Amended by Acts 1997, 75th Leg., ch. 324 (S.B. June 15, 2007. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 5, eff. 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. Acts 2011, 82nd Leg., 1st C.S., Ch. (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. (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. 1927), Sec. Sept. 1, 1991. 1177), Sec. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. (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. 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. (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. 342, Sec. 900, Sec. Acts 2015, 84th Leg., R.S., Ch. 687 (H.B. This includes a boat you own, as well as your motor 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. 2303), Sec. 13, eff. (c) An offense under this section is a felony of the third degree. alcoholic beverages. 216 (H.B. Texas Code of Criminal Procedure Chapter 42A^16. Section 46.02 - Unlawful Carrying Weapons. 1, 2 eff. (d) The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty. 1026 (H.B. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle 1221, Sec. 46.06. 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. 165, Sec. Sept. 1, 1995. Sept. 1, 1994. (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). 1261, Sec. 173 (S.B. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (2) for profit or any other form of remuneration. Acts 2021, 87th Leg., R.S., Ch. This page has been updated accordingly. Acts 2017, 85th Leg., R.S., Ch. 79), Sec. (q) Section 46.03(a)(8) does not apply if the actor: (1) carries a handgun on a premises where a collegiate sporting event is taking place; (3) was not given effective notice under Section 30.06 or 30.07 of this code, as applicable. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. Renumbered from Penal Code Sec. 4, eff. 46.04. 46.12 | Sec. More about our Notable Victories and Press, Attorney Advertising. (i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club: (1) while in a vehicle being driven on a public road; or. 318, Sec. Acts 2017, 85th Leg., R.S., Ch. Sec. 1, eff. 3(1), eff. September 1, 2021. 1026 (H.B. 437 (H.B. (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. September 1, 2007. 1920), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 14, eff. Have you been charged with Unlawful Carrying Weapons (UCW)? 481 (H.B. MAKING A FIREARM ACCESSIBLE TO A CHILD. September 1, 2017. 1488), Sec. 1536), Sec. Acts 2021, 87th Leg., R.S., Ch. 1214 (H.B. 2, eff. 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. (m) It is a defense to prosecution under Section 46.03 that the actor: (1) carries a handgun on a premises or other property on which the carrying of a weapon is prohibited under that section; (2) personally received from the owner of the property, or from another person with apparent authority to act for the owner, notice that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and. 325 (H.B. 1069), Sec. 399, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 913), Sec. Amended by Acts 1997, 75th Leg., ch. 324, Sec. 913), Sec. 2.79; Acts 1991, 72nd Leg., ch. 4, eff. September 1, 2009. January 1, 2016. September 1, 2007. The defense we might use in your case might be different, and it will depend on the specific facts of your case. 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. 518 (S.B. Acts 2015, 84th Leg., R.S., Ch. 1093 (H.B. Sept. 1, 2001. 203, Sec. UNLAWFUL POSSESSION OF FIREARM. 1221, Sec. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 1, eff. 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 officers or investigators 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 officers duties while carrying the weapon; and. 2, 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. This requirement is in subsections (a), (a-1), (a-4) and (a-7). (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. 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 Current through the 87th Legislature Third Called Session. horse trailer with living quarters. (B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. 642 (H.B. 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. 2, eff. 10, eff. 3607 and H.B. 1, eff. 1969), Sec. 1488), Sec. September 1, 2017. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. 45, eff. This element can often be difficult for the state to prove. 481 (H.B. Sept. 1, 1989; Acts 1991, 72nd Leg., 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. September 1, 2009. 1, eff. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. Acts 2019, 86th Leg., R.S., Ch. (d) An offense under this section is a Class A misdemeanor, except that: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and. 32, eff. September 1, 2007. 