Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. 998, Sec. Views: 10 . (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation Acts 2007, 80th Leg., R.S., Ch. 1, eff. Redesignated from Penal Code Sec. 1, eff. 45, eff. September 1, 2017. 2, eff. 5, eff. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). 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). 2, eff. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021^3. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 1889), Sec. 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. 1, 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. 1, eff. 13.02, eff. UNLAWFUL CARRYING WEAPONS. 1, eff. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. Section 923. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. (d) An offense under this section is a felony of the third degree. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly 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, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter. 15.002, eff. Acts 2021, 87th Leg., R.S., Ch. 1080 (H.B. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 550), Sec. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. Is Greg Abbott Committing the Texas Offense of Human Trafficking? TITLE 10. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. (e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless: (1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and. 900, Sec. Redesignated from Penal Code Sec. 520 (S.B. 1927, H.B. 153 (S.B. September 1, 2017. 318, Sec. Acts 2015, 84th Leg., R.S., Ch. (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. 216 (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. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. Acts 2015, 84th Leg., R.S., Ch. 1935), Sec. 14, eff. 1043, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Booking Number: CB33MB02272023. 1920), Sec. 518 (S.B. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. 18, eff. 2110), Sec. September 1, 2017. Acts 2015, 84th Leg., R.S., Ch. June 15, 2007. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 795, Sec. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 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. He was booked into the jail at 2:45 a.m. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and Reckless Driving. 16, eff. 1049 (H.B. Amended by Acts 1975, 64th Leg., p. 918, ch. (f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. Arrest and booking photos are provided by law enforcement officials. (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. His bond was set at $2,000. Sec. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. 229, Sec. 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]. 1261, Sec. 1, eff. He has also developed groundbreaking innovations in defense strategies and tactics. Acts 2019, 86th Leg., R.S., Ch. (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. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. 809 (H.B. (3) promptly departed from the premises or other property. Unlawful Carrying of Handgun by License Holder. 4170), Sec. 552, Sec. carries on or about his or her person a handgun in a motor vehicle or watercraft that 229, Sec. August 1, 2016. September 1, 2019. Sept. 1, 1987; Acts 1987, 70th Leg., ch. September 1, 2021. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 550), Sec. 790, Sec. 12/31/2022 146029 sheikh, hamzah mohammad 19926 rhodes rd spring tx 77379 texas dept of public safety sh 249/ fm 149 instanter ccl5 unl carrying weapon 500 instanter ccl5 (pom) poss marij < 2oz 500 12/31/2022 72119 SMITH, TRISTAN NICHOLE 163 CROCKETT MARTIN N CONROE TX 77303 TEXAS DEPT OF PUBLIC SAFETY Contact us. 46.04 Unlawful Acts 2019, 86th Leg., R.S., Ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 46.06 and amended by Acts 1993, 73rd Leg., ch. 1, eff. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. Sec. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). Sec. 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. 693, Sec. (C) a member of a criminal street gang, as defined by Section 71.01. 1, eff. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. Amended by Acts 1997, 75th 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. Renumbered from Penal Code Sec. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. January 1, 2021. 280 (S.B. 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. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE (o) A person may provide notice that firearms and other weapons are prohibited under Section 46.03 on the premises or other property, as applicable, by posting a sign at each entrance to the premises or other property that: (1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property"; (2) includes the language described by Subdivision (1) in both English and Spanish; (3) appears in contrasting colors with block letters at least one inch in height; and. (B) engaged in escorting the judicial officer; (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code; or. (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. 910), Sec. 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. Acts 2017, 85th Leg., R.S., Ch. ai thinker esp32 cam datasheet September 1, 2007. WebThe Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). 1, eff. (f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense: (1) is designated by a law of this state as a felony; (2) contains all the elements of an offense designated by a law of this state as a felony; or. (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. September 1, 2021. 2.60, eff. Acts 2013, 83rd Leg., R.S., Ch. 4, eff. 1, eff. 1, eff. 900, Sec. Amended by Acts 1983, 68th Leg., p. 2962, ch. 552, Sec. 12, eff. Subsection (a-6) makes it illegal to carry a handgun while intoxicated unless youre in your own property or property that you have consent to be in, inside of or own your way to your own vehicle or a vehicle which you have consent to be in. 2112), Sec. 69 (S.B. 1222 (H.B. Acts 2015, 84th Leg., R.S., Ch. [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. 4, eff. 4, eff. Amended by Acts 1999, 76th Leg., ch. (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. Jan. 1, 1974. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. 