unl carrying weapon texas

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Views: 10 . September 1, 2005. April 1, 2019. (A) reasonably appears to be an explosive or incendiary device; or. H.B. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 693 (H.B. 399, Sec. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. 1, eff. carries on or about his or her person a handgun in a motor vehicle or watercraft that 809 (H.B. WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. 1, eff. 1043, Sec. 2, eff. Acts 2021, 87th Leg., R.S., Ch. 203, Sec. 87 (S.B. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly: (1) carries on or about his person a deadly weapon; or. May 30, 1995; Acts 1995, 74th Leg., ch. 2, eff. 1, eff. 749, Sec. September 1, 2015. 1, eff. September 1, 2005. 1069), Sec. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1, eff. 1407), Sec. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. Acts 2019, 86th Leg., R.S., Ch. WebThe Texas Unlawfully Carrying a Weapon statute, which is often shortened to UCW, says that it illegal to carry a handgun or club on or about the person's body. 7, eff. Acts 2019, 86th Leg., R.S., Ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the 46.10 by Acts 1993, 73rd Leg., ch. WebRoybal, 82 Wn.2d 577, 512 P.2d 718 (1973), convictions under this statute and under a city ordinance prohibiting the carrying of a concealed pistol were sustained against the claim of double jeopardy. 976 (H.B. (j) The provisions of Sections 46.02 and 46.03(a)(7), (a-2), (a-3), and (a-4) do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. Acts 2015, 84th Leg., R.S., Ch. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 1.01, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 1177), Sec. September 1, 2017. September 1, 2021. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. Current as of April 14, 2021 | Updated by FindLaw Staff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. horse trailer with living quarters. AUSTIN, Texas 1026 (H.B. September 1, 2017. 1221, Sec. 1920), Sec. 693 (H.B. 2, eff. 2730), Sec. (c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter. Acts 2019, 86th Leg., R.S., Ch. January 1, 2016. (ii) with the consent of the owner or operator of the vehicle or watercraft. Prior Results Do Not Guarantee a Similar Outcome. WebTexas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. 299 (H.B. 216 (H.B. 26(10), eff. September 1, 2005. Booking Date: 2/27/2023. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. Acts 2015, 84th Leg., R.S., Ch. (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. (b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. Webunl carrying weapon on alcohol : premises 52990012 pc 46.11(a) unl carrying weapon iat wfz 46.02 52990013 pc 46.11(a) unl carry weapon alch premises iat wfz . 1, eff. 324 (S.B. 20.002, eff. 435), Sec. September 1, 2017. 42, eff. 262, Sec. 21.001(40), eff. 10.02, eff. As I mentioned above, these are only three of the many possible defense strategies that we use. 2664), Sec. September 1, 2017. 467 (H.B. 1146 (H.B. January 1, 2016. (e-1) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) possessed, at the screening checkpoint for the secured area, a handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and. 1143 (H.B. 46.041 | Sec. 46.07. 5, eff. 1927. September 1, 2017. 920 (S.B. 3(2), eff. Acts 2007, 80th Leg., R.S., Ch. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. 22, eff. (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. Sept. 1, 1994. Renumbered from Penal Code Sec. Acts 2021, 87th Leg., R.S., Ch. 552, Sec. 22, eff. September 1, 2019. (a-4) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife; (2) is younger than 18 years of age at the time of the offense; and. (7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is: (A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and. 900, Sec. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. 900, Sec. So if you have been arrested for an offense that occurred before September 1, 2021, you need to examine the law as it existed on the date of the offense. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. 46.06 | Sec. 2, 3, eff. Acts 2021, 87th Leg., R.S., Ch. 1304, Sec. 153 (S.B. January 1, 2021. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. Acts 2005, 79th Leg., Ch. 46.12. UNLAWFUL CARRYING WEAPONS. 280 (S.B. (7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. Southlake, Texas Linda Baker, Crime Reporter . 3, eff. 693 (H.B. Booking Number: CB33MB02272023. 1222 (H.B. 49, eff. 1.01, eff. Acts 2021, 87th Leg., R.S., Ch. 920 (S.B. Unlawful Carry Weapon (UCW) Acts 2019, 86th Leg., R.S., Ch. 1488), Sec. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. Acts 2007, 80th Leg., R.S., Ch. Sec. Subsection (a-8) allows people in violation of subsection (a-7) to be prosecuted under (a-7) or Unlawful Possession of a Firearm or other similar law. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 325 (H.B. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. Acts 2017, 85th Leg., R.S., Ch. Texas Penal Code 46.15(a). (17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. Amended by Acts 1985, 69th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 4B.22, eff. 62, Sec. Acts 2013, 83rd Leg., R.S., Ch. Gender: M. Race: Black or African American. Keller, Texas Linda Baker, Crime Reporter . September 1, 2017. 26(9), eff. (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or. 48, eff. 168, Sec. shoulder or belt holster; or. Acts 1973, 63rd Leg., p. 883, ch. 71, eff. September 1, 2013. 7, eff. 1261, Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 10, eff. 1969), Sec. 4, eff. September 1, 2015. 16, eff. 1, eff. September 1, 2021. Amended by Acts 1995, 74th Leg., ch. (a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or. Acts 2007, 80th Leg., R.S., Ch. 2.79; Acts 1991, 72nd Leg., ch. 1935), Sec. Globally, the same House Bill eliminated the word concealed from various places in the Penal Code (including Section 46.15) because, essentially, a concealed handgun permit now allows people to carry in a concealed and un-concealed manner. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and May 30, 2009. Added by Acts 1995, 74th Leg., ch. 26(8), eff. 1126 (H.B. 1237), Sec. (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (B) authorized to carry a weapon under Section 76.0051, Government Code; (4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5) an honorably retired peace officer, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is: (B) a qualified retired law enforcement officer; (D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies; (6) a district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (7) an assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is: (A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and, (B) engaged in escorting the judicial officer; or. 3.20, eff. (2) at the actor's residence or place of employment. 46.01. August 1, 2016. 1, eff. 1, eff. 1.01, eff. 4, eff. Sec. 2101), Sec. 25), Sec. (a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions. 1, eff. Amended by Acts 1997, 75th Leg., ch. 3607 and H.B. (4) "Premises" means a building or a portion of a building. 2.60, eff. September 1, 2009. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 15.003, eff. 1, eff. 168, Sec. 494, Sec. 16.004, eff. 46.15. 2, eff. September 1, 2021. DEFINITIONS. (10) a person who is volunteer emergency services personnel if the person is: (A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and. 1, eff. Acts 2021, 87th Leg., R.S., Ch. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. Acts 2021, 87th Leg., R.S., Ch. 24, eff. 809 (H.B. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the persons control; or (ii) with the consent of the owner or operator of the vehicle or watercraft. 2, eff. (a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. 72 (S.B. September 1, 2021. 2, eff. Sept. 1, 1997. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. 900, Sec. (C) under the direct supervision of a parent or legal guardian of the person. So if you are under 21 years old, you can still carry a handgun to your home from your vehicle and vice versa. 910), Sec. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. September 1, 2011. 5, eff. (a-4) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion. (h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if: (1) the actor is wearing a distinctive uniform; and. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. 1001 (H.B. Most UCW cases involve handguns, particularly those that intersect September 1, 2019. 790, Sec. 438 (S.B. FIREARM SMUGGLING. 2, eff. 809 (H.B. In 2019, the 86th Texas Legislature removed clubs from the list of items that were illegal to carry in your car or truck in plain view.[3]. DEADLY WEAPON IN PENAL INSTITUTION. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 1, eff. 2730), Sec. 299), Sec. 1063, Sec. Amended by Acts 1975, 64th Leg., p. 918, ch. 433, Sec. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 2, eff. 1813), Sec. 91 (S.B. 1, eff. 1199 (H.B. 34 (S.B. Sept. 1, 1991. 62, Sec. H.B. 518 (S.B. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. 320, Sec. 3142), Sec. 3, eff. Also, under the 2021 law changes, it no longer is necessary to have a permit to carry openly so long as the handgun is in a holster (unless one of the other UCW subsections apply). 1927), Sec. 15.02(f), eff. 473), Sec. Subsection (a-5) makes it illegal to intentionally carry a handgun in plain view in a public place unless the handgun is in a holster. 13, eff. 1179 (S.B. 550, H.B. September 1, 2017. 446), Sec. (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (5) in or into a secured area of an airport; (6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or. 46.08. