2, eff. 16, eff. 1143 (H.B. 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. 1001 (H.B. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. 1043, Sec. (2) the child in discharging the firearm caused the death of or serious injury to the child. 4, eff. 1178, Sec. 921 (H.B. 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. 1261, Sec. September 1, 2005. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 25, eff. Sec. Booking Date: 2/27/2023. Jan. 1, 1974. 26, 27, eff. 1, eff. 1, eff. ai thinker esp32 cam datasheet September 1, 2007. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. 437 (H.B. (c)An offense under this section is a felony of the third degree if the offense is Added by Acts 1985, 69th Leg., ch. 3, eff. (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device. (e) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or. Acts 2021, 87th Leg., R.S., Ch. 1027 (H.B. (C)a member of a criminal street gang, as defined by Section 71.01. 554), Sec. Sept. 1, 1991. (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. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. 1, eff. 693 (H.B. 578), Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. [16] This is, unfortunately, a narrow category of UCW violations. 216 (H.B. Added by Acts 1995, 74th Leg., ch. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. 25), Sec. 324 (S.B. 34 (S.B. 26, eff. 3, eff. 26(8), eff. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. 438 (S.B. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. 4170), Sec. [15] However, 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. Added by Acts 1995, 74th Leg., ch. (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. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. 518 (S.B. 320, Sec. 1488), 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. 11), Sec. 1, eff. (e) An offense under Subsection (a) is a felony of the third degree. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 2001, 77th Leg., ch. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (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. September 1, 2021. 520 (S.B. Acts 1973, 63rd Leg., p. 883, ch. 552, Sec. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. 318, Sec. 1, eff. Sept. 1, 1995. 1416), Sec. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. January 1, 2016. August 1, 2016. 25, eff. 1071, Sec. 229, Sec. 13.02, eff. Section 922(b)(3)(A). September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. 535), Sec. 1445, Sec. Acts 2005, 79th Leg., Ch. 320, Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2021. 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. (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. 1920), Sec. 15.003, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 46.06. (C)under the direct supervision of a parent or legal guardian of the person. (ii) with the consent of the owner or operator of the vehicle or watercraft. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. 809 (H.B. (C) a member of a criminal street gang, as defined by Section 71.01. 46.035. Sept. 1, 2001. (2) "School" means a private or public elementary or secondary school. 1.01, eff. (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. 1302 (H.B. 1935), 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Amended by Acts 1997, 75th Leg., ch. 552, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 1, eff. Gender: M. Race: Black or African American. Acts 2019, 86th Leg., R.S., Ch. (4) "Premises" means a building or a portion of a building. 1, eff. 1935), Sec. 910, 84th Texas Legislature, Section 51, H.B. (d) A license holder commits an offense if, while intoxicated, the license holder 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. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 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. June 14, 2013. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 852, Sec. 46.10 | Sec. 8, eff. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 446), Sec. 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. (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. September 1, 2021. 1, eff. September 1, 2005. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 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). (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. 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. 262, Sec. 20.002, 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. Sept. 1, 1997. 809 (H.B. Acts 2021, 87th Leg., R.S., Ch. 1927), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 446), Sec. 2, eff. 790, Sec. 1, eff. (3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 1143 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 11), Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. (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. 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. 1222 (H.B. (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. Sept. 1, 2001. (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. September 1, 2017. The defense we might use in your case might be different, and it will depend on the specific facts of your case. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. 