1927), Sec. 46.08 by Acts 1993, 73rd Leg., ch. 446), Sec. 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. (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), Sec. 2, eff. Acts 2019, 86th Leg., R.S., Ch. 324 (S.B. 1.01, eff. 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. 5.01(a)(46), eff. (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. Sept. 1, 1995. H.B. Acts 2011, 82nd Leg., R.S., Ch. Section 923. 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). Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 203, Sec. 4, eff. September 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. 26, eff. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the persons control at any time in which: (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or. This element can often be difficult for the state to prove. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. 26, 27, eff. 45, eff. 433, Sec. (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. 411.073 of the Texas Government Code mandates a 2 year waiting period to petition the court for an order of nondisclosure after the successful completion of deferred adjudication probation. 1143 (H.B. Renumbered from Penal Code Sec. TITLE 10. 900, Sec. 809 (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. 325 (H.B. 2101), Sec. 1001 (H.B. 46.15. (4) Repealed by Acts 2021, 87th Leg., R.S., Ch. 1, eff. 2, eff. 1261, Sec. Copyright 2023, Thomson Reuters. 2300), Sec. 1, eff. 23, eff. (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. 960 (H.B. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. (b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence: (2) left the firearm in a place to which the person knew or should have known the child would gain access. 1815), Sec. June 20, 1997; Acts 1997, 75th Leg., ch. 62, Sec. 62, Sec. 2112, S.B. 1049 (H.B. 26(9), eff. June 19, 2009. September 1, 2005. (ii) with the consent of the owner or operator of the vehicle or watercraft. 900, Sec. (2) the firearm or club is in plain view. 2, eff. 2730), Sec. 216 (H.B. 3, eff. 50, eff. It is important to note that this practice is illegal in most states across the nation. September 1, 2021. 435), Sec. 679 (H.B. Jan. 1, 1974. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. 162), Sec. 229, Sec. 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. 47, eff. January 1, 2021. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. Acts 2019, 86th Leg., R.S., Ch. 1126 (H.B. alcoholic beverages. January 1, 2016. Acts 2013, 83rd Leg., R.S., Ch. 10.02, eff. 931, Sec. 3, eff. 852, Sec. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 3607), Sec. 1, eff. 552, Sec. Texas Penal Code 46.02(d)^11. (3) promptly departed from the premises or other property. September 1, 2007. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE 1, eff. 910, 84th Texas Legislature, Section 51, H.B. (e) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or. 15.005, eff. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. 405), Sec. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. May 30, 2009. 1488), Sec. 165, Sec. September 1, 2019. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. 1. (2) the date of the person's release from community supervision following conviction of the misdemeanor. 17.001(62), eff. 1920), Sec. WebRoybal, 82 Wn.2d 577, 512 P.2d 718 (1973), convictions under this statute and under a city ordinance prohibiting the carrying of a concealed pistol were sustained against the claim of double jeopardy. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. 2, eff. (2) "School" means a private or public elementary or secondary school. 318, Sec. 3142), Sec. 1.01, 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. 1, eff. 1420, Sec. ai thinker esp32 cam datasheet 1, eff. 324 (S.B. 72 (S.B. (d)An offense under Subsection (a-4) is a Class C misdemeanor. 1, eff. (2) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. Subsection (a) deals with constitutional carry. Subsection (a) of the current Texas UCW law is as follows: (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 persons own premises or premises under the persons control; or. 1035 (H.B. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. 642 (H.B. 963 (S.B. 2018), Sec. 21.001(40), eff. ^1. Sept. 1, 1995. 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. Acts 2013, 83rd Leg., R.S., Ch. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 435), Sec. Acts 2019, 86th Leg., R.S., Ch. that contains temporary living quarters and is designed to be towed by a motor vehicle. September 1, 2021. 173 (S.B. Webunl carrying weapon texas unl carrying weapon texas. Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. The legislature also changed subsection (a-1) by providing that the plain view rule that prohibits carrying a handgun in plain view in a motor vehicle only applies to people who are under 21 years old, unless the 21-year-old has a license, so long as the handgun is in a holster. Acts 2019, 86th Leg., R.S., Ch. (e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person. (b) An offense under this section is a Class A misdemeanor. 2584), Sec. 1093 (H.B. September 1, 2019. 46.08. September 1, 2007. 1, eff. 46.11. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). HOAX BOMBS. 16, eff. 46.05 and amended by Acts 1993, 73rd Leg., ch. 1.01, eff. 16, eff. September 1, 2007. 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). 2, eff. 679 (H.B. Amended by Acts 1987, 70th Leg., ch. Please find below a list of all petitions or charging instruments filed and processed in Harris County District and County Courts today, Tuesday, February 28, 2023. Sec. 324, 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). (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. 46.04 Unlawful September 1, 2019. (A) reasonably appears to be an explosive or incendiary device; or. 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. His bond was set at $2,000. (b) This section does not apply to an offense under Section 46.03(a)(1). 5, eff. [6] This Nonapplicability statute has undergone significant changes in each legislative session since 2005. September 1, 2021. September 1, 2015. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and 260, Sec. 1, eff. 1069), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. September 1, 2017. In 2021, the Texas Sec. Acts 2015, 84th Leg., R.S., Ch. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited 1063, Sec. WebIf the weapon is in your car, it has to be hidden from plain view. September 1, 2007. (B) prohibited by law from possessing a firearm. 481 (H.B. 4, eff. (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. 1935), Sec. 1, eff. April 1, 2019. In 2019, the 86th Texas Legislature removed clubs from the list of items that were illegal to carry in your car or truck in plain view.[3]. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1445, Sec. 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]. 1221, Sec. 28, eff. (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. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1, eff. (5) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. Acts 2007, 80th Leg., R.S., Ch. 25), Sec. September 1, 2009. 1178, Sec. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. 693 (H.B. WebThe Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). 2.60, eff. (C)under the direct supervision of a parent or legal guardian of the person. 1026 (H.B. (f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. Arrest and booking photos are provided by law enforcement officials. 1.01, eff. [1] It is divided into six parts, each part with its own subsection. 11), Sec. Sept. 1, 1995. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 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. 46.12. September 1, 2015. by the person or under the person's control; or. 535), Sec. 2, eff. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (b) Section 46.02 does 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 actors 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 persons duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment and is wearing the officers uniform and carrying the officers weapon in plain view; (5) acts as a personal protection officer and carries the persons security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the persons duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the persons 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 officers weapon in plain view; or. (C) under the direct supervision of a parent or legal guardian of the person. MAKING A FIREARM ACCESSIBLE TO A CHILD. 1416), Sec. Sec. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. (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 or other qualified retired law enforcement officer, as defined by 18 U.S.C. 342, Sec. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. (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. 23.001(78), eff. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. Southlake, Texas Linda Baker, Crime Reporter . 1093 (H.B. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. 324 (S.B. 1, eff. Webunl carrying weapon texas unl carrying weapon texas. 467 (H.B. 25. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 93 (S.B. Webunl carrying weapon texas unl carrying weapon texas. September 1, 2021. September 1, 2005. 1, eff. (C)a member of a criminal street gang, as defined by Section 71.01. June 15, 2007. 836, Sec. 15, eff. Gender: M. Race: Black or African American. 4, eff. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. 1281 (H.B. 1, eff. (B)inside of or directly en route to a motor vehicle or watercraft that is owned 457, Sec. 593 (S.B. 1177), Sec. 809 (H.B. (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. (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. 216 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (A) on the persons own premises or premises under the persons control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; or. Contact us. 957), Sec. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 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