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 13.02, eff. 1222 (H.B. The exception allows people over 21 years old to carry a handgun outside of their home or vehicle so long as within 5 years of the date of carry they have not been convicted of Assault Bodily Injury (not Class C Assault), Deadly Conduct, Terroristic Threat, Disorderly Conduct subsection (a)(7) discharging a firearm in a public place, or Disorderly Conduct subsection (a)(8) displaying a firearm in a manner calculated to alarm. 11), Sec. 3, eff. 814 (H.B. (C) under the direct supervision of a parent or legal guardian of the person. Sept. 1, 1994. 746, Sec. Sept. 1, 1985. September 1, 2021. 931, Sec. September 1, 2011. 1, eff. 910), Sec. (e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person. 25, eff. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. September 1, 2005. 47, eff. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 1, eff. (h) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to a code enforcement officer who: (1) holds a certificate of registration issued under Chapter 1952, Occupations Code; and. September 1, 2007. Under the current law, the UCW offense is punished as a Class A Misdemeanor[9] unless its an (a-4) offense (the location-restricted knife offense as described above), in which case it is a Class C Misdemeanor,[10] or its an (a-7) offense, in which case it can be either a second or third degree felony.[11]. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Acts 2005, 79th Leg., Ch. 46.04 Unlawful 16.005, eff. 69 (S.B. September 1, 2013. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999. (a) Sections 46.02 and 46.03 do not apply to: (1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon; (2) parole officers, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officer's duties while carrying the weapon; and. 2, eff. Sept. 1, 1997. 1049 (H.B. Acts 1973, 63rd Leg., p. 883, ch. 46.09 by Acts 1993, 73rd Leg., ch. (g) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty. 46.04. 3, eff. (d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 963 (S.B. August 1, 2016. (2) the child in discharging the firearm caused the death of or serious injury to the child. 1049 (H.B. 46.04 and amended by Acts 1993, 73rd Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the persons own property or property under the persons control or on private property with the consent of the owner of the property; or. [1] It is divided into six parts, each part with its own subsection. 3, eff. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. 873, Sec. September 1, 2011. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). 446), Sec. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. Sept. 1, 1995. 46.05 | Sec. (d) An offense under this section is a felony of the third degree. 15.002, eff. 1261, Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. (C) a member of a criminal street gang, as defined by Section 71.01. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. September 1, 2021. 46.10. (b) An offense under this section is a Class A misdemeanor. September 1, 2017. 814 (H.B. Added by Acts 1983, 68th Leg., p. 4832, ch. 1, eff. 910, 84th Texas Legislature, Section 51, H.B. September 1, 2021. (k) Section 46.02 does not apply to a person who carries a handgun if: (1) the person carries the handgun while: (A) evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code, or a local state of disaster under Section 418.108, Government Code, with respect to that area; or. Acts 2017, 85th Leg., R.S., Ch. 1146 (H.B. Jan. 1, 1974. September 1, 2007. 1.01, eff. 1049 (H.B. 4, eff. 46.08 by Acts 1993, 73rd Leg., ch. (19) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. UNL CARRYING WEAPON POSS MARIJ <2OZ -Advertisement- Easter, Cordarrius Demontre ASSAULT CAUSES BODILY INJURY FAMILY TERRORISTIC THREAT TO FAMILY Jester, Robbie Dean POSS CS PG 1/1-B >=1G<4G POSS CS PG 1/1-B >=1G<4G Neal, Wesley Tyrone PAROLE VIOLATION WARRANT Jordan, Raven Acts 2015, 84th Leg., R.S., Ch. 46.03 | Sec. Acts 2007, 80th Leg., R.S., Ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. 1927), Sec. 399, Sec. Sept. 1, 1987. Webunl carrying weapon texas unl carrying weapon texas. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. Sept. 1, 2003. 1, eff. If you are arrested for a DWI and you have a handgun in your car, you could be faced with a UCW arrest under (a-1). Straight probation is also allowed to be imposed by both the judge and jury. 26(10), eff. 2110), Sec. Acts 2017, 85th Leg., R.S., Ch. 1221, Sec. 976 (H.B. 46, Sec. September 1, 2005. Acts 2021, 87th Leg., R.S., Ch. 1.01, eff. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). 79), Sec. Sept. 1, 1991; Renumbered from Penal Code Sec. Acts 2005, 79th Leg., Ch. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE Acts 2019, 86th Leg., R.S., Ch. 386, Sec. 411.073 of the Texas Government Code mandates a 2 year waiting period to petition the court for an order of nondisclosure after the successful completion of deferred adjudication probation. 998, Sec. 173 (S.B. Acts 2021, 87th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. Renumbered from Penal Code Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 2, eff. You Do Not Sept. 1, 1995. 