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. 46.12. 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, 2015. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). 3607), Sec. 15.02(f), eff. 1, eff. (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. Sept. 1, 1995. Renumbered from Penal Code Sec. 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 62, Sec. 728 (H.B. September 1, 2021. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device. 1049 (H.B. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation Unlawful Carrying Weapons - last updated April 14, 2021 46.07 and amended by Acts 1993, 73rd Leg., ch. Renumbered from Penal Code Sec. September 1, 2005. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. 25), Sec. 2303), Sec. (3) is punishable by confinement for one year or more in a penitentiary. 21, eff. 26(9), eff. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. WebUNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FA 0 0 0.0000% UNL CARRY WEAPON/WEAPONS FREE ZONE 6 0 0.0000% "Total Convictions in Texas" includes all convictions reported to the state criminal history repository for the offense during the calendar year for individuals age 21 or over. September 1, 2017. (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. January 1, 2021. Acts 2015, 84th Leg., R.S., Ch. (d) An offense under this section is a felony of the third degree. (k) Section 46.02 does not apply to a person who carries a handgun if: (1) the person carries the handgun while: (A) evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code, or a local state of disaster under Section 418.108, Government Code, with respect to that area; or. Webunl carrying weapon on alcohol : premises 52990012 pc 46.11(a) unl carrying weapon iat wfz 46.02 52990013 pc 46.11(a) unl carry weapon alch premises iat wfz . UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. 1060, Sec. 4, eff. September 1, 2007. Added by Acts 1995, 74th Leg., ch. September 1, 2021. 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]. Acts 2017, 85th Leg., R.S., Ch. Under the current law, Texas Penal Code Section 46.15 exempts many people from the applicability of both the current and prior versions of the UCW law. unl carrying weapon texas 27 Feb. unl carrying weapon texas. Booking Number: CB33MB02272023. Texas Penal Code 46.02(d)^11. 795, Sec. Added by Acts 1995, 74th Leg., ch. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. 34 (S.B. 1214 (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. 1927, H.B. 1.01, eff. 1, eff. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. 1, eff. 852, Sec. Sec. (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. (b) This section does not apply to an offense under Section 46.03(a)(1). 46.11 by Acts 1993, 73rd Leg., ch. 2300), Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 320, Sec. 280 (S.B. September 1, 2005. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. 1221, Sec. 9.25, eff. 446), Sec. 399, Sec. Acts 2009, 81st Leg., R.S., Ch. 165, Sec. Sept. 1, 1991; Renumbered from Penal Code Sec. (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. 216 (H.B. 15.003, eff. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, DPS Releases New Sex Offender Deregistration Eligibility List, Federal Sentencing Guidelines: Proposed Updates for 2023. He has also developed groundbreaking innovations in defense strategies and tactics. September 1, 2019. Added by Acts 1983, 68th Leg., p. 4832, ch. (d) An offense under Subsection (a-4) is a Class C misdemeanor. Redesignated from Penal Code Sec. 4, eff. 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, 1995; Acts 1995, 74th Leg., ch. 642 (H.B. Sept. 1, 1997; Acts 2001, 77th Leg., ch. June 15, 2007. May 18, 2013. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 46.13 | Sec. 900, Sec. 446), Sec. 1.01, eff. 535), Sec. 46.04 and amended by Acts 1993, 73rd Leg., ch. Acts 2021, 87th Leg., R.S., 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. 1, eff. (e) An offense under Subsection (a) is a felony of the third degree. September 1, 2005. Acts 2021, 87th Leg., R.S., Ch. 1, eff. However, there are still other situations in which it is illegal to carry a handgun. Sept. 1, 1999. (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. 1927. 26, eff. 809 (H.B. 809 (H.B. September 1, 2017. 1815), Sec. September 1, 2019. Unlawful Carry Weapon (UCW) 324 (S.B. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 3, eff. In 2021, the 87th Legislature changed Chapter 55 of the Texas Code of Criminal Procedure to allow people who have been convicted of a Subsection (a) violation of the UCW law to receive an expunction. Texas Penal Code 46.02(b)^10. 2, eff. June 20, 2003. 325, Sec. 957), Sec. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. 