carried in a holster. A gun loose and in plain view in the vehicle can support an Unlawful Carrying of a Weapon charge.
Is unlawful carrying of a weapon a felony in Texas?
A standard § 46.02 charge is usually a Class A misdemeanor — up to one year in county jail and a $4,000 fine. It can be enhanced to a felony in specific situations, such as carrying into a prohibited place or when the person is barred from possessing a firearm.
Does a holster requirement really matter that much?
Yes. Under Texas law, how the gun is carried in the vehicle is often the entire issue. Concealed or holstered is generally lawful; openly displayed and unholstered is what the statute targets. That single distinction can decide whether conduct is legal or charged.
Can a first-time weapons misdemeanor be kept off my record?
Often, yes. Depending on the county and the facts, options like deferred adjudication, pretrial diversion, or a negotiated dismissal may keep a first offense from becoming a final conviction, and may later allow expunction or nondisclosure.
How L & L Law Group Can Help
A weapons charge in Texas is rarely as simple as it first appears — the difference between lawful carry and a criminal case can come down to inches, a holster, or how an officer describes what was in view. At L & L Law Group, PLLC, we defend clients in Frisco, Collin County, Dallas County, and throughout North Texas against Unlawful Carrying of a Weapon and other firearms charges. We scrutinize the stop, the search, and the State’s proof, and we pursue the resolution that leading protects your record and your rights. If you are facing a weapons charge, call us at (972) 370-5060 for a confidential consultation.