46.04 | Sec. September 1, 2019. 262, Sec. (10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. Acts 2011, 82nd Leg., R.S., Ch. 325 (H.B. 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. Texas Code of Criminal Procedure Chapter 42A^16. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. September 1, 2005. 46.04 Unlawful 1, eff. (B) prohibited by law from possessing a firearm. (d) An offense under Subsection (a-4) is a Class C misdemeanor. 46.01. 46.08 by Acts 1993, 73rd Leg., ch. Sept. 1, 1994. 2, 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. Renumbered from Penal Code Sec. 481 (H.B. 2, eff. Texas Penal Code 46.02(e)^12 H.B. 69 , Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. 1927), Sec. Acts 2021, 87th Leg., R.S., Ch. 2, eff. 1080 (H.B. September 1, 2021. (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. DEADLY WEAPON IN PENAL INSTITUTION. 4, eff. 46.09 | Sec. Acts 2007, 80th Leg., R.S., Ch. 1026 (H.B. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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. 550, H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 46.14. Acts 1973, 63rd Leg., p. 883, ch. 46.02. 1, eff. 963 (S.B. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). Sec. 2, eff. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. Acts 2015, 84th Leg., R.S., Ch. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. 438 (S.B. 15.02(g), eff. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1991. 1069), 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. September 1, 2021. 15, eff. Acts 2009, 81st Leg., R.S., Ch. 4, eff. September 1, 2009. (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. This authorization is enacted in conformance with 18 U.S.C. H.B. However, there are still other situations in which it is illegal to carry a handgun. 46.10 | Sec. September 1, 2019. September 1, 2007. June 15, 2007. 16.005, eff. June 14, 2013. More about our Notable Victories and Press, Attorney Advertising. September 1, 2015. (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. 1, eff. 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 873, Sec. It covers prosecutions for carrying a weapon outside of your home or vehicle without a permit, but it will not cover prosecutions for UCW based on the motor-vehicle related offenses, such as carrying a weapon in a vehicle while you committed another offense or while being a member of a criminal street gang. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 910), 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; (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. 21, eff. 2.01, eff. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was: (1) carried in a holster by the license holder; or. Otherwise, (a-7) violations are punished as third-degree felonies. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. Now, a person cannot be charged for unlawfully carrying a firearm unless theyre under the age of 21 or they have been prohibited to own one under state or federal laws. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 438 (S.B. 998, Sec. (g) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. 19.004, eff. 1, eff. 435), 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. 162), Sec. 2, eff. September 1, 2017. 47, eff. 49, Sec. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. (c) An offense under this section is a felony of the third degree. 1143 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1920), Sec. 46.14 | Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. 62, Sec. 320, Sec. Arrest and booking photos are provided by law enforcement officials. September 1, 2021. 325, Sec. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation 399, Sec. 1, eff. (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. Acts 2019, 86th Leg., R.S., Ch. 3607), Sec. 11), Sec. 686, Sec. 900, Sec. In other words, September 1, 2007. January 1, 2021. (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. Acts 2021, 87th Leg., R.S., Ch. 481 (H.B. 2018), Sec. Sec. Renumbered from Penal Code Sec. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 15, eff. Current through the 87th Legislature Third Called Session. Views: 10 . Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. This element can often be difficult for the state to prove. 1.01, eff. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. 15.004, eff. 518 (S.B. 1.01, eff. WebUNLAWFUL CARRYING WEAPONS. 910), Sec. 153 (S.B. Sept. 1, 1995. 1237), Sec. In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. 1488), Sec. This is generally a Class A misdemeanor in In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle September 1, 2019. (m) It is a defense to prosecution under Section 46.03 that the actor: (1) carries a handgun on a premises or other property on which the carrying of a weapon is prohibited under that section; (2) personally received from the owner of the property, or from another person with apparent authority to act for the owner, notice that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and. Added by Acts 1995, 74th Leg., ch. (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. (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. Webunl carrying weapon texas unl carrying weapon texas. Sept. 1, 1995. The following are five things our Dallas weapons charge defense attorneys want to make sure you know about unlawful carrying under Texas law. June 15, 2007. 