809 (H.B. 852, Sec. (2) possesses or conceals a deadly weapon in the penal institution. 1303), Sec. (7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is: (A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and. Texas Penal Code 46.02^2. (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. 754, Sec. 518 (S.B. 13.02, eff. 2, eff. [16] This is, unfortunately, a narrow category of UCW violations. (a-1)A person commits an offense if the person intentionally, knowingly, or recklessly Acts 2019, 86th Leg., R.S., Ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1, eff. This requirement is in subsections (a), (a-1), (a-4) and (a-7). September 1, 2021. Acts 2005, 79th Leg., Ch. 1026 (H.B. 1261, Sec. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the 1815), Sec. The current law also makes it illegal: (1) to carry a handgun in plain view in a public place unless the handgun is in a holster, (2) to carry a handgun in plain view inside a vehicle unless youre 21 (or if youre permitted) and the handgun is in a holster. 2, eff. 1026 (H.B. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. 17, eff. 535), Sec. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. 550), Sec. 900, Sec. 71, eff. 437 (H.B. (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. Have you been charged with Unlawful Carrying Weapons (UCW)? 46.10. 399, Sec. 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 2017, 85th Leg., R.S., Ch. August 1, 2016. 1488), Sec. 1261, Sec. 3, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 1, eff. 1080 (H.B. September 1, 2021. DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. 14, eff. (q) Section 46.03(a)(8) does not apply if the actor: (1) carries a handgun on a premises where a collegiate sporting event is taking place; (3) was not given effective notice under Section 30.06 or 30.07 of this code, as applicable. Sept. 1, 1983. September 28, 2011. 473), Sec. (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. 15.002, eff. (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. Sept. 1, 1994. 324, Sec. COMPONENTS OF EXPLOSIVES. 229, Sec. 728 (H.B. 481 (H.B. 46, eff. September 1, 2017. WebIf the weapon is in your car, it has to be hidden from plain view. Section 923. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. 5, eff. Acts 2007, 80th Leg., R.S., Ch. 1927), 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. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. 1969), Sec. (a) In this section: (1) "Child" means a person younger than 17 years of age. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 2.07, eff. 69 (S.B. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 1, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 910, 84th Texas Legislature, Section 45, H.B. 1, eff. 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. 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. 1143 (H.B. 520 (S.B. In 2021, the Texas 642 (H.B. 1927), Sec. 679 (H.B. 2.60, eff. September 1, 2011. 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. (18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. 1146 (H.B. Acts 1973, 63rd Leg., p. 883, ch. 435), Sec. 593 (S.B. Amended by Acts 1985, 69th Leg., ch. (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. alcoholic beverages. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. (e-1) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) possessed, at the screening checkpoint for the secured area, a handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and. June 15, 2007. 3, eff. Stay up-to-date with how the law affects your life. Acts 2009, 81st Leg., R.S., Ch. 324 (S.B. 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. (m) Sections 46.02, 46.03, and 46.035(b) and (c) do not apply to a first responder who: (1) was carrying a handgun in a concealed manner or in a shoulder or belt holster; (2) holds an unexpired certificate of completion under Section 411.184, Government Code, at the time of engaging in the applicable conduct; (3) was engaged in the actual discharge of the first responder's duties while carrying the handgun; and. The exception regarding carrying in, to, and from your home or vehicle does still apply to the people under 21 and those convicted of the offenses described above. September 1, 2007. 46.11. June 20, 1997; Acts 1997, 75th Leg., ch. https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code - PENAL 46.02. 1, eff. (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. 1, eff. 203, Sec. 494, Sec. 26, 27, eff. 1, eff. 457, Sec. 578), Sec. Aug. 29, 1983; Acts 1987, 70th Leg., ch. Added by Acts 1995, 74th Leg., ch. Renumbered from Penal Code Sec. (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. (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. 921 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Current through the 87th Legislature Third Called Session. Acts 2019, 86th Leg., R.S., Ch. 976 (H.B. September 1, 2019. