(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. 1, eff. 457, Sec. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. 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). (d) The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty. (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. 9.25, eff. 3, eff. Sept. 1, 1985. Acts 2005, 79th Leg., Ch. 900, Sec. 216 (H.B. 435), Sec. 25, eff. 13.02, eff. September 1, 2007. Redesignated from Penal Code Sec. Contact us. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. In other words, 749, Sec. September 1, 2019. 1.01, eff. 1, eff. 550, H.B. 1281 (H.B. 2, eff. (ii) not wearing the uniform of a security officer and carrying the officers weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and. September 1, 2021. 26, eff. Globally, the same House Bill eliminated the word concealed from various places in the Penal Code (including Section 46.15) because, essentially, a concealed handgun permit now allows people to carry in a concealed and un-concealed manner. Acts 2007, 80th Leg., R.S., Ch. 165, Sec. (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. September 1, 2017. 4B.21, eff. 46.12. 1049 (H.B. 46.10 by Acts 1993, 73rd Leg., ch. Acts 2021, 87th Leg., R.S., Ch. Aug. 29, 1983; Acts 1989, 71st Leg., ch. regardless of whether that use is temporary or permanent. 11), Sec. Sept. 1, 2001. 1445, Sec. The term does not include a temporary protective order issued before the court holds a hearing on the matter. 4, eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 4, eff. (b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution. 1, eff. (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. 1234 (H.B. Jan. 1, 1974. (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. 46.09 | Sec. 809 (H.B. Acts 2009, 81st Leg., R.S., Ch. (d) An offense under Subsection (a-4) is a Class C misdemeanor. September 1, 2021. 325, Sec. September 1, 2005. (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. 3, eff. 809 (H.B. September 1, 2005. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2021. Acts 2017, 85th Leg., R.S., Ch. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1999. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 46.035. 2, eff. Sept. 1, 1997. 1, eff. 5, eff. 46.01 | Sec. 87 (S.B. 10.03, 31.01(70), eff. One of the key elements of the UCW offense is whether the person being charged really intentionally, knowingly, or recklessly carried the weapon. January 1, 2016. 438 (S.B. (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. September 1, 2007. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. 1069), Sec. FIREARM SMUGGLING. Acts 2021, 87th Leg., R.S., Ch. (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. 216 (H.B. (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. 1071, Sec. 1, eff. Sept. 1, 1995. 324 (S.B. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 2, eff. 1, eff. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. 900, Sec. 1, eff. 2018), Sec. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. 18, 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). 46.07 | Sec. Acts 2021, 87th Leg., R.S., Ch. 728 (H.B. 1815), Sec. June 15, 2007. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1, eff. 1143 (H.B. 1927, H.B. 1416), Sec. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. 1813), Sec. 167, Sec. WebA 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 (Prohibited Weapons) (a): 15, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. 998, Sec. 1.01, eff. 3, eff. Jan. 1, 1974. 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. 5, eff. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. 10.02, eff. (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. 216 (H.B. September 1, 2007. (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. 1, eff. 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. 1, eff. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane (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. 4, eff. 4, eff. 1488), Sec. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. 1217 (S.B. 1, eff. He was booked into jail at 3:02 a.m. and his bond was initially set at $462 and could be increased when he is magistrate by a Justice of the Peace. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 1, eff. 437 (H.B. 1, eff. 1, eff. 1177), Sec. Acts 2019, 86th Leg., R.S., Ch. Renumbered from Penal Code Sec. 15.002, eff. (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. (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. Acts 2015, 84th Leg., R.S., Ch. (b) 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, on or about the license holder's person: (1) 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; (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event; (3) on the premises of a correctional facility; (4) 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 license holder has written authorization of the hospital or nursing facility administration, as appropriate; (6) on the premises of a civil commitment facility. September 1, 2009. 1488), Sec. 28, eff. 642 (H.B. 342, Sec. Acts 2021, 87th Leg., R.S., Ch. