(a-7) A person commits an offense if the person: (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; and. You Do Not Subsection (a-5) of the UCW law covers carrying a handgun in plain view in a public place. Booking Date: 2/27/2023. 69 , Sec. (7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. (3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means. 446), Sec. Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 1143 (H.B. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. (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. 320, Sec. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. 1927, 87th Texas Legislature, Section 4. September 1, 2007. (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. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. Acts 2017, 85th Leg., R.S., Ch. 299 (H.B. 280 (S.B. 4, eff. Acts 2017, 85th Leg., R.S., Ch. (C) under the direct supervision of a parent or legal guardian of the person. January 1, 2016. 550), Sec. 7, eff. 1049 (H.B. 1.01, eff. 1026 (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. 2, 3, eff. 168, Sec. This includes a boat you own, as well as your motor The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1927), Sec. (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. (a-7) A person commits an offense if the person: (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; and. Acts 2007, 80th Leg., R.S., Ch. 1069), Sec. 1488), Sec. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. 216 (H.B. Sept. 1, 1997; Acts 2001, 77th Leg., ch. WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 5, eff. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. September 1, 2011. 153 (S.B. Sec. 437 (H.B. Acts 2021, 87th Leg., R.S., Ch. ^1. Amended by Acts 1995, 74th Leg., ch. (b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree. 13, eff. ARREST DATE: 01/14/2023; CHARGES: 1) DRIVING WHILE INTOXICATED 2ND; 2) UNL CARRYING WEAPON; 3) POSS CS PG 1/1-B<1G; RELEASE REASON: TRANSFERRED TO COUNTY. Acts 2011, 82nd Leg., 1st C.S., Ch. The term does not include: (A) volunteer emergency services personnel; (B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Booking Number: CB33MB02272023. (B) submitted to a licensed firearms dealer, as defined by 18 U.S.C. September 1, 2021. 3, eff. (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. 809 (H.B. 1927), Sec. Acts 2011, 82nd Leg., R.S., Ch. 1303), Sec. 167, Sec. 976 (H.B. TITLE 10. Acts 2019, 86th Leg., R.S., Ch. 931, Sec. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. 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). Acts 2015, 84th Leg., R.S., Ch. 1, eff. 642 (H.B. (d) An offense under Subsection (a-4) is a Class C misdemeanor. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. 438 (S.B. (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. (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. Acts 2009, 81st Leg., R.S., Ch. 1, eff. What is a criminal street gang? 3.20, eff. 1177), Sec. by the person or under the person's control. 1, eff. (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. 1049 (H.B. Booking Date: 2/27/2023. 168, Sec. 2, eff. 508, Sec. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. 1536), Sec. September 1, 2021. (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. 2300), Sec. Sept. 1, 1999. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 754, Sec. 399, Sec. 550), Sec. 1, eff. 1188), Sec. (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. 790, Sec. (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 1, eff. Amended by Acts 1997, 75th Leg., ch. Acts 2005, 79th Leg., Ch. Jan. 1, 1974. Jan. 1, 1974. 1071, Sec. WebDownload. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. 518 (S.B. Acts 2007, 80th Leg., R.S., Ch. Of course, there are still some places where weapons are not allowed. 900, Sec. The term does not include a temporary protective order issued before the court holds a hearing on the matter. 1049 (H.B. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and Sept. 1, 1987; Acts 1989, 71st Leg., ch. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. 2, eff. 1001 (H.B. January 1, 2021. 46.05 and amended by Acts 1993, 73rd Leg., ch. 1935), Sec. 342, Sec. September 1, 2005. 46.10 | Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. June 19, 2009. 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]. Acts 2015, 84th Leg., R.S., Ch. 399, Sec. 1, eff. (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. 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. Sept. 1, 1994. Acts 2009, 81st Leg., R.S., Ch. 1935), Sec. [15] However, Sec. 4B.22, eff. 15.005, eff. committed on any premises licensed or issued a permit by this state for the sale of June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Under the current law, the UCW offense is punished as a Class A Misdemeanor[9] unless its an (a-4) offense (the location-restricted knife offense as described above), in which case it is a Class C Misdemeanor,[10] or its an (a-7) offense, in which case it can be either a second or third degree felony.[11]. 900, Sec. 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. Acts 2007, 80th Leg., R.S., Ch. (2) possesses or carries an instrument used specifically for deterring an animal bite while the officer is: (B) traveling to or from a place of duty. September 1, 2021. 