(2) possesses or conceals a deadly weapon in the penal institution. 318, Sec. 437 (H.B. September 1, 2021. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 46.09 by Acts 1993, 73rd Leg., ch. (d) An offense under this section is a felony of the third degree. 1, eff. September 1, 2017. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. Acts 2017, 85th Leg., R.S., Ch. 49, Sec. 17.001(62), 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. Acts 2005, 79th Leg., Ch. 790, Sec. 22, eff. 46.12. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. (g-2) An offense committed under Subsection (a)(8), (a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A misdemeanor. 1, eff. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. 34 (S.B. September 1, 2013. Acts 2019, 86th Leg., R.S., Ch. 165, Sec. September 1, 2021. Stay up-to-date with how the law affects your life. Acts 2013, 83rd Leg., R.S., Ch. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. 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]. You may be able to get your UCW case dismissed. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. 1889), Sec. Age: 33. 25), Sec. 216 (H.B. 852, Sec. September 1, 2005. Unlawful Carrying Weapons - last updated April 14, 2021 Acts 2007, 80th Leg., R.S., Ch. (e) An offense under Subsection (a) is a felony of the third degree. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 473), Sec. (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. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. 26(10), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 809 (H.B. Sept. 1, 1995. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 1179 (S.B. September 1, 2021. 25, eff. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; September 1, 2021. September 1, 2021. 446), Sec. (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. (9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. September 1, 2005. September 1, 2009. 26, 27, eff. 1935, the 85th Texas Legislature amended the UCW law with the passage of HB 1935 by (1) removing illegal knives from regulation under the UCW law and (2) creating a new subsection (a-4) that regulates the possession of Location-restricted knives by juveniles and set the offense level for this new subsection as a Class C misdemeanor. (d)An offense under Subsection (a-4) is a Class C misdemeanor. Acts 2021, 87th Leg., R.S., Ch. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; by the person or under the person's control; or. (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. 3.20, eff. January 1, 2016. 2, eff. Acts 2019, 86th Leg., R.S., Ch. that contains temporary living quarters and is designed to be towed by a motor vehicle. 46.035 | Sec. 1, eff. September 1, 2021. The following are five things our Dallas weapons charge defense attorneys want to make sure you know about unlawful carrying under Texas law. Renumbered from Penal Code Sec. 8. 24, eff. Acts 2011, 82nd Leg., R.S., Ch. 3167), Sec. 1, 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. 15.02(f), eff. Sept. 1, 1994. September 1, 2017. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 437 (H.B. Acts 2019, 86th Leg., R.S., Ch. 1927, 87th Texas Legislature, Section 4. (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. 26(9), eff. Acts 2015, 84th Leg., R.S., Ch. 13.001, eff. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. 910), Sec. 16, eff. 446), Sec. January 1, 2016. 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. September 1, 2021. 1193, Sec. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. 446), Sec. 998, Sec. 69 , Sec. (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. 2, eff. 809 (H.B. 42, eff. 1935, this exemption will be extended to all location-restricted knives), Section 46.15(j) exempts people who carry a handgun in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission, Consistently recognized by Super Lawyers, Consistently recognized by D Magazine in Best Lawyers for Criminal Defense. 469 (H.B. 3, eff. (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. September 1, 2021. The Texas UCW law is codified at Texas Penal Code Section 46.02. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. 679 (H.B. Gender: M. Race: Black or African American. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or. 552, Sec. Acts 2007, 80th Leg., R.S., Ch. 900, Sec. 814 (H.B. 324, Sec. 5.01(a)(47), eff. ai thinker esp32 cam datasheet (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. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. Acts 2021, 87th Leg., R.S., Ch. 910, 84th Texas Legislature, Section 51, H.B. 320, Sec. September 1, 2017. 910), Sec. H.B. 4, eff. 1063, Sec. 1815), Sec. 1221, Sec. 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. 1.01, eff. WebUNLAWFUL CARRYING WEAPONS. 1, eff. 921 (H.B. Is Greg Abbott Committing the Texas Offense of Human Trafficking? 452, Sec. 15, eff. (n) The defense provided by Subsection (m) does not apply if: (1) a sign described by Subsection (o) was posted prominently at each entrance to the premises or other property, as applicable; or. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 1069), 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; and, (A) on the persons own premises or premises under the persons control; or. (3) promptly departed from the premises or other property. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Webunl carrying weapon texas unl carrying weapon texas. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, Section 46.15(d) exempts a public security officer employed by the adjutant general from prohibitions on the carrying of a firearm, Section 46.15(e) exempts the carrying of a bowie knife or sword in a historical demonstration or in a ceremony (and beginning September 1, 2017, pursuant to H.B. 262, Sec. (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. a Class A misdemeanor. (2) possesses or carries an instrument used specifically for deterring an animal bite while the officer is: (B) traveling to or from a place of duty. Acts 2017, 85th Leg., R.S., Ch. (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. 3607 and H.B. 1, eff. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. September 1, 2019. 173 (S.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. 1071, Sec. (ii) with the consent of the owner or operator of the vehicle or watercraft. UNLAWFUL CARRYING WEAPONS. 3, eff. 21, eff. September 1, 2019. 4, eff. 2, eff. Sept. 1, 1995. If you are arrested for a DWI and you have a handgun in your car, you could be faced with a UCW arrest under (a-1). (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. Acts 1973, 63rd Leg., p. 883, ch. 976 (H.B. 3, eff. 1, eff. 2.60, eff. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. 10.02, eff. (b) This section does not apply to an offense under Section 46.03(a)(1). regardless of whether that use is temporary or permanent. 852, Sec. 1069), Sec. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 900, Sec. Acts 2011, 82nd Leg., 1st C.S., Ch. 48, eff. 1927), Sec. Amended by Acts 1975, 64th Leg., p. 917, ch. 913), Sec. 554, Sec. (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. unl carrying weapon texas 27 Feb. unl carrying weapon texas. 4, eff. More about our Notable Victories and Press, Attorney Advertising. 9.25, eff. Section 46.02 - Unlawful Carrying Weapons. 900, Sec. In other words, (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. Sept. 1, 1985. 2, eff. 1488), Sec. MAKING A FIREARM ACCESSIBLE TO A CHILD. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 1815), Sec. Acts 2009, 81st Leg., R.S., Ch. 46.09 | Sec. 473), Sec. Keller, Texas Linda Baker, Crime Reporter . 26(8), eff. 83, Sec. The exception regarding carrying in, to, and from your home or vehicle does still apply to the people under 21 and those convicted of the offenses described above. 1935), Sec. 3167), Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2019. 2, eff. Acts 2015, 84th Leg., R.S., Ch. 229, Sec. 11), Sec. 5, eff. 1261, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. COMPONENTS OF EXPLOSIVES. Sec. Added by Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. MAPS AS EVIDENCE OF LOCATION OR AREA. 4, eff. 1815), Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. Sec. Sept. 1, 1999. on water, used or capable of being used for transportation on water. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. 1026 (H.B. 46.06. What is the difference between UCW and UPF? (a-1) A person who is a member of a criminal street gang, as defined by Section 71.01, 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. September 1, 2021. May 18, 2013. 578), Sec. 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