[6] This Nonapplicability statute has undergone significant changes in each legislative session since 2005. (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. (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. 2018), Sec. 2, eff. WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. 1027 (H.B. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. (B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. (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. September 1, 2019. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1994. 49, eff. 473), Sec. 1, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Sept. 1, 1994. 4B.21, eff. Booking Number: CB33MB02272023. 1935), Sec. 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. September 1, 2019. 2303), 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). 2.60, eff. 25. September 1, 2017. September 1, 2019. September 1, 2005. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, September 1, 2015. 2, eff. 46.04 | Sec. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. (2) in a holster, and the handgun and the license holder were in a motor vehicle. Amended by Acts 1975, 64th Leg., p. 109, ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 446), Sec. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. 20.002, eff. 2, eff. Acts 2021, 87th Leg., R.S., Ch. 324 (S.B. Acts 2017, 85th Leg., R.S., Ch. 814 (H.B. (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. 1, eff. 481 (H.B. 457, Sec. 46.11. 921 (H.B. Acts 2021, 87th Leg., R.S., Ch. 46.08 | Sec. Sept. 1, 1991. 1278 (H.B. by the person or under the person's control; or. 4, eff. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. This includes a boat you own, as well as your motor 1920), Sec. Booking Number: CB33MB02272023. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. 1261, Sec. Acts 2017, 85th Leg., R.S., Ch. 1.01, eff. Amended by Acts 1975, 64th Leg., p. 918, ch. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle Acts 2021, 87th Leg., R.S., Ch. 550), 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. 1, eff. 913), Sec. 1, eff. (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. 1407), Sec. 15, eff. 1177), Sec. Sec. 1026 (H.B. Acts 2015, 84th Leg., R.S., Ch. Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 46, Sec. Sept. 1, 1994. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and (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). 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. Sept. 1, 1994. WebUNLAWFUL CARRYING WEAPONS. He was 26 years old 1.01, eff. (c)An offense under this section is a felony of the third degree if the offense is Sec. 16, eff. 318, Sec. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation September 1, 2017. 1.01, eff. 1, eff. Gender: M. Race: Black or African American. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. 535), Sec. September 1, 2009. 1, eff. (d) It is a defense to prosecution under Subsection (a)(5) 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: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. 790, Sec. by the person or under the person's control. 17, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, eff. (d) An offense under this section is a felony of the third degree. September 1, 2009. 46.05 | Sec. CCH Conviction counts based on CDN 5, eff. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. Acts 2017, 85th Leg., R.S., Ch. 1935, this exemption will be extended to all location-restricted knives), Section 46.15(j) exempts people who carry a handgun in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission, Consistently recognized by Super Lawyers, Consistently recognized by D Magazine in Best Lawyers for Criminal Defense. (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. 19.004, eff. Acts 2007, 80th Leg., R.S., Ch. 481 (H.B. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person June 19, 2009. 1488), Sec. 46, eff. 1, eff. Acts 2005, 79th Leg., Ch. 1815), Sec. (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. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. (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. Sept. 1, 1994; Acts 1999, 76th Leg., ch. Sept. 1, 1997. 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. Acts 2015, 84th Leg., R.S., Ch. 435), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 910), Sec. (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. Acts 2013, 83rd Leg., R.S., Ch. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. 25), Sec. 714, Sec. (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. 1, eff. 23, Sec. 46.12. DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. 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. (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. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. June 20, 1997; Acts 1997, 75th Leg., 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. 8, eff. 957), Sec. (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. 1, eff. 1, eff. 4, eff. 438 (S.B. 435), Sec. In summary, the open carry law made it no longer a crime for a CHL or CCL (that is, a holder of a concealed carry permit) to carry a handgun in a shoulder or belt holster in plain view, under most circumstances. 2300), Sec. 3167), Sec. 1132), Sec. Texas Code of Criminal Procedure Chapter 42A^16. 1, eff. 1146 (H.B. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. 3(2), eff. (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. 1, eff. Amended by Acts 1975, 64th Leg., p. 917, ch. 342, Sec. 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. Added by Acts 1995, 74th Leg., ch. 4, eff. 1146 (H.B. Unlawful Carry Weapon (UCW) Acts 2009, 81st Leg., R.S., Ch. 46.12 | Sec. 4456), Sec. 46.09. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. Acts 2011, 82nd Leg., R.S., Ch. 1969), Sec. (a-2) For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. This authorization is enacted in conformance with 18 U.S.C. UNLAWFUL CARRYING WEAPONS. 11), Sec. 25), Sec. (C) a member of a criminal street gang, as defined by Section 71.01. Added by Acts 2001, 77th 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). (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or. (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. Is Greg Abbott Committing the Texas Offense of Human Trafficking? WebA person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05 (Prohibited Weapons) (a): 790, Sec. 809 (H.B. 1080 (H.B. (C) 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. The exception allows people over 21 years old to carry a handgun outside of their home or vehicle so long as within 5 years of the date of carry they have not been convicted of Assault Bodily Injury (not Class C Assault), Deadly Conduct, Terroristic Threat, Disorderly Conduct subsection (a)(7) discharging a firearm in a public place, or Disorderly Conduct subsection (a)(8) displaying a firearm in a manner calculated to alarm. 2664), Sec. Acts 2007, 80th Leg., R.S., Ch. FIREARM SMUGGLING. (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. 2101), Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution. 4, eff. (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. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 1043, Sec. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. 593 (S.B. 4170), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2017. 324 (S.B. [15] However, Sec. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. September 1, 2017. 1, eff. 10.02, eff. (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. September 1, 2021. 809 (H.B. 686), Sec. 13, eff. H.B. (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. (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. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 1069. 325, 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. 469 (H.B. that contains temporary living quarters and is designed to be towed by a motor vehicle. 10.04, eff. 7, eff. (3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable. 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