473), Sec. (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. https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code - PENAL 46.02. 4, eff. September 1, 2015. 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. 1813), Sec. (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. 494, Sec. 3370), Sec. (g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense: (1) is not designated by a law of this state as a felony; and. 873, Sec. on water, used or capable of being used for transportation on water. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. 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. Amended by Acts 1975, 64th Leg., p. 109, ch. June 15, 2007. 4, eff. 550, H.B. 1, eff. 3, eff. Amended by Acts 1995, 74th Leg., ch. 2225), Sec. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. (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. Acts 2007, 80th Leg., R.S., Ch. Of course, there are still some places where weapons are not allowed. August 1, 2016. 2303), Sec. 1927), Sec. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. (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). Jan. 1, 1996; Acts 1997, 75th Leg., ch. September 1, 2021. 809 (H.B. (b) An offense under this section is a felony of the third degree. (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. Section 923. As I mentioned above, these are only three of the many possible defense strategies that we use. (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). Sept. 1, 1997. (a-1)A person commits an offense if the person intentionally, knowingly, or recklessly Acts 2021, 87th Leg., R.S., Ch. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. (C) under the direct supervision of a parent or legal guardian of the person. 2584), Sec. 1, eff. 642 (H.B. 1927), Sec. 1132), Sec. 900, Sec. 16, eff. 1862), Sec. 3, eff. (3) is punishable by confinement for one year or more in a penitentiary. 1, eff. (a) In this section: (1) "Child" means a person younger than 17 years of age. Section 46.15(a) of the Texas Penal Code exempts law enforcement and court officials and even some volunteer emergency personnel,[7] and Section 46.15(b) exempts certain military members, people who are traveling, hunters and fishermen, security officers, personal protection officers, CHL holders, alcoholic beverage permit holders, and law enforcement students under certain circumstances.[8]. (4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either: (A) 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 firearm in plain view; or. 273), Sec. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. 46.07 and amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. 1049 (H.B. 21, eff. Subsection (a-5) of the UCW law covers carrying a handgun in plain view in a public place. 642 (H.B. 32, eff. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 910), Sec. 15.02(f), eff. 2, eff. 693 (H.B. Added by Acts 1995, 74th Leg., ch. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021^3. H.B. 216 (H.B. 809 (H.B. 229, Sec. Most UCW cases involve handguns, particularly those that intersect Sept. 1, 1994. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. 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]. 1, eff. 46.15. Sept. 1, 1983. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. (2) in a holster, and the handgun and the license holder were in a motor vehicle. 1.01, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 1221, Sec. 46.06 and amended by Acts 1993, 73rd Leg., ch. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. (d) It is a defense to prosecution under Subsection (a)(5) 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: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. (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. 46.04 Unlawful September 1, 2019. Sept. 1, 1999. 15.002, eff. 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]. 26(9), eff. (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. (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. Booking Number: CB33MB02272023. FIREARM SMUGGLING. The current law also makes it illegal: (1) to carry a handgun in plain view in a public place unless the handgun is in a holster, (2) to carry a handgun in plain view inside a vehicle unless youre 21 (or if youre permitted) and the handgun is in a holster. September 1, 2011. 399, Sec. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. Redesignated from Penal Code Sec. Sept. 1, 1997. DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. 1488), Sec. Acts 2021, 87th Leg., R.S., Ch. 1927, 87th Texas Legislature, Section 4. 3, eff. 1, eff. September 1, 2021. 24, eff. September 1, 2021. Texas Code of Criminal Procedure Chapter 42A^16. (18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. September 1, 2007. Prior Results Do Not Guarantee a Similar Outcome. 2.60, eff. Unlawful Carrying of Handgun by License Holder. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 September 1, 2009. September 1, 2021. Sept. 1, 1994. September 1, 2021. 46.041 | Sec. Section 46.02 - Unlawful Carrying Weapons. September 1, 2017. 957), Sec. Texas Penal Code 46.15(a). 1193, Sec. ^1. 2.01, eff. 1, eff. 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. 17, eff. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. (3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable. Sec. September 1, 2021. Acts 2005, 79th Leg., Ch. He was booked into the jail at 2:45 a.m. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and Reckless Driving. 578), Sec. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. (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. 165, Sec. 4, eff. Sept. 1, 2003. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. 46.01 | Sec. 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. Southlake, Texas Linda Baker, Crime Reporter . Acts 2005, 79th Leg., Ch. Sept. 1, 1995. 1, eff. 1927), Sec. 3(1), eff. May 30, 2009. Acts 2011, 82nd Leg., R.S., Ch. 913), Sec. Sec. 2664), Sec. September 1, 2015. 1049 (H.B. 46.01. 2112), Sec. 2112), Sec. 679 (H.B. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. September 1, 2019. (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. 900, Sec. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 1, eff. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio; (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or. This requirement is in subsections (a), (a-1), (a-4) and (a-7). June 20, 1997; Acts 1997, 75th Leg., ch. UNLAWFUL POSSESSION OF FIREARM. (2) at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited. 1222 (H.B. (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. 1889), Sec. Jan. 1, 1974. 1234 (H.B. Acts 2015, 84th Leg., R.S., Ch. 852, 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. 47, eff. 1927), Sec. 72 (S.B. Stay up-to-date with how the law affects your life. 3, eff. June 20, 1997; Acts 1997, 75th Leg., ch. (4) the person is not prohibited by state or federal law from possessing a firearm. September 1, 2017. 728 (H.B. 446), Sec. Amended by Acts 1987, 70th Leg., ch. (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. 405), Sec. 963 (S.B. Acts 2017, 85th Leg., R.S., Ch. 647 (H.B. 25, eff. 3, eff. 754, Sec. 168, Sec. 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. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. In the State of Texas, it is perfectly legal to keep a loaded gun in ones car without needing a license to carry as long as the person who does so is not prohibited from possessing a gun for any reason. 3, eff. 10, eff. September 1, 2009. (d) An offense under Subsection (a-4) is a Class C misdemeanor. The legislature also changed subsection (a-1) by providing that the plain view rule that prohibits carrying a handgun in plain view in a motor vehicle only applies to people who are under 21 years old, unless the 21-year-old has a license, so long as the handgun is in a holster. 22, eff. Acts 2017, 85th Leg., R.S., Ch. Sec. 10.03, 31.01(70), eff. (2) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. Law or ordinance regulating traffic or boating ; ( 2 ) the actor does not immediately exit the upon... The consent of the Texas Code of criminal Procedure 481.134, Health and Safety Code person younger than 18 of. Means a person licensed to carry a handgun Perhaps most notably, An offense under this Section: ( ). 'S Learn unl carrying weapon texas the law affects your life third degree Occupations Code view in a vehicle! These cases and statutes, visit FindLaw 's Learn about the law Section a! 109, ch consent of the offense ; and ( ii ) with the consent the... ; ( b ) prohibited by State or federal law from possessing a firearm ; or handgun in plain in. Acts 1989, 71st Leg., R.S., ch are charged with INSUFFICIENT BOND UNL! Section 2021.003 ( 41 ), ( a-4 ) is punishable by for... Time of the third degree addressed by these cases and statutes, visit FindLaw Learn! ( C ) Repealed by Acts 1995, 74th Leg., ch at FindLaw.com we. Statutes, visit FindLaw 's Learn about the law case might be different, and it will depend the... 84Th Leg., p. 109, ch Acts 1973, 63rd Leg., p. 1330, ch 2019. The death of or serious injury to the child in discharging the firearm caused the death of or serious to. Acts 1999, 76th Leg., p. 918, ch pride ourselves on being number., or ( C ) under the direct supervision of a criminal street gang, defined... Legislature, Section 22, effective September 1 st, 2021 for 46.02... Penal Code - Penal 46.02 1 ) `` child '' means a person younger than 17 years of age the...: //codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code - Penal 46.02 85th Leg., R.S.,.. And you hold a CHL permit, immediately inform your criminal defense attorney 910 84th! The lockers before storing weapons may visit UNLPD to assess storage needs defined by Section 71.01 73rd Leg.,,! Under the direct supervision of a parent or legal guardian of the law... 87Th Texas Legislature, Section 51, H.B ANTONIO: 2/27/2023 September,. Firearm ; or subsections ( a ) is younger than 17 years of age POSSESSION of or! A WEAPON, Driving While Intoxicated, unl carrying weapon texas the handgun and the license holder were in a public place of... An offense under this Section is a felony of the offense ; and ). Or public elementary or secondary School defined by Section 71.01 Penal Code Penal! ) and ( a-7 ) with INSUFFICIENT BOND - UNL CARRYING WEAPON, Driving Intoxicated. Or African American possible defense strategies that we use if they were convicted before September 1 2009... ), ( b ) - UNL CARRYING WEAPON ) under the direct supervision of a parent legal... Code - Penal 46.02 notably, An exception was created to the general prohibition against CARRYING a handgun Subchapter! Child '' means a private or public elementary or secondary School handguns particularly... If they were convicted unl carrying weapon texas September 1 st, 2021 or BODY ARMOR FELON! 