1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 2, eff. 746, Sec. 48, eff. 1.01, eff. 1, eff. 46.01. (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. 1281 (H.B. (b) Section 46.02 does not apply to a person who: (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution; (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actors residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity; (4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the persons duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment and is wearing the officers uniform and carrying the officers weapon in plain view; (5) acts as a personal protection officer and carries the persons security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the persons duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment; and, (i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officers weapon in plain view; or. 10.04, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). 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. The exception regarding carrying in, to, and from your home or vehicle does still apply to the people under 21 and those convicted of the offenses described above. 1261, Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 809 (H.B. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. An offense under Subsection (a)(5) is a state jail felony. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 679 (H.B. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 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. 216 (H.B. 8. September 1, 2021. 794 (S.B. Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. unl carrying weapon texas 27 Feb. unl carrying weapon texas. Sept. 1, 2003. He was booked into the jail at 2:45 a.m. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and Reckless Driving. 324 (S.B. 93 (S.B. 1143 (H.B. September 1, 2021. Texas Code of Criminal Procedure Chapter 42A^16. Texas Penal Code 46.02(e)^12 H.B. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. 1026 (H.B. 1920), Sec. 554), Sec. Sec. 446), Sec. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. (C) under the direct supervision of a parent or legal guardian of the person. 481 (H.B. 2.07, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 2003. Acts 2021, 87th Leg., R.S., Ch. The UCW law mentions the term criminal street gang. The criminal street gang definition is discussed in our article about Engaging in Organized Criminal Activity. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and, (A) on the persons own premises or premises under the persons control; or. Acts 2021, 87th Leg., R.S., Ch. 913), Sec. Current through the 87th Legislature Third Called Session. 20.002, eff. WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. H.B. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. (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. Jan. 1, 1974. 203, Sec. 3 (H.B. 15, eff. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. 2, eff. It also covered carrying a handgun while intoxicated and carrying at a government meeting. 1027 (H.B. 642 (H.B. 46.11 | Sec. Acts 2017, 85th Leg., R.S., Ch. Have you been charged with Unlawful Carrying Weapons (UCW)? 11), Sec. (3) promptly departed from the premises or other property. September 1, 2017. (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. Amended by Acts 1985, 69th Leg., ch. 3, eff. Acts 2009, 81st 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. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 457, Sec. 3, eff. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the person's control; or. (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. Webunl carry handgun lic holder alch prem/cor fac 52030003 pc 46.02(a) unlawful carrying weapon 52030005 pc 46.02(c) unlawful carrying weapon on alcohol premises 216 (H.B. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. 3167), Sec. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 552, Sec. 1126 (H.B. Acts 2009, 81st Leg., R.S., Ch. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. 1552), Sec. 957), Sec. September 1, 2017. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1, eff. (2) an offense under Subsection (a)(7) is a state jail felony. September 1, 2011. Sept. 1, 2003. (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. 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 . (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. 1146 (H.B. 21, eff. Stay up-to-date with how the law affects your life. 229, Sec. 46.041. September 1, 2009. 5, eff. Subsection (a-6) makes it illegal to carry a handgun while intoxicated unless youre in your own property or property that you have consent to be in, inside of or own your way to your own vehicle or a vehicle which you have consent to be in. 910, 84th Texas Legislature, Section 51, H.B. January 1, 2016. TITLE 10. May 30, 2009. Sept. 1, 1994. 1969), Sec. 46.10. September 1, 2019. (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. (10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. Acts 2017, 85th Leg., R.S., Ch. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. September 1, 2005. 900, Sec. 809 (H.B. What is a criminal street gang? Redesignated from Penal Code Sec. 288 (H.B. Sept. 1, 1999. This requirement is in subsections (a), (a-1), (a-4) and (a-7). Acts 2019, 86th Leg., R.S., Ch. (2) at the actor's residence or place of employment. 2/23/2023 503956 ISOKPEHI, JERMAINE OMOHOBA 6250 WESTPARK DR; STE 220 HOUSTON TX 77057-7334 MCSO 1470 LAKE WOODLANDS INSTANTER CCL4 (POM) POSS MARIJ < 2OZ $500 PR BOND INSTANTER CCL4 UNL CARRYING WEAPON $500. Acts 2005, 79th Leg., Ch. 693 (H.B. (c) An offense under this section is a felony of the third degree. You Do Not 1, eff. 1069. 37-year-old Abel Buitron-Salas was arrested early Saturday morning by San Angelo Police for Aggravated Assault with a Deadly Weapon and and Public Intoxication. 17, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 91 (S.B. 25), Sec. June 20, 2003. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. (ii) with the consent of the owner or operator of the vehicle or watercraft. 438 (S.B. Views: 10 . First, House Bill 910 amended subsection (a-1)(1) of the UCW law by adding unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster as an exception to the plain view type of UCW violation.[12]. 795, Sec. WebUNLAWFUL CARRYING WEAPONS. 26(10), eff. (A) reasonably appears to be an explosive or incendiary device; or. 1969), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 5.01(a)(46), eff. 1813), Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 1222 (H.B. 1221, Sec. Acts 2005, 79th Leg., Ch. Acts 2013, 83rd Leg., R.S., Ch. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. 679 (H.B. Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. 46.04 and amended by Acts 1993, 73rd Leg., ch. 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 1222 (H.B. September 1, 2021. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 900, Sec. (c) It is an affirmative defense to prosecution under this section that the child's access to the firearm: (1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes; (2) consisted of lawful defense by the child of people or property; (3) was gained by entering property in violation of this code; or. Acts 2007, 80th Leg., R.S., Ch. Please verify the status of the Acts 2021, 87th Leg., R.S., Ch. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. 435), Sec. September 1, 2021. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 2112), Sec. Acts 2019, 86th Leg., R.S., Ch. 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]. 1026 (H.B. 976 (H.B. 1, eff. 25, eff. COMPONENTS OF EXPLOSIVES. Subsection (a-4) of the UCW law covers location-restricted knives. 1935, this exemption will be extended to all location-restricted knives), Section 46.15(j) exempts people who carry a handgun in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission, Consistently recognized by Super Lawyers, Consistently recognized by D Magazine in Best Lawyers for Criminal Defense. (b)Except as provided by Subsection (c) or (d), an offense under this section is Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 5.01(a)(47), eff. 49, eff. August 1, 2016. 1, eff. 46.03 | Sec. (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 2019, 86th Leg., R.S., Ch. WebCarrying a weapon in a prohibited place is a third-degree felony, punishable by up to 10 years in prison and a maximum $10,000 fine. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. 1217 (S.B. 1, eff. Sept. 1, 1994. (a-3) For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. September 1, 2017. Subsection (a) deals with constitutional carry. Subsection (a) of the current Texas UCW law is as follows: (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and, (A) on the persons own premises or premises under the persons control; or. Amended by Acts 1975, 64th Leg., p. 109, ch. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person that contains temporary living quarters and is designed to be towed by a motor vehicle. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 1, eff. 10.02, eff. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. 2, eff. Renumbered from Penal Code Sec. 320, Sec. 173 (S.B. (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. September 1, 2021. 318, Sec. 46.08. September 1, 2007. 46.14 | Sec. September 1, 2011. 15.005, eff. 69 (S.B. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. 964), Sec. 62, Sec. September 1, 2019. Sec. 15, eff. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. (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. Acts 1973, 63rd Leg., p. 883, ch. 1261, Sec. 72 (S.B. 2, eff. Acts 2011, 82nd Leg., R.S., Ch. September 28, 2011. September 1, 2009. WebIf the weapon is in your car, it has to be hidden from plain view. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 216 (H.B. 814 (H.B. Acts 2021, 87th Leg., R.S., Ch. 686), Sec. 4, eff. 1819), Sec. Amended by Acts 1997, 75th Leg., ch. He has also developed groundbreaking innovations in defense strategies and tactics. regardless of whether that use is temporary or permanent. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or. 46.09 | Sec. carries on or about his or her person a handgun in a motor vehicle or watercraft that 23, eff. 873, Sec. 15.004, eff. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was: (1) carried in a holster by the license holder; or. 3, eff. 1536), Sec. (2) the date of the person's release from community supervision following conviction of the misdemeanor. Booking Date: 2/27/2023. It is important to note that this practice is illegal in most states across the nation. 87 (S.B. Acts 2021, 87th Leg., R.S., Ch. 550, H.B. Sept. 1, 1991. 46.04 | Sec. 1, eff. September 1, 2017. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. (g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1). Acts 2021, 87th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 2101), Sec. 435), Sec. 3(1), eff. So if you are under 21 years old, you can still carry a handgun to your home from your vehicle and vice versa. 2, eff. 10, eff. (C) a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. In 2021, the Texas UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. 836, Sec. 446), Sec. 1143 (H.B. Acts 2015, 84th Leg., R.S., Ch. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. 15.02(f), eff. 693 (H.B. Arrest and booking photos are provided by law enforcement officials. 17, eff. 4170), Sec. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or. 1026 (H.B. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; Sept. 1, 1987; Acts 1987, 70th Leg., ch. 5, eff. by the person or under the person's control; or. 405), Sec. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. 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. 2, eff. Sept. 1, 1994. Jan. 1, 1974. (b) This section does not apply to an offense under Section 46.03(a)(1). What is the difference between UCW and UPF? 273), Sec. 2112), Sec. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, DPS Releases New Sex Offender Deregistration Eligibility List, Federal Sentencing Guidelines: Proposed Updates for 2023. 467 (H.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. 693, Sec. September 1, 2013. 2300), Sec. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 1576), Sec. Acts 1973, 63rd Leg., p. 883, ch. 1049 (H.B. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. You can also view an image of the petition when it becomes available and print an uncertified copy of it from this website for free on the same day it is filed. August 1, 2016. Acts 2021, 87th Leg., R.S., Ch. 15.003, eff. September 1, 2005. 1488), Sec. 2, eff. 693 (H.B. Sept. 1, 1994. 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 1488), Sec. September 1, 2017. 1, eff. Jan. 1, 1974. WebUNLAWFUL CARRYING WEAPONS. 26(10), eff. 1, eff. Added by Acts 2009, 81st Leg., R.S., Ch. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. Texas Penal Code 46.15^7. 399, Sec. (ii) in a shoulder or belt holster;a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun; (7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; (8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is: (A) on the immediate premises where the activity is conducted; or. September 1, 2007. Amended by Acts 1997, 75th Leg., ch. (2) in a holster, and the handgun and the license holder were in a motor vehicle. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. This includes a boat you own, as well as your motor 15.02(g), eff. Acts 2015, 84th Leg., R.S., Ch. 3370), Sec. 1, eff. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution; or. Covered carrying a handgun 179, Local government Code, applies with the consent of the law your!, effective September 1, 1997 ; acts 1991, 72nd Leg., R.S., Ch 1987 70th... ) the date of the Department of Public SAFETY guardian of the complexity of person. Texas 27 Feb. unl carrying weapon Public Intoxication not reflect the most recent version of third. 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