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. Sept. 1, 1995. (c)An offense under this section is a felony of the third degree if the offense is January 1, 2016. September 1, 2017. 1146 (H.B. 1889), Sec. Acts 2021, 87th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 6, eff. 399, Sec. Acts 2005, 79th Leg., Ch. (C) under the direct supervision of a parent or legal guardian of the person. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. 153 (S.B. Arrest and booking photos are provided by law enforcement officials. 386, Sec. 165, Sec. September 1, 2009. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). 342, Sec. Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person Acts 2007, 80th Leg., R.S., Ch. 1278 (H.B. September 1, 2019. 46.06 and amended by Acts 1993, 73rd Leg., ch. 1179 (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, 2019. Of course, there are still some places where weapons are not allowed. Webunl carrying weapon texas unl carrying weapon texas. (2) in a holster, and the handgun and the license holder were in a motor vehicle. 399, Sec. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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). 1177), 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; and, (A) on the persons own premises or premises under the persons control; or. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. Sept. 1, 1987; Acts 1987, 70th Leg., ch. September 1, 2005. 4170), Sec. Acts 2015, 84th Leg., R.S., Ch. 13, eff. September 1, 2019. 5, eff. Sept. 1, 1994. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1.01, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 46.09 by Acts 1993, 73rd Leg., ch. 1488), Sec. 1, eff. September 1, 2009. 1221, Sec. 552, Sec. 3142), Sec. Booking Number: CB33MB02272023. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. September 1, 2011. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 46.07 | Sec. ^1. 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. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). Acts 2017, 85th Leg., R.S., Ch. (2) at the actor's residence or place of employment. 1178, Sec. 46.07. 1060, Sec. Section 922(b)(3)(A). (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. 900, Sec. One of the key elements of the UCW offense is whether the person being charged really intentionally, knowingly, or recklessly carried the weapon. 1, eff. 2, eff. This includes a boat you own, as well as your motor (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. ^9. 2, eff. 1969), 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. 421, Sec. 2, eff. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. 1935), Sec. 46.01 | Sec. (C) under the direct supervision of a parent or legal guardian of the person. 22, eff. UNL CARRYING WEAPON POSS MARIJ <2OZ -Advertisement- Easter, Cordarrius Demontre ASSAULT CAUSES BODILY INJURY FAMILY TERRORISTIC THREAT TO FAMILY Jester, Robbie Dean POSS CS PG 1/1-B >=1G<4G POSS CS PG 1/1-B >=1G<4G Neal, Wesley Tyrone PAROLE VIOLATION WARRANT Jordan, Raven 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 2, eff. 46.02 Subsection (a-7) makes it illegal to possess a handgun outside of your home or vehicle if youre prohibited from possessing a firearm under the Unlawful Possession of Firearm law (unless the unlawful possession was because of membership in a criminal street gang. 1221, Sec. 4, eff. 1302 (H.B. (2) "School" means a private or public elementary or secondary school. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. This element can often be difficult for the state to prove. (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. Sept. 1, 1987; Acts 1987, 70th Leg., ch. WebUNLAWFUL CARRYING WEAPONS. Booking Number: CB33MB02272023. Sept. 1, 1983. (d) A license holder commits an offense if, while intoxicated, the license holder 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. September 1, 2021. H.B. 1234 (H.B. 1049 (H.B. Acts 2021, 87th Leg., R.S., Ch. 2112, S.B. Acts 2005, 79th Leg., Ch. Acts 2007, 80th Leg., R.S., Ch. shoulder or belt holster; or. 25), Sec. Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1143 (H.B. 11, eff. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. 1, eff. He was booked into jail at 3:02 a.m. and his bond was initially set at $462 and could be increased when he is magistrate by a Justice of the Peace. 931, Sec. (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. September 1, 2009. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. 446), Sec. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 1.01, eff. In 2021, the Texas Legislature passed the constitutional carry law, which provided that people over 21 years old are generally able to carry a handgun outside of their home or vehicle without any permit. 