2730), Sec. 714, Sec. 1261, Sec. January 1, 2016. Sept. 1, 1994; Acts 1999, 76th Leg., ch. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 686), Sec. (b) An offense under this section is a felony of the third degree. September 1, 2019. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (a-2) Notwithstanding Section 46.02(a-5), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person: (1) on the premises of an institution of higher education or private or independent institution of higher education; or. 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. 229, Sec. 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. Sec. Acts 2017, 85th Leg., R.S., Ch. Stay up-to-date with how the law affects your life. 1069. Section 923. September 1, 2021. Acts 2017, 85th Leg., R.S., Ch. 1.01, eff. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. Acts 2007, 80th Leg., R.S., Ch. 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. (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a holster, on or about the license holder's person: (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event; (3) on the premises of a correctional facility; (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate; (6) on the premises of a civil commitment facility. 342, Sec. 1935), Sec. 1069), Sec. 229, Sec. 1, eff. 87 (S.B. 49, Sec. 1, eff. 554), Sec. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or. September 1, 2007. 809 (H.B. September 1, 2021. Sept. 1, 1999. (2) the child in discharging the firearm caused the death of or serious injury to the child. Acts 2007, 80th Leg., R.S., Ch. 1, 2 eff. INTERSTATE PURCHASE. 399, Sec. regardless of whether that use is temporary or permanent. unl carrying weapon texas 27 Feb. unl carrying weapon texas. 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. September 1, 2021. 324, Sec. (d) An offense under this section is a Class A misdemeanor, except that: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and. 4B.21, 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. 1060, Sec. Sec. (g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense: (1) is not designated by a law of this state as a felony; and. 1.01, eff. Acts 2013, 83rd Leg., R.S., Ch. 23.001(78), eff. The term does not include a traffic control device that: (A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and. 342, Sec. Sept. 1, 1997. Acts 2019, 86th Leg., R.S., Ch. 1221, Sec. 1920), Sec. 746, Sec. 1, eff. 2300), Sec. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. (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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. But if you win the DWI case, then you should also win the UCW case (so long as there is no other basis for the UCW, like having a felony conviction). Because of the complexity of the law, there are numerous ways to challenge these prosecutions. September 1, 2021. 46.04 | Sec. 46.07. 552, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Straight probation is also allowed to be imposed by both the judge and jury. (a-1)A person commits an offense if the person intentionally, knowingly, or recklessly 1217 (S.B. Acts 2015, 84th Leg., R.S., Ch. 1862), Sec. [1] It is divided into six parts, each part with its own subsection. 1049 (H.B. Sept. 1, 1983. September 1, 2017. Webunl carry handgun lic holder alch prem/cor fac 52030003 pc 46.02(a) unlawful carrying weapon 52030005 pc 46.02(c) unlawful carrying weapon on alcohol premises 3, eff. 679 (H.B. Sept. 1, 1994. 1935), Sec. 46.11 by Acts 1993, 73rd Leg., ch. Acts 2019, 86th Leg., R.S., Ch. (b) This section does not apply to an offense under Section 46.03(a)(1). 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. September 1, 2005. Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. In H.B. 1093 (H.B. 1927), Sec. 1281 (H.B. 790, Sec. Sept. 1, 2001. The defense we might use in your case might be different, and it will depend on the specific facts of your case. 24, eff. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. 1049 (H.B. 3167), Sec. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. 4, eff. 46.11 | Sec. (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. 1488), Sec. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation 550, H.B. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. 1093 (H.B. 873, Sec. 5, eff. Sec. September 1, 2017. 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. on water, used or capable of being used for transportation on water. Added by Acts 2001, 77th Leg., ch. Arrest and booking photos are provided by law enforcement officials. Have you been charged with Unlawful Carrying Weapons (UCW)? 4170), Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 5, eff. You may be able to get your UCW case dismissed. (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. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. 399, Sec. (C) a member of a criminal street gang, as defined by Section 71.01. Acts 2015, 84th Leg., R.S., Ch. Renumbered from Penal Code Sec. (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. Sept. 1, 1991. September 1, 2021. 2, eff. 437 (H.B. 2, eff. Acts 2009, 81st Leg., R.S., Ch. DEADLY WEAPON IN PENAL INSTITUTION. 19.004, eff. Acts 2019, 86th Leg., R.S., Ch. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. 2, eff. 913), Sec. 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