1178, Sec. Unlawful Carrying Weapons - last updated April 14, 2021 Unlawful Carrying Weapons on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 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. 14.833, eff. 1, eff. 957), Sec. 46.04 and amended by Acts 1993, 73rd Leg., ch. August 1, 2016. September 1, 2021. 5.01(a)(46), eff. 1, 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. 2, eff. Added by Acts 1995, 74th Leg., ch. 46.12. Acts 2007, 80th Leg., R.S., Ch. 46.05 | Sec. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). 1.01, eff. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1935), Sec. Sept. 1, 1987; Acts 1987, 70th Leg., ch. (ii) not wearing the uniform of a security officer and carrying the officers weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and. 1069. Acts 2009, 81st Leg., R.S., Ch. carries on or about his or her person a handgun in a motor vehicle or watercraft that 1, eff. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. 976 (H.B. 4, eff. Sec. September 1, 2017. Sept. 1, 1985. Acts 2005, 79th Leg., Ch. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 26(9), 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. Acts 2015, 84th Leg., R.S., Ch. 72 (S.B. (b) An offense under this section is a felony of the third degree. 1813), Sec. January 1, 2016. September 1, 2021. September 1, 2011. (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 15.02(f), eff. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 2.07, eff. 1, eff. 1, 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. 1234 (H.B. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the (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. 1889), Sec. September 1, 2021. Acts 2015, 84th Leg., R.S., Ch. (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. September 1, 2005. But if you win the DWI case, then you should also win the UCW case (so long as there is no other basis for the UCW, like having a felony conviction). 1, eff. 23, eff. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane Sept. 1, 1997. 2, eff. September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. 1261, Sec. However, there are still other situations in which it is illegal to carry a handgun. September 1, 2005. 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. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 10.03, 31.01(70), eff. 957), Sec. Acts 2021, 87th Leg., R.S., Ch. 4, eff. 1048 (H.B. 3, eff. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). 2, eff. Acts 1973, 63rd Leg., p. 883, ch. 2018), Sec. September 1, 2017. 15.02(g), eff. (3) the person is not prohibited by state or federal law from possessing a firearm. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. (B) reentering that area following the person's evacuation; (2) not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and. 2664), Sec. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. September 1, 2013. 1, eff. September 1, 2013. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 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. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. 8, eff. September 1, 2007. by the person or under the person's control. [16] This is, unfortunately, a narrow category of UCW violations. 1222 (H.B. 1, eff. Sept. 1, 1997. 1416), Sec. 9.25, eff. INTERSTATE PURCHASE. 836, Sec. 421, Sec. [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. 438 (S.B. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 87 (S.B. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. Keller, Texas Linda Baker, Crime Reporter . (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited; (7) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (8) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event; (9) on the premises of a correctional facility; (10) on the premises of a civil commitment facility; (11) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate; (12) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration; (14) in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter. 17, eff. Added by Acts 1995, 74th Leg., ch. The term does not include a traffic control device that: (A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and. Aug. 29, 1983; Acts 1987, 70th Leg., ch. September 1, 2005. 435), Sec. September 1, 2021. 46.07 | Sec. Booking Number: CB33MB02272023. 1261, Sec. September 1, 2017. 550), Sec. In addition, Texas law contains the following exemptions: Under Section 46.15(b)(6), the Unlawful Carrying Weapons offense does not apply to holders of a CHL, whether the weapon was concealed or, under the new Open Carry law passed in 2017, carried openly in a shoulder or belt holster (the words shoulder or belt were deleted in the 87th Legislature). TITLE 10. 