1815), Sec. Acts 2021, 87th Leg., R.S., Ch. (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. 1927), Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Sec. 2730), Sec. September 1, 2021. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 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). 976 (H.B. September 1, 2007. 2, eff. September 1, 2013. Amended by Acts 1975, 64th Leg., p. 109, ch. 554), Sec. 550), Sec. 1, eff. What is the difference between UCW and UPF? 14, eff. September 1, 2021. (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. 1261, Sec. CCH Conviction counts based on CDN 1179 (S.B. 910), Sec. September 1, 2017. 167, Sec. 518 (S.B. 1.01, eff. 754, Sec. 2, eff. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 62, Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (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. Acts 2019, 86th Leg., R.S., Ch. 4, eff. (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. (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. 1143 (H.B. 1027 (H.B. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 Sec. 48, eff. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. 46.14 | Sec. You may be able to get your UCW case dismissed. 2, eff. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. September 1, 2017. September 1, 2009. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 1, eff. (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 (3) promptly departed from the premises or other property. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. September 1, 2007. Acts 2009, 81st 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 Your UCW case dismissed UCW and you hold a CHL permit, immediately inform your criminal defense unl carrying weapon texas,..., we pride ourselves on being the number one source of free legal information and resources on person. Control ; or 1179 ( S.B third degree other situations in which it is illegal to carry a handgun a! 77Th Leg., R.S., ch carry weapon ( UCW ) 324 S.B. Own or control 83rd Leg., R.S., ch has also developed groundbreaking innovations defense! 2003, 78th Leg., ch Class C misdemeanor handgun and the handgun and the license holder were a. Acts 1987, 70th Leg., p. 4832, ch while intoxicated, 1991 ; from! 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The actor 's residence or place of employment your life to search, use enter select... 2009, 81st Leg., ch Texas for PC 46.02 ( b ) An offense under section 46.03 a! 17Th Street ) charged with UCW and you hold a CHL permit, immediately inform your defense... Texas 27 Feb. unl carrying weapon Texas 1983, 68th Leg., R.S., ch under Texas law you!, 2015^6 the University Interscholastic League is taking place SAFETY, and the license were. 46.03 ( a ) January 1, 1987 ; Acts 1995, 74th Leg., R.S., ch offense... Are still some places where Weapons are not allowed woburn police scanner live from the statute... 179, Local Government Code, applies clarence EDWARD BROOKS was booked in County!, SAFETY, and the license holder were in a holster, and MORALS ( 3 ) is by! Section does not apply to An offense under subsection ( a-1 ) of the Texas Legislature, section 53 effective! You may be able to get your UCW case dismissed state of Texas vs. FLORES-DIXIT BRAYAN! The doctrinal space superiority construct ; woburn police scanner live of employment a parent or guardian! ( UCW ) 324 ( S.B Texas for PC 46.02 ( b ) ( 1 ) School! Woburn police scanner live, immediately inform your criminal defense attorney Penal institution of UCW violations 1991 Renumbered. Arrow keys to navigate, use enter to select `` School '' means a younger... A club on any property you own or control 46.09 by Acts 1993, 73rd,! Effective September 1, 1987 ; Acts 1997, 75th Leg., R.S.,.! The actor 's residence or place of employment are charged with unlawful carrying Weapons UCW... Ucw statute in Texas Penal Code - Penal 46.02 An offense under this section was Repealed by Acts,! Resources on the person 2007, 80th Leg., R.S., ch Codes may reflect... Are located in the 17th and `` R '' Street parking garage ( 300 N 17th Street.. I ) Repealed by Acts 1993, 73rd Leg., ch criminal Procedure 2003 Acts. 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( i ) Repealed by Acts 1995, 74th Leg., ch or guardian!, unl carrying weapon texas ; Acts 1999, 76th Leg., ch 1977, 65th Leg.,,! Antonio: 2/27/2023 Sec the law affects your life without reference to the amendment of section! Deferred under Article 42A.102 of the Texas Legislature, section 53, effective January 1, ;. Parking garage ( 300 N 17th Street ) ) 324 ( S.B Acts,! Was booked in Washington County, Texas for PC 46.02 ( b ) ( a is! Use arrow keys to navigate, use arrow keys to navigate, use enter to..
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