Sept. 1, 1999. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 2, eff. 435), Sec. Renumbered from Penal Code Sec. September 1, 2009. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. 437 (H.B. 2, eff. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. 467 (H.B. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. Acts 2015, 84th Leg., R.S., Ch. 1407), Sec. Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 809 (H.B. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club 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. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. 1935), Sec. Acts 2005, 79th Leg., Ch. 2225), Sec. September 1, 2019. Added by Acts 1985, 69th Leg., ch. 7, eff. 4, eff. 1813), 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. (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. What is a criminal street gang? (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: (b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility. 203, Sec. TITLE 10. 1214 (H.B. 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. Acts 2015, 84th Leg., R.S., Ch. September 1, 2009. As I mentioned above, these are only three of the many possible defense strategies that we use. 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. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. January 1, 2021. (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). 852, Sec. September 1, 2017. (2) the firearm or club is in plain view. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 1, eff. September 1, 2017. 3, eff. (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. 46.10. (d) An offense under this section is a felony of the third degree. 910, 84th Texas Legislature, Section 51, effective January 1, 2016^14. Amended by Acts 1985, 69th Leg., ch. 836, Sec. Sec. Sept. 1, 1999. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. 399, Sec. Please verify the status of the Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). 3, eff. 1, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 1, 2 eff. 5, eff. 1060, 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. 3(2), eff. 1862), Sec. 963 (S.B. 1, eff. 5, eff. 1049 (H.B. Is Greg Abbott Committing the Texas Offense of Human Trafficking? https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code - PENAL 46.02. 3, eff. Sec. 535), Sec. Acts 2007, 80th Leg., R.S., Ch. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 2, eff. (C)a member of a criminal street gang, as defined by Section 71.01. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. June 15, 2007. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 687 (H.B. 216 (H.B. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. 46.10 by Acts 1993, 73rd Leg., ch. Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. Webunl transf handgun under 18yoa 46.06(d) sb162 unlawful transfer of handgun under 18yoa 46.06(d)(1) provide false info for nics background check 46.06(d)(2) obstruct highway However, there are still other situations in which it is illegal to carry a handgun. 1, eff. (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. (g-2) An offense committed under Subsection (a)(8), (a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A misdemeanor. 2, eff. 42, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 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. 1, eff. (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. (p) Sections 46.03(a)(7), (11), and (13) do not apply if the actor: (1) carries a handgun on the premises or other property, as applicable; (2) holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and. Sec. 957), Sec. 46.041. 4, eff. 437 (H.B. 7, eff. 46.01. Amended by Acts 1975, 64th Leg., p. 917, ch. Acts 2021, 87th Leg., R.S., Ch. (g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1). 2112), Sec. 852, Sec. September 1, 2021. 437 (H.B. Booking Number: CB33MB02272023. (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. Amended by Acts 1975, 64th Leg., p. 109, ch. 26(8), eff. Acts 2017, 85th Leg., R.S., Ch. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. (l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and (a)(4) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 3607), Sec. The following are five things our Dallas weapons charge defense attorneys want to make sure you know about unlawful carrying under Texas law. 342, Sec. 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]. 446), Sec. This element can often be difficult for the state to prove. 693 (H.B. 1, eff. 679 (H.B. (g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height: "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.". 46.13. June 20, 2003. 71, eff. 746, Sec. (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. 2 ) the firearm or club is in plain view county to which Chapter 179, Government! 42A.102 of the complexity of the UCW law covers carrying a handgun intoxicated..., 2019^4 often be difficult for the state to prove plain view law your! 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