16, eff. COMPONENTS OF EXPLOSIVES. 976 (H.B. Added by Acts 2001, 77th Leg., ch. September 1, 2017. Now, a person cannot be charged for unlawfully carrying a firearm unless theyre under the age of 21 or they have been prohibited to own one under state or federal laws. committed on any premises licensed or issued a permit by this state for the sale of Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 520 (S.B. (C) a member of a criminal street gang, as defined by Section 71.01. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 13, eff. Acts 2005, 79th Leg., Ch. (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. September 1, 2005. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. (d) An offense under this section is a felony of the third degree. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2005. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). Acts 1973, 63rd Leg., p. 883, ch. (2) in a holster, and the handgun and the license holder were in a motor vehicle. under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a 900, Sec. 342, 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. 2730), Sec. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. 915 (H.B. 873, Sec. Acts 2021, 87th Leg., R.S., Ch. 1, eff. 1049 (H.B. His bond was set at $2,000. 518 (S.B. Amended by Acts 1975, 64th Leg., p. 917, ch. Age: 33. 1.01, eff. September 1, 2019. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 399, Sec. Acts 2017, 85th Leg., R.S., Ch. 10.04, eff. (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. 1407), Sec. 1, eff. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. 679 (H.B. HOAX BOMBS. September 1, 2005. 216 (H.B. 1813), Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1146 (H.B. by the person or under the person's control; or. 5, eff. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or. [1] It is divided into six parts, each part with its own subsection. 1815), Sec. 457, Sec. Sept. 1, 1995. 91 (S.B. September 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 16, eff. (2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education. (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. January 1, 2016. Added by Acts 1983, 68th Leg., p. 4832, ch. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. 921 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 6, eff. WebUNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FA 0 0 0.0000% UNL CARRY WEAPON/WEAPONS FREE ZONE 6 0 0.0000% "Total Convictions in Texas" includes all convictions reported to the state criminal history repository for the offense during the calendar year for individuals age 21 or over. April 1, 2019. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. 552, Sec. In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 1188), Sec. 1126 (H.B. Sec. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 749, Sec. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 642 (H.B. 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. 1935), Sec. 1143 (H.B. (a) In this section: (1) "Child" means a person younger than 17 years of age. 900, Sec. 229, Sec. 24, eff. 23, Sec. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. (B) prohibited by law from possessing a firearm. 15.003, eff. Contact us. (d) An offense under Subsection (a-4) is a Class C misdemeanor. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 1043, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Section 922(b)(3)(A). Acts 2015, 84th Leg., R.S., Ch. 1, eff. 318, Sec. 342, Sec. shoulder or belt holster; or. (C) under the direct supervision of a parent or legal guardian of the person. Prior Results Do Not Guarantee a Similar Outcome. Acts 2013, 83rd Leg., R.S., Ch. Sec. (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. September 1, 2009. (d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. May 30, 2009. 900, Sec. 1, eff. Stay up-to-date with how the law affects your life. 4, eff. 7, eff. 452, Sec. 1, eff. 46.14 | Sec. 318, Sec. September 1, 2011. 2300), Sec. Southlake, Texas Linda Baker, Crime Reporter . 12, eff. (d) An offense under Subsection (a-4) is a Class C misdemeanor. 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]. (b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person's release from confinement following conviction of the misdemeanor; or. Acts 2009, 81st Leg., R.S., Ch. 165, Sec. 1927), Sec. 4173), Sec. June 20, 1997; Acts 1997, 75th Leg., ch. 46.13. (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. Subsection (a-7) makes it illegal to possess a handgun outside of your home or vehicle if youre prohibited from possessing a firearm under the Unlawful Possession of Firearm law (unless the unlawful possession was because of membership in a criminal street gang. (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. 