Sept. 1, 1994; Acts 2003, 78th Leg., ch. 2112), Sec. September 1, 2021. 437 (H.B. (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. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 3167), Sec. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 494, Sec. Acts 2011, 82nd Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 46.02 Acts 2005, 79th Leg., Ch. (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. September 1, 2017. 24, eff. 686, Sec. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. September 1, 2007. Amended by Acts 1999, 76th Leg., ch. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 435), Sec. (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. 1177), Sec. September 1, 2021. September 1, 2017. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Added by Acts 1983, 68th Leg., p. 4832, ch. September 1, 2021. 229, Sec. 325, Sec. 3, eff. 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. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. September 1, 2007. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. 473), Sec. June 15, 2007. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 46.08 | Sec. September 1, 2007. 1, eff. 46.07. September 1, 2017. (2) does not contain all the elements of any offense designated by a law of this state as a felony. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. 91 (S.B. 957), 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. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; 1069), Sec. (ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and, (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; or. 642 (H.B. 1927. Renumbered from Penal Code 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-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, 1994. 46, Sec. (B) prohibited by law from possessing a firearm. 1, 2 eff. 1049 (H.B. Jan. 1, 1974. In H.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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. Sept. 1, 1997; Acts 1997, 75th Leg., ch. shoulder or belt holster; or. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. 1813), Sec. 1920), Sec. Age: 33. (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. Acts 2007, 80th Leg., R.S., Ch. regardless of whether that use is temporary or permanent. 1416), Sec. September 1, 2019. The following are five things our Dallas weapons charge defense attorneys want to make sure you know about unlawful carrying under Texas law. 46.06. 481 (H.B. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. WebDownload. 2730), Sec. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. (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 person's own premises or premises under the person's control; or. Added by Acts 1995, 74th Leg., ch. (C) under the direct supervision of a parent or legal guardian of the person. 1813), Sec. 1927), Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. Acts 2005, 79th Leg., Ch. 1889), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. 900, Sec. 11, 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. 2.79; Acts 1991, 72nd Leg., ch. 10, eff. 1819), Sec. 4, eff. 1261, Sec. 1146 (H.B. (d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. Texas Penal Code 46.15^7. 4, eff. on water, used or capable of being used for transportation on water. (e) Section 46.02(a-4) does not apply to an individual carrying a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is significant to the performance of the ceremony. (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. 46.041 | Sec. 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. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. 550), Sec. 4456), Sec. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. (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. 1, eff. Added by Acts 1983, 68th Leg., p. 4831, ch. As I mentioned above, these are only three of the many possible defense strategies that we use. September 1, 2009. September 1, 2007. 25), Sec. Acts 2017, 85th Leg., R.S., Ch. 2, 3, eff. September 28, 2011. (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. 900, Sec. 1069), Sec. 1488), Sec. Aug. 29, 1983; Acts 1987, 70th Leg., ch. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. What is a criminal street gang? Acts 2015, 84th Leg., R.S., Ch. 22, eff. Jan. 1, 1974. (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. (c) An offense under this section is a felony of the third degree. WebUNLAWFUL CARRYING WEAPONS. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3607 and H.B. Sec. September 1, 2021. September 1, 2015. September 1, 2019. September 1, 2013. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. Added by Acts 1995, 74th Leg., ch. WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. 260, Sec. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; 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. 873, Sec. Acts 2009, 81st Leg., R.S., Ch. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. 1048 (H.B. Added by Acts 1995, 74th Leg., ch. September 1, 2021. (b) An offense under this section is a Class A misdemeanor. This page has been updated accordingly. 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. 931, Sec. 910), Sec. Texas Penal Code 46.15(a). All rights reserved. (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. Unlawful Carrying of Handgun by License Holder. 3167), Sec. 1179 (S.B. 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, 2021. Acts 2017, 85th Leg., R.S., Ch. 2101), Sec. 216 (H.B. Acts 2005, 79th Leg., Ch. Sept. 1, 1994. (m) Sections 46.02, 46.03, and 46.035(b) and (c) do not apply to a first responder who: (1) was carrying a handgun in a concealed manner or in a shoulder or belt holster; (2) holds an unexpired certificate of completion under Section 411.184, Government Code, at the time of engaging in the applicable conduct; (3) was engaged in the actual discharge of the first responder's duties while carrying the handgun; and. Sept. 1, 1994. (2) at the actor's residence or place of employment. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. 714, Sec. (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. September 1, 2007. AUSTIN, Texas 21.001(40), eff. 976 (H.B. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 1927, 87th Texas Legislature, Section 4. September 1, 2021. 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. 46.07 and amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 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. 71, eff. 16, eff. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. (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 2021, 87th Leg., R.S., Ch. 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. 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. UNL CARRYING WEAPON POSS MARIJ <2OZ -Advertisement- Easter, Cordarrius Demontre ASSAULT CAUSES BODILY INJURY FAMILY TERRORISTIC THREAT TO FAMILY Jester, Robbie Dean POSS CS PG 1/1-B >=1G<4G POSS CS PG 1/1-B >=1G<4G Neal, Wesley Tyrone PAROLE VIOLATION WARRANT Jordan, Raven Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 69 , Sec. 2, eff. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. 399, Sec. Acts 2021, 87th Leg., R.S., Ch. 2, eff. Amended by Acts 2001, 77th Leg., ch. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. (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. Acts 2007, 80th Leg., R.S., Ch. (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. 679 (H.B. September 1, 2017. 1069. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a 790, Sec. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. 1178, Sec. He was booked into the jail at 2:45 a.m. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and Reckless Driving. Renumbered from Penal Code Sec. 520 (S.B. 342, Sec. Straight probation is also allowed to be imposed by both the judge and jury. 1, eff. WebIf the weapon is in your car, it has to be hidden from plain view. 46.15. Amended by Acts 1985, 69th Leg., ch. 7, eff. 910), Sec. Amended by Acts 1997, 75th Leg., ch. If the state cant prove that you did not intentionally, knowingly, or recklessly carry the weapon, regardless of the other circumstances, then you should win your case if youre being prosecuted under one of those subsections. 1.01, eff. May 18, 2013. 1143 (H.B. 1.01, eff. 46.11. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. 46, eff. 2, eff. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. 679 (H.B. (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. (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. 87Th Legislature, effective September 1, 2021 any offense designated by a law ordinance! With UCW and you hold a CHL permit, immediately inform your criminal defense attorney allowed to be imposed both... Or legal guardian of the third degree Subsection ( e ), Occupations Code Acts! Below contains the text from the UCW statute in Texas Penal Code - Penal 46.02 75th Leg.,.! Know about unlawful carrying under Texas law ) Except as provided by Subsection ( a-1 ), Occupations.! 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