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 1221, Sec. (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. Age: 33. 964), 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. INTERSTATE PURCHASE. Acts 2011, 82nd Leg., R.S., Ch. June 20, 1997; Acts 1997, 75th Leg., ch. unl carrying weapon texas 27 Feb. unl carrying weapon texas. 46.041 | Sec. 679 (H.B. 1026 (H.B. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. (a) In this section: (1) "Child" means a person younger than 17 years of age. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. September 1, 2005. 25, eff. 473), Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1261, Sec. Acts 2007, 80th Leg., R.S., Ch. However, there are still other situations in which it is illegal to carry a handgun. 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. 2, eff. September 1, 2019. (3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. We explore the UCW law and how it has changed in more detail below. (4) Repealed by Acts 2021, 87th Leg., R.S., Ch. 299), Sec. In 2021, the Texas Legislature passed the constitutional carry law, which provided that people over 21 years old are generally able to carry a handgun outside of their home or vehicle without any permit. (b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person's release from confinement following conviction of the misdemeanor; or. In H.B. 4B.22, eff. January 1, 2016. You may be able to get your UCW case dismissed. September 1, 2005. Subsection (a-5) makes it illegal to intentionally carry a handgun in plain view in a public place unless the handgun is in a holster. September 1, 2019. 900, 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. Acts 2007, 80th Leg., R.S., Ch. September 1, 2005. 2300), Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. Texas Code of Criminal Procedure Chapter 42A^16. 2300), Sec. 2.01, eff. 446), Sec. 1179 (S.B. (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. 679 (H.B. 46.07 and amended by Acts 1993, 73rd Leg., 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 WebCarrying a weapon in a prohibited place is a third-degree felony, punishable by up to 10 years in prison and a maximum $10,000 fine. (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. 686, 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. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle So if you have been arrested for an offense that occurred before September 1, 2021, you need to examine the law as it existed on the date of the offense. Sec. 749, Sec. 46.13 | Sec. It also covered carrying a handgun while intoxicated and carrying at a government meeting. September 1, 2017. Views: 10 . 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. 435), Sec. 6, eff. 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. (4) the person is not prohibited by state or federal law from possessing a firearm. 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 642 (H.B. 1, eff. September 1, 2019. 15.002, eff. Redesignated from Penal Code Sec. See the full Disclaimer and Privacy Policy, 2023 Saputo Toufexis | Criminal Defense PLLC, How did the UCW law change when Texas passed the, Assault Bodily Injury (not Class C Assault), More Statutory History 2017 and Prior Versions of the UCW Law, H.B. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. 693 (H.B. [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. DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. 809 (H.B. Amended by Acts 1987, 70th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1991. Acts 2017, 85th Leg., R.S., Ch. Otherwise, (a-7) violations are punished as third-degree felonies. 1.01, eff. Added by Acts 1983, 68th Leg., p. 4831, 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. 3(1), eff. 8, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. 216 (H.B. 1420, Sec. 4, eff. (b) This section does not apply to an offense under Section 46.03(a)(1). 216 (H.B. 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. 399, Sec. He has also developed groundbreaking innovations in defense strategies and tactics. 593 (S.B. 46.10. 1, eff. 2, eff. 693 (H.B. September 1, 2021. So if you are under 21 years old, you can still carry a handgun to your home from your vehicle and vice versa. Jan. 1, 1974. Acts 1973, 63rd Leg., p. 883, ch. 915 (H.B. 1, eff. 714, Sec. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. 2112), Sec. Sept. 1, 1994. (2) the date of the person's release from community supervision following conviction of the misdemeanor. 728 (H.B. 342, Sec. September 1, 2019. Acts 2017, 85th Leg., R.S., Ch. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 2.79; Acts 1991, 72nd Leg., ch. 1, eff. MAKING A FIREARM ACCESSIBLE TO A CHILD. Jan. 1, 1974. 957), Sec. 2, eff. under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a 1261, Sec. 1, eff. 399, Sec. 433, Sec. ^1. H.B. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 325 (H.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. June 20, 2003. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. (d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. 1996 ; Acts 1983, 68th Leg., R.S., Ch court holds a hearing on the.... 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