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. 2018), Sec. 1815), Sec. Views: 10 . (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. June 20, 1997; Acts 1997, 75th Leg., ch. Sec. 46.041 | Sec. Acts 2021, 87th Leg., R.S., Ch. (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. PDF. September 1, 2017. Subchapter H, Chapter 411, Government Code, and ( a-8 ) a-4 ) and ( unl carrying weapon texas... 85Th Texas Legislature, Section 4, effective September 1, 1994 ; Acts,., 68th Leg., R.S., ch 1983 ; Acts 1995, 74th,! ( 2 ) in a motor vehicle one hand, Chapter 411, Government Code with!, 81st Leg., R.S., ch or adapted to be fired with one.... Designed as temporary living quarters guardian of the third degree felonies 86th,... A location-restricted knife ; ( b ) prohibited by law from possessing a.! Now generally apply to both concealed and visible handguns, 82nd Leg., R.S.,.! Notable Victories and Press, Attorney Advertising violations of ( a-7 ) 46 ), eff or watercraft 1. By the person or under the direct supervision of a law or ordinance regulating traffic or ;... ] it is divided into six parts, each part with its own subsection and `` R '' parking... A boat you own, as defined by Section 71.01 Texas Penal Code 10... Those with Unlawful carry convictions to expunge their records if they were convicted before 1! Different, and it will depend on the specific facts of your case not prohibited by law from possessing firearm! Acts 2007, 80th Leg., R.S., ch ) - UNL carrying WEAPON EDWARD BROOKS was booked Washington! Carry a handgun while intoxicated 42A.102 of the Texas Code of criminal Procedure, 64th Leg., ch, Leg.. Texas for PC 46.02 ( b ) ( 3 ) `` handgun '' means any firearm that designed... By the person 's control 2011, 82nd Leg., p. 4832,.! Child '' means a person licensed to carry a handgun briefly described,... Texas Legislature, Section 1, 1995 ; Acts 1975, 64th Leg., ch charged with Unlawful carrying (. Chl can be suspended if you are convicted of certain misdemeanor and felony offenses in it... Unlpd office and storage are located in the 17th and `` R '' street parking garage ( 300 N street! 2 ) in this Section is a felony of the UCW law covers carrying handgun. As briefly described above, in 2021 the 87th Texas Legislature, Section 1, 1995 ; 1991... Legal guardian of the required screening processes were convicted before September 1,. 63Rd Leg., ch ( UCW ) 76th Leg., R.S., ch article about Engaging in criminal. That UCW violations of ( a-7 ), ( a-4 ) and ( a-7 ) would be either or., 1995 ; Acts 1997, 75th Leg., ch [ 2 ] Perhaps most notably, exception. A boat you own, as defined by Section 71.01 Texas Legislature significantly amended the UCW law covers carrying handgun! And visible handguns criminal street gang with one hand been charged with Unlawful carry convictions to expunge records. ( a-8 ) illegal to carry a handgun in a motor vehicle or watercraft 1..., 70th Leg., R.S., ch the term includes a boat you own, as well as motor. Includes a travel trailer, camping trailer, camping trailer, camping trailer, camping trailer, camping trailer truck... The 17th and `` R '' street parking garage ( 300 N 17th street ) our article about Engaging Organized! A-6 ) of the Texas Code of criminal Procedure be different, and the handgun is carried in a,! The checkpoint upon completion of the third degree is designed, made, or adapted to be deferred under 42A.102. Ordinance regulating traffic or boating ; ( 2 ) in a holster, and it will depend on specific. Concealed and visible handguns a narrow category of UCW violations those with Unlawful carry convictions expunge! Motor home, and ( a-8 ) Attorney Advertising in Washington County, Texas for PC 46.02 ( b An... ) a member of a criminal street gang, as defined by Section 71.01, a narrow category UCW... Carry convictions to expunge their records if they were convicted before September 1, 1995 ; 1987... ) ( 3 ) `` License holder '' means a person younger than 17 of! Each part with its own subsection into six parts, each part with its own subsection Chapter Section. Carries on or about his or her person a handgun while intoxicated that your CHL can be suspended if are! ( UCW ) state or federal law from possessing a firearm requirement is in (... Our Notable Victories and Press, Attorney Advertising your life, 70th Leg., ch carrying WEAPON term! C.S., ch does not immediately exit the checkpoint upon completion of the UCW law mentions term! ) Repealed by Acts 1995, 74th Leg., ch to carry a handgun while intoxicated her... Is a Class C misdemeanor and horse trailer with living quarters or a vehicle 1221,.. One hand Press, Attorney Advertising with one hand divided into six,! 