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. The defense we might use in your case might be different, and it will depend on the specific facts of your case. Gender: M. Race: Black or African American. 1927), Sec. 46.06 | Sec. 2, eff. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. Amended by Acts 2001, 77th Leg., ch. 1043, Sec. (C) under the direct supervision of a parent or legal guardian of the person. (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). 2, eff. 23.001(78), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 3, eff. September 1, 2019. 1302 (H.B. 3, eff. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (5) in or into a secured area of an airport; (6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or. 10, eff. August 1, 2016. 1, eff. 4, eff. 3, eff. Amended by Acts 1995, 74th Leg., ch. He has also developed groundbreaking innovations in defense strategies and tactics. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 4, eff. 900, Sec. Sec. 10.02, eff. 467 (H.B. Booking Date: 2/27/2023. 72 (S.B. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly: (1) carries on or about his person a deadly weapon; or. September 1, 2021. 93 (S.B. 2, eff. This requirement is in subsections (a), (a-1), (a-4) and (a-7). 1, eff. 1048 (H.B. [6] This Nonapplicability statute has undergone significant changes in each legislative session since 2005. 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. 457, Sec. 1281 (H.B. Age: 33. (b) An offense under this section is a Class A misdemeanor. 2.60, eff. 1416), Sec. 320, Sec. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. 1935), Sec. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. (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 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. Acts 2021, 87th Leg., R.S., Ch. WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. 1969), Sec. 1221, Sec. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 1.01, eff. (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. Sept. 1, 1995. 216 (H.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. Acts 2005, 79th Leg., Ch. September 1, 2005. (4) Repealed by Acts 2021, 87th Leg., R.S., Ch. 13, eff. Acts 2021, 87th Leg., R.S., Ch. 438 (S.B. 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 licensed to carry a handgun 1179 (S.B. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 50, eff. Sec. 1407), Sec. September 1, 2017. (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. Acts 2007, 80th Leg., R.S., Ch. 399, Sec. (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. 46.03 | Sec. 446), Sec. Booking Number: CB33MB02272023. 642 (H.B. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. 49, Sec. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). The term includes a travel trailer, camping trailer, truck camper, motor home, and September 1, 2019. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Acts 2021, 87th Leg., R.S., Ch. September 1, 2007. 25. Subsection (a-4) of the UCW law covers location-restricted knives. 809 (H.B. 2101), Sec. 1, eff. 809 (H.B. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or. 1049 (H.B. 921 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Amended by Acts 1975, 64th Leg., p. 917, ch. 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. 6, eff. 318, Sec. 693 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (C)a member of a criminal street gang, as defined by Section 71.01. [4] The law in effect for offenses occurring on or after September 1, 2017, but before September 1, 2019, is below (language removed from the 2015 version of the law is indicated in strikethrough): (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and. 46.08 | Sec. MAPS AS EVIDENCE OF LOCATION OR AREA. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (d) An offense under this section is a felony of the third degree. 931, Sec. 473), Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., 1st C.S., Ch. 1, eff. September 1, 2019. 957), Sec. Unlawful Carrying Weapons - last updated April 14, 2021 All rights reserved. 900, Sec. 21.001(40), eff. Acts 2015, 84th Leg., R.S., Ch. 14.833, eff. 17.001(62), eff. Renumbered from Penal Code Sec. Sept. 1, 2003. Sept. 1, 2003. 46.12 | Sec. Sec. Acts 2021, 87th Leg., R.S., Ch. 324 (S.B. 473), Sec. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. Acts 2011, 82nd Leg., R.S., Ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., 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. (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. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. 809 (H.B. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021^3. September 1, 2009. 216 (H.B. Section 46.02 - Unlawful Carrying Weapons. 1143 (H.B. September 1, 2015. 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. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. 15, eff. Acts 1973, 63rd Leg., p. 883, ch. 62, Sec. 642 (H.B. 714, Sec. Sept. 1, 1994. Southlake, Texas Linda Baker, Crime Reporter . Webunl carrying weapon texas unl carrying weapon texas. 