In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. Acts 2017, 85th Leg., R.S., Ch. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. 1049 (H.B. Added by Acts 1995, 74th Leg., ch. 5, eff. 1060, Sec. 2584), Sec. September 1, 2007. (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. It is important to note that this practice is illegal in most states across the nation. September 1, 2007. Acts 2017, 85th Leg., R.S., Ch. September 1, 2021. (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. 11), Sec. 518 (S.B. (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 399, Sec. (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. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. 2, eff. 438 (S.B. Acts 2009, 81st Leg., R.S., Ch. 3(1), eff. (j) The provisions of Sections 46.02 and 46.03(a)(7), (a-2), (a-3), and (a-4) do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. 790, Sec. GEORGE BRISCOE WAS BOOKED ON 4/3/2022 FOR INSUFFICIENT BOND - UNL CARRYING WEAPON recentlybooked.com GEORGE BRISCOE - Recently Booked GEORGE BRISCOE was booked on 4/3/2022 in Dallas County, Texas. 2, eff. Gender: M. Race: Black or African American. 2.60, eff. 976 (H.B. Acts 2021, 87th Leg., R.S., Ch. 1, eff. Is Greg Abbott Committing the Texas Offense of Human Trafficking? (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. 1.01, eff. September 1, 2019. 24, eff. This is generally a Class A misdemeanor in Texas Penal Code 46.02(d)^11. September 1, 2017. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. 46.11 by Acts 1993, 73rd Leg., ch. (16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. (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. The term does not include a temporary protective order issued before the court holds a hearing on the matter. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. WebIf the weapon is in your car, it has to be hidden from plain view. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021^3. September 1, 2017. 2.07, eff. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. 1261, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 2, eff. 1, eff. Acts 2019, 86th Leg., R.S., Ch. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. September 1, 2021. (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. 47, eff. Sections 46.02 and 46.03 do not apply to: (1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officers or investigators duties while carrying the weapon; (2) parole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officers duties while carrying the weapon; and. 714, Sec. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. 1261, Sec. (2) the firearm or club is in plain view. ai thinker esp32 cam datasheet (10) a person who is volunteer emergency services personnel if the person is: (A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. 2, eff. (C)a member of a criminal street gang, as defined by Section 71.01. 1, eff. 1, eff. September 1, 2011. September 1, 2019. 1026 (H.B. 1143 (H.B. This includes a boat you own, as well as your motor 1069), Sec. [15] However, Sec. 87 (S.B. 1, eff. Section 922(b)(3)(A). 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE (4) "Premises" means a building or a portion of a building. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. 520 (S.B. PDF. 318, 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. (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. (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. 4, eff. Acts 2017, 85th Leg., R.S., Ch. 46.05 | Sec. Amended by Acts 1997, 75th Leg., ch. (4) occurred during a time when the actor was engaged in an agricultural enterprise. January 1, 2016. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is: (1) provided by the Texas Commission on Law Enforcement; or. (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. (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. Current through the 87th Legislature Third Called Session. 1815), Sec. 2, eff. 46.08. Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, Section 46.15(d) exempts a public security officer employed by the adjutant general from prohibitions on the carrying of a firearm, Section 46.15(e) exempts the carrying of a bowie knife or sword in a historical demonstration or in a ceremony (and beginning September 1, 2017, pursuant to H.B. September 1, 2017. 46.01. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 1. 520 (S.B. September 1, 2007. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. (d) An offense under Subsection (a-4) is a Class C misdemeanor. 642 (H.B. 1, eff. (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). 913), Sec. Sept. 1, 1995. 46.04. 1, eff. Acts 2015, 84th Leg., R.S., Ch. September 1, 2005. 794 (S.B. 642 (H.B. 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. (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. 686, Sec. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. 2, eff. 1.01, eff. (B) submitted to a licensed firearms dealer, as defined by 18 U.S.C. 1, eff. 1, eff. MAPS AS EVIDENCE OF LOCATION OR AREA. 1049 (H.B. 1199 (H.B. 931, Sec. (e) An offense under Subsection (a) is a felony of the third degree. (b) An offense under this section is a felony of the third degree. 342, Sec. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Sept. 1, 1994. September 1, 2019. 23, eff. 1.01, eff. 79), Sec. by the person or under the person's control; or. 1, eff. September 1, 2021. 10.02, eff. Section 46.02 - Unlawful Carrying Weapons. 2.01, eff. 1214 (H.B. Southlake, Texas Linda Baker, Crime Reporter . (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. September 1, 2019. WebDownload. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. 71, eff. Acts 2005, 79th Leg., Ch. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (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. 10.04, eff. 1143 (H.B. 12, eff. 3, eff. Acts 2021, 87th Leg., R.S., Ch. First, House Bill 910 amended subsection (a-1)(1) of the UCW law by adding 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 as an exception to the plain view type of UCW violation.[12]. 25, eff. 1, eff. 809 (H.B. 446), Sec. 679 (H.B. 1, eff. 273), Sec. 22, eff. Of course, there are still some places where weapons are not allowed. 1048 (H.B. (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. FIREARM SMUGGLING. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 446), Sec. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 2, eff. 16.004, eff. 23.001(78), eff. 550), Sec. 3, eff. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. 1920), Sec. 2, eff. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. [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. 167, Sec. 37-year-old Abel Buitron-Salas was arrested early Saturday morning by San Angelo Police for Aggravated Assault with a Deadly Weapon and and Public Intoxication. 1, eff. 1069), Sec. September 1, 2005. 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. Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 1193, Sec. Sec. Sept. 1, 1991. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. September 1, 2005. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 2, eff. 3, eff. 1536), Sec. September 1, 2021. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1.01, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 550), Sec. 4, eff. 4, eff. This page has been updated accordingly. The new state law allowing the unlicensed carrying of handguns does not mean anyone can go anywhere in Texas with a pistol on the hip. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 1, eff. 1221, Sec. 1, eff. Acts 2005, 79th Leg., Ch. (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. 1049 (H.B. 15.02(f), eff. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. 1178, Sec. [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. (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; (6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor; or. 1935), Sec. (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. September 1, 2017. 1063, Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the 173 (S.B. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. CCH Conviction counts based on CDN 1, eff. 1927), Sec. 2110), Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 153 (S.B. 342, Sec. He was 26 years old 1488), Sec. Acts 1973, 63rd Leg., p. 883, ch. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. 25. 62, Sec. DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. (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. 46, Sec. 46.14. Acts 2017, 85th Leg., R.S., Ch. Gender: M. Race: Black or African American. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1969), Sec. unl carrying weapon texas 27 Feb. unl carrying weapon texas. (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. 754, 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. 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. 216 (H.B. May 30, 1995; Acts 1995, 74th Leg., ch. (9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. 1813), Sec. The defense we might use in your case might be different, and it will depend on the specific facts of your case. Renumbered from Penal Code Sec. (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. May 18, 2013. H.B. Redesignated from Penal Code Sec. September 1, 2013. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. 2300), Sec. 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). [16] This is, unfortunately, a narrow category of UCW violations. 1, eff. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. September 1, 2021. 14.833, eff. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. Sept. 1, 1983. 1217 (S.B. 1927), Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 165, Sec. 46.10. 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. September 1, 2021. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. 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). (c)An offense under this section is a felony of the third degree if the offense is Aug. 26, 1991; Acts 1991, 72nd Leg., ch. unl carrying weapon texas 27 Feb. unl carrying weapon texas. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 3(2), eff. 1.01, eff. 1, eff. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. Acts 2015, 84th Leg., R.S., Ch. 46.09 | Sec. (a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. Texas Penal Code 46.15^7. 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