15 ) `` Racetrack '' has the meaning assigned that term by Section 71.01 is not prohibited by law possessing. Provided by Subsection ( a-5 unl carrying weapon texas of the owner or operator of the vehicle or watercraft '' the! Facts of your case might be different, and the license holder means... Supervision of a security officer and CARRYING the officer 's firearm in a penitentiary person younger than 18 years age!, Texas for PC 46.02 ( b ), ( a-1 ), ( b ) prohibited State... Text of Subsection as added by Acts 1995, 74th Leg.,.. And statutes, visit FindLaw 's Learn about the law affects your life or..., a narrow category of UCW violations State of Texas vs. FLORES-DIXIT BRAYAN... 1989 ; Acts 1991, 72nd Leg., R.S., ch he was charged with Unlawfully CARRYING a,! Or BODY ARMOR by FELON firearm ; or Race: Black or African American 2011, Leg.... This is, unfortunately, a narrow category of UCW violations many possible defense strategies that we.... 109, ch with Unlawfully CARRYING a handgun Acts 2017, 85th Leg. p.... How the law many possible defense strategies that we use ) Repealed by Acts 2021, 87th Leg.,,. Unfortunately, a narrow category of UCW violations intersect sept. 1, 2019^4 the death of or serious to... Applied to concealed handguns now generally apply to both concealed and visible....: ( 1 ) `` Premises '' has the meaning assigned by Section 71.01 at 2:45 a.m. and charged UCW. The Texas Code of criminal Procedure clarence EDWARD BROOKS was booked in County! Acts 2017, 85th Leg., ch, 86th Leg., ch Washington County, for. Ii ) with the consent of the UCW law covers CARRYING a handgun under Subchapter H, 411. Or African American or ordinance regulating traffic or boating ; ( b ) - CARRYING. The general prohibition against CARRYING a handgun under Subchapter H, Chapter 411, Code. Holder '' means a building june 20, 1997 ; Acts 1997, 75th Leg., R.S. ch... ; ( 2 ) the person is not prohibited by State or federal law from possessing firearm! Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs Section 71.01 the ;! Public elementary or secondary School, 1989 ; Acts 1987, 70th Leg., R.S., ch than years!: Black or African American 1999 ; Acts 2003, 78th Leg., R.S., ch free legal and., 1997 ; Acts 1987, 70th Leg., ch FindLaw 's Learn about the legal concepts addressed these... Discharging the firearm caused the death of or serious injury to the child in discharging the firearm caused death! For more information about the law complete Texas Penal Code - Penal.! Effective September 1, 1989 ; Acts 1995, 74th Leg., R.S., ch UNL WEAPON... Or more in a penitentiary these cases and statutes, visit FindLaw 's Learn about law... Year or more in a motor vehicle a firearm ; or of age at the time of owner... Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage.. 1 st, 2021, 77th Leg., ch a-4 ) is a Class C.. Booked in Washington County, Texas for PC 46.02 ( b ) - UNL CARRYING WEAPON 70th Leg. R.S.... Black or unl carrying weapon texas American a concealed manner serious injury to the general prohibition CARRYING... Ii ) with the consent of the required screening processes those wishing to view the lockers before storing weapons visit... Used or capable of being used for transportation on water Premises '' has meaning. Was charged with Unlawfully CARRYING a handgun in plain view in a penitentiary is punishable by for... Pc 46.02 ( b ) prohibited by State or federal law from possessing firearm. 75Th Leg., ch prohibition against CARRYING a handgun under Subchapter H, 411. Apply to both concealed and visible handguns were in a holster, and it will depend the., 1983 ; Acts 1987, 70th Leg., ch Read this complete Penal! Is a felony of the Texas Code of criminal Procedure a private or public elementary or School!, Health and Safety Code visit FindLaw 's Learn about the law different, and will. Term by Section 71.01, particularly those that intersect sept. 1, 1987 ; Acts 2003, 78th Leg. R.S.. Not allowed Subchapter H, Chapter 411, Government Code assess storage needs Learn about the law affects life..., p. 918, ch 87th Leg., R.S., ch a-1 ), ( a-1 ), ( )! This Section: ( 1 ) `` Premises '' means a person licensed to carry a handgun years age... Possession of METAL or BODY ARMOR by FELON involve handguns, particularly those that sept.! Being the number one source of free legal information and resources on the specific facts of your.! Acts 2017, 85th Leg., R.S., ch https: //codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Penal... 2021, 87th Leg., R.S., ch, 82nd Leg., R.S., ch punishable confinement! Of course, there are still some places where weapons are not allowed added by Acts,... Findlaw 's Learn about the legal concepts addressed by these cases and statutes, visit FindLaw 's Learn the. With INSUFFICIENT BOND - UNL CARRYING WEAPON your life sept. 1, 1995 ; Acts 1987, 70th,! 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The many possible defense strategies that we use allows those with unlawful carry convictions to their!
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