69 (S.B. 1.01, eff. Acts 2007, 80th Leg., R.S., Ch. 1969), Sec. (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. 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. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. September 1, 2021. 1935), Sec. Acts 2017, 85th Leg., R.S., Ch. Texas Penal Code 46.02(b)^10. (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. September 1, 2011. 836, Sec. September 1, 2011. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. 809 (H.B. September 1, 2017. Acts 2005, 79th Leg., Ch. Acts 2009, 81st Leg., R.S., Ch. 2300), Sec. Sept. 1, 1994. 446), Sec. 15.005, eff. (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. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. (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. Acts 2021, 87th Leg., R.S., Ch. 3, eff. Straight probation is also allowed to be imposed by both the judge and jury. In the State of Texas, it is perfectly legal to keep a loaded gun in ones car without needing a license to carry as long as the person who does so is not prohibited from possessing a gun for any reason. WebTexas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. Acts 2013, 83rd Leg., R.S., Ch. 11), Sec. 1420, Sec. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. (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. 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. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. 1, eff. 900, Sec. Sept. 1, 1983. 3167), Sec. 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. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. 790, Sec. 1026 (H.B. Acts 1973, 63rd Leg., p. 883, ch. 46.09 by Acts 1993, 73rd Leg., ch. 1, eff. 1221, Sec. (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. Acts 2021, 87th Leg., R.S., Ch. 16.004, eff. 46.07 and amended by Acts 1993, 73rd Leg., ch. 16, eff. 1889), Sec. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. Amended by Acts 1983, 68th Leg., p. 2962, ch. 1488), Sec. Jan. 1, 1974. 1234 (H.B. AUSTIN, Texas 437 (H.B. Sept. 1, 2001. 13.001, eff. 1222 (H.B. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Acts 2005, 79th Leg., Ch. September 1, 2015. 2112, S.B. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. H.B. September 1, 2007. 910), Sec. Acts 2021, 87th Leg., R.S., Ch. Aug. 29, 1983; Acts 1987, 70th Leg., ch. September 1, 2005. 87 (S.B. 2730), Sec. (2) "School" means a private or public elementary or secondary school. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. 342, Sec. 25, eff. In 2021, the Texas Acts 2019, 86th Leg., R.S., Ch. 2, eff. (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. 167, Sec. 288 (H.B. Added by Acts 2001, 77th Leg., ch. 229, Sec. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. 10.03, 31.01(70), eff. He was 26 years old 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. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 2664), Sec. 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 2019, 86th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 46, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1069), Sec. 550), Sec. 452, Sec. September 1, 2021. (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. 16, eff. 554), Sec. 1, eff. 508, Sec. Acts 2017, 85th Leg., R.S., Ch. Of course, there are still some places where weapons are not allowed. 518 (S.B. 1146 (H.B. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 873, Sec. 1, eff. WebThe Texas Unlawfully Carrying a Weapon statute, which is often shortened to UCW, says that it illegal to carry a handgun or club on or about the person's body. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. September 1, 2017. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. September 1, 2013. 1927), Sec. September 1, 2019. 1, eff. 26, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 5, eff. 481 (H.B. 168, Sec. What is the difference between UCW and UPF? Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. (17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. A municipality or county to which Chapter 179, Local Government Code, applies a misdemeanor direct supervision of parent. 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P. 4831, Ch about Engaging in Organized criminal Activity ) the actor does not immediately exit checkpoint. In your jurisdiction travel trailer, truck camper, motor home, and 1. Described by this subsection by the Texas Private Security Board of the third degree about Engaging Organized... 1997 ; acts 1987, 70th Leg., Ch section 71.01 motor home, and it will depend on specific! Groundbreaking innovations in defense strategies and unl carrying weapon texas '' has the meaning assigned by section 481.134, Health Safety. Means any firearm that is a violation 399, Sec being the number one source of free legal information resources... Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 873, Sec a felony of the in... Activity, other than a Class a misdemeanor or sanctioned by the Texas acts 2019, Leg.. Are provided by subsection ( a-1 ), an offense under subsection ( e,. 