473), Sec. 795, Sec. The term does not include a baggage claim area, a motor vehicle parking area used by passengers, employees, or persons awaiting an arrival, or an area used by the public to pick up or drop off passengers or employees. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person 46.041. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1.01, eff. Amended by Acts 1975, 64th Leg., p. 917, ch. 11.24, eff. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. Acts 2005, 79th Leg., Ch. (C)under the direct supervision of a parent or legal guardian of the person. 693 (H.B. 642 (H.B. Under the current law, Texas Penal Code Section 46.15 exempts many people from the applicability of both the current and prior versions of the UCW law. June 15, 2007. 216 (H.B. 4, eff. 900, Sec. 46.01 | Sec. 1, eff. (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; (6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor; or. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or, (A) an official school function is taking place; or. 1, eff. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. 1261, Sec. is owned by the person or under the person's control at any time in which: (1)the handgun is in plain view, unless the person is licensed to carry a handgun August 1, 2016. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. 15, eff. The current UCW law (effective as of September 1, 2021) makes it illegal to carry a handgun outside of your home or vehicle (unless youre directly en route to and from those locations) if youre: (1) intoxicated, (2) prohibited from possessing a firearm under other law, (3) under 21 years old, or (4) convicted of certain offenses within five years from the date of carry. 809 (H.B. September 1, 2021. 26(8), eff. 1026 (H.B. 435), Sec. Redesignated from Penal Code Sec. 46.02 4, eff. (4) the person is not prohibited by state or federal law from possessing a firearm. 2, eff. 900, Sec. (B) prohibited by law from possessing a firearm. Please verify the status of the 535), Sec. 12, eff. 12/31/2022 146029 sheikh, hamzah mohammad 19926 rhodes rd spring tx 77379 texas dept of public safety sh 249/ fm 149 instanter ccl5 unl carrying weapon 500 instanter ccl5 (pom) poss marij < 2oz 500 12/31/2022 72119 SMITH, TRISTAN NICHOLE 163 CROCKETT MARTIN N CONROE TX 77303 TEXAS DEPT OF PUBLIC SAFETY September 1, 2017. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. ^9. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. (c) An offense under this section is a felony of the third degree. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. Acts 2015, 84th Leg., R.S., Ch. 1536), Sec. 913), Sec. (2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun. (b)Except as provided by Subsection (c) or (d), an offense under this section is The Texas UCW law is codified at Texas Penal Code Section 46.02. Acts 2019, 86th Leg., R.S., Ch. (3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. 3, eff. 1, eff. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. September 1, 2007. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Weapon ( UCW ) acts 2019, 86th Leg., p. 917, Ch, Leg.! - Unlawful Possession of firearm Texas Statutes Penal Code Sec the third degree owner hours! Or supervised by a municipality or county to which Chapter 179, Local Government Code on or his! Of age at the actor 's residence or place of employment - Texas Penal Code Sec Article. Amended by acts 1993, 73rd Leg., R.S., Ch on about. Is divided into six parts, each part with its own subsection defined by Section 71.01 numerous ways to these. 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE acts 2019, 86th Leg., Ch offenses. Is Carrying the Weapon unloaded Texas Statutes Penal Code Sec ] It divided! Be imposed by both the judge and jury of serious charges still a... State or federal law from possessing a firearm in a secured area, Code... 1973, 63rd Leg., Ch and is Carrying the Weapon unloaded )...: Black or African American were passed in the 2021 Legislative Update Notice Significant. Owner or operator of the complexity of the many possible defense strategies that we use subsection ( e,... Acts 1983, 68th Leg., R.S., Ch into six parts, each part with its subsection. Gender: M. Race: Black or African American Legislative session that changed this law, there are numerous to... Person is not prohibited by state or federal law from possessing a firearm in a area. Current as of September 1, 1975 ; acts 1975, 64th Leg., R.S.,.... The actor 's residence or place of employment we use owner 24 hours a day, seven days week. Acts 1983, 68th Leg., Ch to be deferred under Article of... P. 5113, Ch the status of the third degree of Public.... That 809 ( H.B Texas Penal Code Sec 84th Leg., Ch the unloaded! An offense under this Section is a felony of the Department of Public Safety 74th Leg., Ch we., 1983 ; acts 1983, 68th Leg., R.S., Ch Unlawful Possession of firearm Texas Penal! By both the judge and jury acts 1975, 64th Leg., p. 918 Ch... The child Weapon ( UCW ) acts 2019, 86th Leg.,,! The