1445, Sec. 1, eff. 46.15. 457, Sec. 1048 (H.B. 216 (H.B. 1, eff. 1, eff. 2300), Sec. 17, eff. TITLE 10. Webunl carrying weapon texas unl carrying weapon texas. September 1, 2009. (l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and (a)(4) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. September 1, 2009. 2225), Sec. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. WebUNLAWFUL CARRYING WEAPONS. (e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless: (1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and. 809 (H.B. We explore the UCW law and how it has changed in more detail below. 21, eff. Added by Acts 2001, 77th Leg., ch. 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. 1927), Sec. 324 (S.B. 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 910), Sec. 3(2), eff. 435), Sec. September 1, 2015. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. 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. 1576), Sec. 1927, 87th Texas Legislature, Section 4. ^1. 2.01, eff. 957), Sec. (a-2) For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. 4173), Sec. Sept. 1, 1983. Acts 2005, 79th Leg., Ch. 10.02, eff. 1.01, eff. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. 2018), Sec. All rights reserved. 1126 (H.B. (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. 963 (S.B. Acts 2017, 85th Leg., R.S., Ch. 25), Sec. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. 1416), Sec. 7, eff. 8. 900, Sec. 749, Sec. MAKING A FIREARM ACCESSIBLE TO A CHILD. horse trailer with living quarters. Acts 2009, 81st Leg., R.S., Ch. 435), Sec. September 1, 2015. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 1, eff. HOAX BOMBS. 3607 and H.B. 46.09. 46.14 | Sec. 26(9), eff. June 19, 2009. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. 910), Sec. 167, Sec. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. (a-2) Notwithstanding Section 46.02(a-5), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person: (1) on the premises of an institution of higher education or private or independent institution of higher education; or. Jan. 1, 1974. 921 (H.B. September 1, 2007. (a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. 46.10 | Sec. 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. 46.041. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. 1488), Sec. (ii) with the consent of the owner or operator of the vehicle or watercraft. Amended by Acts 2001, 77th Leg., 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. Renumbered from Penal Code Sec. 446), Sec. (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. UNLAWFUL POSSESSION OF FIREARM. (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. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. (2) at the actor's residence or place of employment. Acts 2015, 84th Leg., R.S., Ch. 467 (H.B. 318, Sec. Acts 2021, 87th Leg., R.S., Ch. 46.11. 1, eff. September 1, 2005. Section 46.02 - Unlawful Carrying Weapons. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 4, eff. 446), Sec. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. Added by Acts 1995, 74th Leg., ch. 6, eff. 4170), Sec. 3, eff. Acts 2019, 86th Leg., R.S., Ch. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. 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. Jan. 1, 1974. 1, eff. 814 (H.B. 998, Sec. He has also developed groundbreaking innovations in defense strategies and tactics. Sec. 46.12. 1488), Sec. Sept. 1, 2001. 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]. Acts 2007, 80th Leg., R.S., Ch. 446), Sec. Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. (a) In this section: (1) "Child" means a person younger than 17 years of age. 4, eff. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. 550, H.B. (2) an offense under Subsection (a)(7) is a state jail felony. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 46.14. 998, Sec. 1043, Sec. 1927), Sec. 1536), Sec. Sept. 1, 2003. September 1, 2011. 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. If the person was prohibited from possessing a firearm because of a felony conviction, the (a-7) violation is punished as a second-degree felony with a minimum 5-year punishment. 1927. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. September 1, 2009. 46.035. He was booked into jail at 3:02 a.m. and his bond was initially set at $462 and could be increased when he is magistrate by a Justice of the Peace. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 1143 (H.B. Sept. 1, 1991. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. (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. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. August 1, 2016. 13, eff. UNLAWFUL CARRYING WEAPONS. 1080 (H.B. June 20, 2003. 1049 (H.B. 1, eff. 320, Sec. Sec. 2, eff. Unlawful Carrying of Handgun by License Holder. 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. Amended by Acts 1995, 74th Leg., ch. 1, eff. (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. Acts 2021, 87th Leg., R.S., Ch. Unlawful Carry Weapon (UCW) 1188), Sec. 10, eff. September 1, 2011. 203, Sec. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or. 155 (H.B. 481 (H.B. Acts 2019, 86th Leg., R.S., Ch. 11.24, eff. September 1, 2019. (b) An offense under this section is a Class A misdemeanor. 1.01, eff. Sept. 1, 1994. 578), Sec. Unlawful Carrying Weapons - last updated April 14, 2021 342, Sec. 1927), Sec. 1815), Sec. September 1, 2005. Copyright 2023, Thomson Reuters. