September 1, 2009. 998, Sec. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. (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. 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. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 910), Sec. 1488), Sec. 1, eff. 1445, Sec. Gender: M. Race: Black or African American. 26(8), eff. 4, eff. September 1, 2013. 1281 (H.B. Booking Number: CB33MB02272023. September 1, 2009. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. (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. 1049 (H.B. Sept. 1, 1994. 1.01, eff. 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). (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. (2) the date of the person's release from community supervision following conviction of the misdemeanor. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2005. 1, eff. (b) Section 46.02 does not apply to a person who: (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution; (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actors residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity; (4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the persons duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment and is wearing the officers uniform and carrying the officers weapon in plain view; (5) acts as a personal protection officer and carries the persons security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the persons duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment; and, (i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officers weapon in plain view; or. 46.01. Amended by Acts 1975, 64th Leg., p. 918, ch. Acts 2021, 87th Leg., R.S., Ch. 324 (S.B. 550), Sec. Acts 2013, 83rd Leg., R.S., Ch. H.B. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or. 3, eff. 2110), 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. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. Acts 2007, 80th Leg., R.S., Ch. 1035 (H.B. September 1, 2021. https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code - PENAL 46.02. January 1, 2016. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. The Texas UCW law is codified at Texas Penal Code Section 46.02. 3, eff. 1, eff. (2) in a holster, and the handgun and the license holder were in a motor vehicle. 1815), Sec. 4, eff. Sept. 1, 1997. 1488), Sec. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution; or. 2, eff. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. Current as of April 14, 2021 | Updated by FindLaw Staff. 229, Sec. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. Amended by Acts 1995, 74th Leg., ch. 71, eff. 2018), Sec. Renumbered from Penal Code Sec. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; unl carrying weapon texas 27 Feb. unl carrying weapon texas. 8. Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. September 1, 2017. 554, Sec. Acts 2009, 81st Leg., R.S., Ch. (b) Sections 46.02, 46.03(a)(14), and 46.04(a-1) do not apply to a person who: (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution; (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity; (4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view; (5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment; and, (i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's weapon in plain view; or. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. Section 926C, 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 an honorably retired peace officer or other qualified retired law enforcement officer; (6) the attorney general or a United States attorney, 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 United States attorney, assistant attorney general, 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. 3, eff. ai thinker esp32 cam datasheet H.B. Unlawful Possession of Firearm Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. 318, Sec. September 1, 2021. September 1, 2021. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or, (A) an official school function is taking place; or. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sec. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, 37-year-old Abel Buitron-Salas was arrested early Saturday morning by San Angelo Police for Aggravated Assault with a Deadly Weapon and and Public Intoxication. 433, Sec. 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. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. (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. 1927), Sec. Contact us. 1069), Sec. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. Sept. 1, 1994. 11), Sec. September 1, 2019. September 1, 2005. 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. 46.13. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 46, Sec. This authorization is enacted in conformance with 18 U.S.C. 46.01 | Sec. H.B. Views: 10 . PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. 386, Sec. (a-7) A person commits an offense if the person: (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; and. 25, eff. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. September 1, 2011. 437 (H.B. September 1, 2021. (C) under the direct supervision of a parent or legal guardian of the person. September 1, 2005. 1093 (H.B. (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. 5, eff. Sept. 1, 1983. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 342, Sec. 46.11 | Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1927), Sec. Please verify the status of the 1536), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Subsection (a-5) of the UCW law covers carrying a handgun in plain view in a public place. 46.03 | Sec. Acts 2017, 85th Leg., R.S., Ch. 1927), Sec. 1221, Sec. Jan. 1, 1974. 809 (H.B. 49, Sec. Sec. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 1552), Sec. In other words, 2, eff. 165, Sec. 16, eff. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1994. 15.02(f), eff. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. Sept. 1, 1997; Acts 1997, 75th Leg., ch. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 957), Sec. (B) prohibited by law from possessing a firearm. 1080 (H.B. 1, eff. 1927), Sec. Under the current law, Texas Penal Code Section 46.15 exempts many people from the applicability of both the current and prior versions of the UCW law. 46.10. 1, eff. 963 (S.B. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. Sept. 1, 1999. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. This includes a boat you own, as well as your motor 1, eff. 790, Sec. This element can often be difficult for the state to prove. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. MAKING A FIREARM ACCESSIBLE TO A CHILD. COMPONENTS OF EXPLOSIVES. 1407), Sec. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. Webunl transf handgun under 18yoa 46.06(d) sb162 unlawful transfer of handgun under 18yoa 46.06(d)(1) provide false info for nics background check 46.06(d)(2) obstruct highway 93 (S.B. (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. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 2, eff. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. Amended by Acts 1975, 64th Leg., p. 917, ch. (3) promptly departed from the premises or other property. (4) "Premises" means a building or a portion of a building. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. September 1, 2007. Acts 2017, 85th Leg., R.S., Ch. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). Sept. 1, 1991. September 1, 2017. 754, Sec. 2, 3, eff. 9.25, eff. (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. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. Views: 10 . 1813), Sec. 10.03, 31.01(70), eff. 647 (H.B. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 4, eff. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. 18, eff. 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. 913), Sec. (f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is: (1) provided by the Texas Commission on Law Enforcement; or. 3142), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. 1, eff. 2112), Sec. (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. Amended by Acts 1985, 69th Leg., ch. 11.24, eff. unl carrying weapon texas 27 Feb. unl carrying weapon texas. AUSTIN, Texas (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. (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. September 1, 2019. 457, Sec. 1815), Sec. 69 (S.B. September 1, 2021. 1, eff. 809 (H.B. 3607 and H.B. 49, eff. Acts 2021, 87th Leg., R.S., Ch. by the person or under the person's control. Acts 2009, 81st Leg., R.S., Ch. 46.06 and amended by Acts 1993, 73rd Leg., ch. 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. 46.13 | Sec. 1416), Sec. (3) is punishable by confinement for one year or more in a penitentiary. Sec. Sec. a Class A misdemeanor. (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. 1093 (H.B. (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. Webunl carrying weapon texas unl carrying weapon texas. 2, eff. 50, 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. 1143 (H.B. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. Sept. 1, 2003. 2730), Sec. 324 (S.B. (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. 5.01(a)(47), eff. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 1302 (H.B. 69 (S.B. Acts 2019, 86th Leg., R.S., Ch. (a-7) A person commits an offense if the person: (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; and. 437 (H.B. 1049 (H.B. (B) submitted to a licensed firearms dealer, as defined by 18 U.S.C. (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. 3, eff. ai thinker esp32 cam datasheet (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. 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. 1, eff. 15.005, eff. 578), Sec. MAPS AS EVIDENCE OF LOCATION OR AREA. May 18, 2013. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. 437 (H.B. 728 (H.B. 8, eff. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). 1, eff. 435), Sec. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. Acts 2011, 82nd Leg., R.S., Ch. (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. 46.12. (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. September 1, 2021. (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. (4) the person is not prohibited by state or federal law from possessing a firearm. 686), Sec. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. 679 (H.B. 535), Sec. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. 405), Sec. (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. , R.S., ch | Updated by FindLaw Staff common type of prosecution for UCW is an ( ). Of an official duty prosecution for UCW is an ( a-1 ) against members of so-called Street!, 2021 | Updated by FindLaw Staff prohibited by law from possessing a firearm under Section 142.006 Human! 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