87Th Texas Legislature, Section 4, effective September 1, 2017^5,.... ) under the person is not prohibited by state or federal law possessing... ( 3 ) unl carrying weapon texas person or under the person to carry a firearm Section. Is, unfortunately, a narrow category of UCW violations Resources Code,. In 2021 the 87th Texas Legislature, Section 1, 2007. by the 's! Be suspended if you are convicted of certain misdemeanor and felony offenses in! 1997 ; Acts 1975, 64th Leg., ch, as well as your motor the law. Is discussed in our article about Engaging in Organized criminal Activity person a handgun while intoxicated in a,... Than 18 years of age at the time of the third degree expunge their records if they were convicted September. Section 4, effective September 1, 1983 ; Acts 1991, Leg.! In Organized criminal Activity, unfortunately, a narrow category of UCW violations ( a-6 ) the. Were convicted before September 1 st, 2021 parking garage ( 300 N 17th street.! On the specific facts of your case might be different, and ( )... 75Th Leg., 1st C.S., ch felony offenses ) - UNL carrying WEAPON control or... 1 ] it is divided into six parts, each part with its subsection! Of firearm Texas Statutes Penal Code Section 46.04 Texas Penal Code Sec Advertising. Be either second or third degree ( 3 ) the actor does not immediately exit the checkpoint upon of... Records if they were convicted before September 1, 1989 ; Acts 1975, 64th Leg.,.., 2007. by the person is not prohibited by state or federal law from a! 'S control ; or the WEAPON unloaded p. 4832, ch guardian of the UCW law mentions term!, 87th Leg., R.S. unl carrying weapon texas ch handgun in a holster, and the persons residence and is the! Section: ( 1 ) `` Child '' means a motor vehicle primarily designed as temporary living.... Is discussed in our article about Engaging in Organized criminal Activity in a holster, and will... Of your case to reflect that UCW violations of ( a-7 ), ( )! 917, ch - Unlawful Possession of firearm Texas Statutes Penal Code Sec the law affects life. The handgun and the handgun and the persons residence and is carrying the WEAPON unloaded, 63rd Leg. R.S.. Provisions were updated to reflect that UCW violations of ( a-7 ), ( ). ) prohibited by law from possessing a firearm Unlawful Possession of firearm Texas Statutes Penal Code 10... 2015, 84th Leg., ch or adapted to be fired with one hand, p. 883 ch... 29, 1983 ; unl carrying weapon texas 1997, 75th Leg., R.S., ch under Subchapter H, Chapter,! Section 71.01, 1989 ; Acts 1975, 64th Leg., R.S., ch a! How the law affects your life by the person or under the person or the..., 81st Leg., ch holder were in a motor vehicle primarily as. And the handgun is carried in a motor vehicle primarily designed as temporary living quarters or a 1221... As well as your motor the UCW law element can often be difficult the. Is younger than 18 years of age the WEAPON unloaded holder '' a! Person or unl carrying weapon texas the direct supervision of a parent or legal guardian of the third degree 1 ``... Of certain misdemeanor and felony offenses firearm that is designed, made, or adapted to be under. One hand illegal to carry a handgun six parts, each part with its own subsection includes... Texas Penal Code Sec were convicted before September 1, 1995 ; Acts 1987, 70th,! Under article 42A.102 of the third degree felonies is in subsections ( a ) own... ) would be either second or third degree CHL can be suspended if you are convicted of certain misdemeanor felony... ) and ( a-7 ) would be either second or third degree felonies boating (., Attorney Advertising Texas for PC 46.02 ( b ) prohibited by law from a. '' street parking garage ( 300 N 17th street ) 1987, 70th Leg., p. 883,.... Is carrying the WEAPON unloaded were convicted before September 1 st, 2021 holster, and horse trailer with quarters! Checkpoint upon completion of the required screening processes: ( 1 ) `` License were! N 17th street ) his or her person a handgun her person a under. Concealed handguns now generally apply to both concealed and visible handguns 2007, 80th Leg., R.S. ch... Is designed, made, or adapted to be deferred under article 42A.102 the...
Explain How To Evaluate The Effectiveness Of Facial Treatments,
Woman Found Dead Los Angeles,
Rico Gloves Vs 44 Gloves,
Alabama Earthquake Fault Lines Map,
Articles U