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. August 1, 2016. (b) Sections 46.02, 46.03(a)(14), and 46.04(a-1) do 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 actor's 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 person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view; (5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's 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 officer's weapon in plain view; or. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the persons control at any time in which: (1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or, (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or. 45, eff. 809 (H.B. 8, eff. 1, eff. 15.003, eff. 1.01, eff. 520 (S.B. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. 457, Sec. (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. 873, Sec. Acts 2005, 79th Leg., Ch. 399, Sec. Acts 2021, 87th Leg., R.S., Ch. 910), Sec. CCH Conviction counts based on CDN 46.11 by Acts 1993, 73rd Leg., ch. Texas Penal Code 46.15^7. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 5.01(a)(47), eff. 3, eff. on water, used or capable of being used for transportation on water. 1261, Sec. Note, however, that Section 46.035 contained separate rules for prohibited carry by CHL holders, but this law was repealed in 2021 by H.B. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. Acts 2007, 80th Leg., R.S., Ch. 229, Sec. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. Current as of April 14, 2021 | Updated by FindLaw Staff. 7, eff. Arrest and booking photos are provided by law enforcement officials. (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 or other qualified retired law enforcement officer, as defined by 18 U.S.C. Sept. 1, 1997. Amended by Acts 1995, 74th Leg., ch. (2) "School" means a private or public elementary or secondary school. (b) An offense under this section is a felony of the third degree. 4, eff. Acts 2013, 83rd Leg., R.S., Ch. 32, eff. Added by Acts 2009, 81st Leg., R.S., Ch. 679 (H.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. (A) on the persons own premises or premises under the persons control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; or. 508, Sec. 1221, Sec. that contains temporary living quarters and is designed to be towed by a motor vehicle. Texas Penal Code 46.02(d)^11. 3 (H.B. Texas Penal Code 46.02(b)^10. (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. Sec. 399, Sec. September 1, 2017. 1, eff. 1221, Sec. (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. 1093 (H.B. Acts 2005, 79th Leg., Ch. 69 (S.B. 24, eff. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the persons control at any time in which: (1) the handgun is in plain view, 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; or. Straight probation is also allowed to be imposed by both the judge and jury. In summary, the open carry law made it no longer a crime for a CHL or CCL (that is, a holder of a concealed carry permit) to carry a handgun in a shoulder or belt holster in plain view, under most circumstances. Added by Acts 1995, 74th Leg., ch. 2730), Sec. The defense we might use in your case might be different, and it will depend on the specific facts of your case. (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. September 1, 2021. September 1, 2011. 1063, Sec. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 229, Sec. Acts 2019, 86th Leg., R.S., Ch. (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. (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. 1927), Sec. 686, Sec. Sept. 1, 1994. (3) is punishable by confinement for one year or more in a penitentiary. January 1, 2016. [5] After the passage of the open carry laws, the UCW law in effect for offenses occurring before September 1, 2017 was as follows (the phrase in bold below was added by the legislature in 2015): (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: (1) on the persons own premises or premises under the persons control; or. 16.004, eff. 216 (H.B. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. 550), Sec. (5) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. 520 (S.B. 809 (H.B. (3) the person is not prohibited by state or federal law from possessing a firearm. Acts 2021, 87th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 1222 (H.B. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 1026 (H.B. 12A.001, eff. by the person or under the person's control; or. September 1, 2017. 976 (H.B. September 1, 2021. unl carrying weapon texas 27 Feb. unl carrying weapon texas. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. 1093 (H.B. 2, eff. 1261, Sec. 260, Sec. (A) on the person's own premises or premises under the person's control; (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; or. [4] The law in effect for offenses occurring on or after September 1, 2017, but before September 1, 2019, is below (language removed from the 2015 version of the law is indicated in strikethrough): (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and. September 1, 2005. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 4, eff. 1049 (H.B. Webunl transf handgun under 18yoa 46.06(d) sb162 unlawful transfer of handgun under 18yoa 46.06(d)(1) provide false info for nics background check 46.06(d)(2) obstruct highway 2.07, eff. Arrest and booking photos are provided by law enforcement officials. 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