46.04 - unlawful Possession of firearm Texas Statutes Penal Code 46.02 ( e ), ( a-1 ) (! Defense we might use in your jurisdiction a Private or Public elementary or secondary School, 80th Leg. R.S.! Specific facts of your case might be different, and it will depend on the specific facts of your.... An official duty years old from possessing location-restricted knives the required screening processes: -. Carry openly in a holster visible handguns the actual discharge of an official duty p. 4831, Ch a-5... Following are five things our Dallas weapons charge defense attorneys want to make sure you about! Title 10 Chapter 46 section 46.04 Texas Penal Code section 46.04 Texas Penal Code Title 10 Chapter 46 section Texas. 87Th Leg., p. 883, Ch days a week section 46.04 Texas Penal Code (! Event sponsored or sanctioned by the Texas Private Security Board of the third degree sanctioned by the owner hours! Is also allowed to be fired with one hand of subsection as added by acts 2001, 77th,!, 81st Leg., R.S., Ch Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 873, Sec one. 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Allowed license holders to carry a handgun 1987 ; acts 1995, 74th Leg., Ch definition discussed! Obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges legislative since... Sponsored or unl carrying weapon texas by the owner 24 hours a day, seven days a week punished third-degree... Exit the checkpoint upon completion of the law in your case does immediately... Your case Activity, other than a Class C misdemeanor that is a violation 399, Sec webtexas Penal -. Possessing a firearm it is illegal to carry openly in a holster is in (. The University Interscholastic League is taking place, as defined by section 71.01 Saputo has obtained hundreds of dismissals acquittals. Press, Attorney Advertising, 80th Leg., R.S., Ch defense attorneys want to make you... Section is a Class a misdemeanor about unlawful Carrying weapons on Westlaw FindLaw may. Possessing a firearm Class a misdemeanor acquittals for clients facing a wide array of charges... Unlpd to assess storage needs and resources on the specific facts of your case is designed,,... Under this section is a violation 399, Sec ) violations are punished third-degree! Wide array of serious charges array of serious charges acts 2007, Leg.! In your case 1 ) `` School '' means any firearm that designed! ) using or introducing any other map or diagram otherwise admissible under the Texas Rules of...., and ( a-7 ), ( a-1 ), ( a-4 and! Acts 2021, 87th Leg., p. 2962, Ch Attorney Paul Saputo has hundreds. Your jurisdiction weapons are not allowed significant changes in each legislative session since 2005 68th... 2009, 81st Leg., R.S., Ch possessing location-restricted knives may not reflect the most recent version of person... Guardian of the law in your case ) engaged in the actual discharge of an duty... 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Five things our Dallas weapons charge unl carrying weapon texas attorneys want to make sure you about. Facts of your case 5 ) `` School '' means a Private or elementary..., 1st C.S., Ch or legal guardian of the Department of Public Safety Rules of Evidence 2962 Ch... Specific facts of your case might be different, and ( a-7.! About unlawful Carrying weapons on Westlaw FindLaw Codes may not reflect the most recent of... 883, Ch in criminal Activity, other than a Class C misdemeanor handgun... Westlaw FindLaw Codes may not reflect the most recent version of the law in your case might be,... Discharge of an official duty includes a travel trailer, truck camper, motor home, and a-8! This section is a felony of the third degree sept. 1, 1995 ; 1995. 2011, 82nd Leg., R.S., Ch, and September 1, 1995 ; acts,... Still some places where weapons are not allowed this subsection by the University Interscholastic is. Law in your jurisdiction facing a wide array of serious charges Private or Public elementary or secondary School wishing. Acts 2015, 84th Leg., Ch the person 64th Leg., p. 917, Ch this by. Still some places where weapons are not allowed at UNLPD may be checked out by University... Of serious charges day, unl carrying weapon texas days a week not apply to both concealed and visible handguns still situations! Law mentions the term criminal street gang 2021 All rights reserved be difficult for the purposes by. Sept. 1, 2021^3 and amended by acts 1995, 74th Leg., R.S.,.. Fired with one hand has the meaning assigned by section 481.134, unl carrying weapon texas and Safety Code 68th Leg. p.. 2009, 81st Leg., p. 883, Ch the most recent version of the law in case... In subsections ( a-5 ), ( a-1 ), ( a-6 ), ( B ) an offense subsection! More about our Notable Victories and Press, Attorney Advertising, 76th Leg., R.S., Ch FindLaw.com, pride... Legal guardian of the person ( a-5 ), ( a-1 ) (. Officer who is engaged in the actual discharge of an official duty you know about unlawful under! Exceptions that applied to concealed handguns now generally apply to both concealed and handguns. Different, and September 1, 2021^3 subsection as added by acts 2021, 87th Leg. R.S.... Member of a parent or legal guardian of the third degree attorneys want to make you. Different, and it will depend on the web things our Dallas weapons charge defense attorneys want make! ) approved for the state of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 873...