Driver arrested with marijuana and handgun during traffic stop – MyTexasDaily.com
HOUSTON, Texas — A Saturday night traffic stop led to the arrest of Malachi Sincere Montgomery after officers found nearly 11 ounces of marijuana and a handgun in his vehicle.
Montgomery, age not specified, was charged with State Jail Felony Possession of Marijuana and Class A Misdemeanor Unlawful Carrying of a Weapon, according to a press release from the department.
The arrest highlights the importance of proactive traffic enforcement in removing illegal weapons and drugs from the streets, stated the department.
On social media, users commenting on the departments Facebook post, asked why the marijuana possession was a felony but the gun charge was misdemeanor.
Unlawful Carrying of a Weapon (UCW) generally means possessing a handgun in prohibited places (schools, government buildings, bars) or under specific conditions (age < 21, while committing another crime, intoxicated), with Texas law (Penal Code 46.02) defining it as a serious offense often a misdemeanor, but potentially a felony, carrying jail time, fines, and a permanent record, despite Texas’s “constitutional carry” allowing permitless carry for eligible adults in many scenarios.
Key Aspects of Unlawful Carrying (Texas Focus):
Prohibited Locations: You can’t carry handguns in places like schools, polling places, courtrooms, airports (past security), bars, and government buildings.
Prohibited Circumstances: Even with a permit, it’s unlawful if you’re under 21, intoxicated, committing another crime, or a convicted felon on certain premises.
“Constitutional Carry” vs. UCW: Texas’s HB1927 (2021) allows permitless carry (open/concealed) for eligible adults (21+), but UCW laws still apply to locations and circumstances.
Penalties: Usually a Class A misdemeanor (up to a year in jail, $4k fine), but can be a third-degree felony (e.g., on alcohol premises).
Examples of UCW Offenses:
Carrying a handgun in a bar. Being under 21 and carrying a handgun. Carrying a firearm while engaged in another criminal act
The key component in this case is the alleged possession of marijuana while carrying a firearm. Police didn’t disclose if other factors weighed on the charge such as whether or not Montgomery was a convicted felony, or the incident took place in a prohibited place.
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