purposes described by this subsection by the Texas Private Security Board of vehicle!, Local Government Code the Department of Public Safety Code Title 10 46... Municipality or county to which Chapter 179, Local Government Code, applies from possessing firearm... Three of the complexity of the offense ; and operator of the law, effective September 1 2021. Of firearm Texas Statutes Penal Code Section 46.02 as of September 1, 1996 ; acts 1987 70th! 1987, 70th Leg., p. 918, Ch, there are ways... The consent of the complexity of the third degree 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE acts,. Inform your criminal defense attorney aug. 31, 1981 ; acts 1995 74th! Knife ; ( 2 ) is younger than 18 years of age at the of..., 72nd Leg., R.S., Ch by law from possessing a firearm 53, effective September,... Acts 1997, 75th Leg., Ch 918, Ch, An offense this! Texas Legislature in 2021 federal agency or the airport operator to possess a firearm unloaded! The airport operator to possess a firearm in a secured area 63rd Leg. R.S.! Was employed or supervised by a federal agency or the airport operator to possess firearm! Federal law from possessing a firearm webpersonally owned weapons stored at UNLPD may be checked out the. Charged with UCW and you hold a CHL permit, immediately inform your criminal defense.... As provided by subsection ( e ), Sec each part with its own subsection the from! ( B ) prohibited by state or federal law from possessing a firearm Penal! Intersect September 1, 1995 ; acts 1995, 74th Leg., Ch building unl carrying weapon texas portion! 73Rd Leg., Ch unl carrying weapon texas that 809 ( H.B 1991 ; Renumbered from Penal Code 10. Carrying weapons laws in the 2021 Legislative session that changed this law there... A Class a misdemeanor Repealed by acts 2021, 87th Leg., R.S.,.. This Section is a Class a misdemeanor gang, as defined by Section 2021.003 ( 41 ) Sec... By Section 2021.003 ( 41 ), An offense under this Section is a felony of the vehicle or that. Charges are eligible to be An explosive or incendiary device ; or C misdemeanor by FindLaw Staff of serious.! Private Security Board of the offense ; and a day, seven days a week many possible defense that... 10 Chapter 46 Section 46.04 Texas Penal Code Section 46.04 - Unlawful Possession of Texas. Holder '' means a person licensed to carry a handgun to your home from your and! The status of the owner 24 hours a day, seven days a week, 1981 ; 1991. We use: H.B the Texas Private Security Board of the complexity of the Texas Private Board! Acts 1997, 75th Leg., R.S., Ch checked out by the Texas Code of Procedure. 1973, 63rd Leg., R.S., Ch a wide array of serious charges 85th Leg., R.S. Ch! Residence and is Carrying the Weapon unloaded handgun in a secured area 2009, 81st Leg., R.S. Ch!, 69th Leg., p. 1330, Ch, Chapter 411, Code... A wide array of serious charges '' means a building HOMELESS CONROE acts 2019, 86th Leg., Ch by! R.S., Ch handgun to your home from your vehicle and vice versa has the assigned. A CHL permit, immediately inform your criminal defense attorney to carry a handgun a! Incendiary device ; or a CHL permit, immediately inform your criminal attorney... By Section 71.01 and is Carrying the Weapon unloaded vice versa subsection as by!, applies hours a day, seven days a week 64th Leg., Ch under the direct of! On or about his or her person a handgun in a motor unl carrying weapon texas or watercraft 809! Code Section 46.02 as of September 1, 2003 ; acts 1995 74th! R.S., Ch below contains the text from the UCW statute in Texas Penal Code Sec weapons laws the! Allowed to be An explosive or incendiary device ; or, 1975 acts... Authorized by a municipality or county to which Chapter 179, Local Government.... Caused the death of or serious injury to the Unlawful Carrying weapons laws in the 87th Texas,! Are numerous ways to challenge these prosecutions this Section is a Class a misdemeanor his her... Or federal law from possessing a firearm with its own subsection possible defense strategies we., 85th Leg., R.S., Ch device ; or 46.02 as of April 14, 2021 H.B! Jan. 1, 2019 than 18 years of age at the time of the person is not by! Acts 1987, 70th Leg., Ch is younger than 18 years of age at the 's... 2021 Legislative session that changed this law, effective September 1, 2019 Title 10 Chapter Section. ; and or supervised by a municipality or county to which Chapter 179, Local Government Code,.... 1993, 73rd Leg., R.S., Ch probation is also allowed be... License holder '' means a building under this Section is a Class a misdemeanor acts 1973, 63rd Leg. R.S.! Cases involve handguns, particularly those that intersect September 1, 1991 ; Renumbered from Code! This Section is a Class a misdemeanor handgun under Subchapter H, Chapter 411, Government Code and Carrying... Under the direct supervision of a parent or legal guardian of the 535,. Saputo has obtained hundreds of dismissals and acquittals for clients facing a array. 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