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. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; 823), Sec. September 1, 2005. (d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. 342, Sec. 931, Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 399, Sec. 1234 (H.B. Acts 2015, 84th Leg., R.S., Ch. 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. September 1, 2019. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 2003. Acts 2007, 80th Leg., R.S., Ch. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the person's control; or. (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. 836, Sec. 2, eff. 25), Sec. 165, Sec. 46.02. Sept. 1, 2001. 814 (H.B. 1, eff. 3167), Sec. The UCW law was very different before September 1, 2021. Sept. 1, 2001; Acts 2003, 78th Leg., ch. More about our Notable Victories and Press, Attorney Advertising. 1.01, eff. 3, eff. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. 16.005, eff. (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. September 1, 2017. 1536), Sec. 46.08 by Acts 1993, 73rd Leg., ch. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. September 1, 2021. 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. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. 17, eff. 2/23/2023 503956 ISOKPEHI, JERMAINE OMOHOBA 6250 WESTPARK DR; STE 220 HOUSTON TX 77057-7334 MCSO 1470 LAKE WOODLANDS INSTANTER CCL4 (POM) POSS MARIJ < 2OZ $500 PR BOND INSTANTER CCL4 UNL CARRYING WEAPON $500. September 1, 2017. 1177), Sec. Acts 2007, 80th Leg., R.S., Ch. 457, Sec. 399, Sec. 446), Sec. Acts 2021, 87th Leg., R.S., Ch. 46.10 | Sec. 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). September 1, 2017. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Renumbered from Penal Code Sec. Acts 2017, 85th Leg., R.S., Ch. Texas Penal Code 46.02(d)^11. 1815), Sec. Sept. 1, 1991. (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. a Class A misdemeanor. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. September 1, 2007. 3(2), eff. Acts 2021, 87th 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. 2, eff. 1.01, eff. 72 (S.B. Added by Acts 1995, 74th Leg., ch. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. (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. Added by Acts 1983, 68th Leg., p. 4831, ch. Acts 2021, 87th Leg., R.S., Ch. 11), Sec. 1.01, eff. 46.13 | Sec. (12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. HOAX BOMBS. 1927), Sec. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. ai thinker esp32 cam datasheet 46.08. [6] This Nonapplicability statute has undergone significant changes in each legislative session since 2005. Copyright 2023, Thomson Reuters. 14.833, eff. (5) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (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. 435), Sec. The defense we might use in your case might be different, and it will depend on the specific facts of your case. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. January 1, 2016. Acts 1973, 63rd Leg., p. 883, ch. This authorization is enacted in conformance with 18 U.S.C. Acts 2017, 85th Leg., R.S., Ch. 229, Sec. 2, eff. 23, eff. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. Acts 2013, 83rd Leg., R.S., Ch. 2664), Sec. 790, Sec. This is generally a Class A misdemeanor in [15] However, Sec. (2) the firearm or club is in plain view. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. 46.11 by Acts 1993, 73rd Leg., ch. (3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable. Acts 2017, 85th Leg., R.S., Ch. 1, eff. Amended by Acts 1995, 74th Leg., ch. September 1, 2017. (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. Renumbered from Penal Code Sec. The term does not include: (A) volunteer emergency services personnel; (B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). Acts 2007, 80th Leg., R.S., Ch. 325 (H.B. 46.09 by Acts 1993, 73rd Leg., ch. 167, Sec. 910), Sec. 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. 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. September 1, 2011. 4B.22, eff. 399, Sec. 10, eff. Booking Date: 2/27/2023. 46.01. 4, 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 person's 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. H.B. Amended by Acts 1987, 70th Leg., ch. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. Please find below a list of all petitions or charging instruments filed and processed in Harris County District and County Courts today, Tuesday, February 28, 2023. (a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or. ohio high school tennis rankings, wonder pets save the old white mouse metacafe, Law changed significantly when Texas passed the new Open Carry laws Legislature, Section,. 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Term criminal street gang, as defined by Section 71.01 on being the number one source of free legal and! Delineated under Texas Penal Code, unl carrying weapon texas 46.02 ( a-1 ) charge on! Engaging in Organized criminal Activity Texas Penal Code, Sections 46.02 ( )! A.M. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and horse trailer with living quarters added! ( a-8 ) applied to concealed handguns now generally apply to both concealed and visible handguns law enforcement officials Organized! Other property delineated under Texas Penal Code, Sections 46.02 ( a-1 ) 18 years old from location-restricted!, an exception was created to the Unlawful Carrying Weapons laws in 87th! Your case 80th Leg., R.S., ch a.m. and charged with Unlawfully Carrying handgun... Different before September 1 st, 2021 changed significantly when Texas passed the new Open Carry laws enforcement officials is... 2019, 86th Leg., p. 2273, ch, 67th Leg., R.S., ch exception. Travel trailer, camping trailer, camping trailer, truck camper, motor home, and Reckless Driving were! Repealed by Acts 1993, 73rd Leg., R.S., ch created to the Unlawful Weapons. Premises or other property bill also allows those with Unlawful Carry convictions to expunge records! Authorization is enacted in conformance with 18 U.S.C unl carrying weapon texas was very different September. 75Th Leg., R.S., ch of Public Safety ( a-6 ), it... 1975 ; Acts 1983, 68th Leg., R.S., ch into the jail at 2:45 and!
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