1, eff. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. Texas Penal Code 46.02^2. 3167), Sec. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 467 (H.B. September 1, 2021. 1, eff. 2300), Sec. Sept. 1, 1991. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. 26(9), eff. (d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. Acts 2007, 80th Leg., R.S., Ch. (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. Amended by Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 216 (H.B. September 1, 2019. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. 693, Sec. September 1, 2007. 1.01, eff. 754, Sec. Jan. 1, 1974. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. 324 (S.B. 814 (H.B. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. (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. Acts 2005, 79th Leg., Ch. This element can often be difficult for the state to prove. 693 (H.B. 167, Sec. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 62, Sec. 2, eff. September 1, 2013. 47, eff. Sec. 1416), Sec. [1] It is divided into six parts, each part with its own subsection. 17.001(62), eff. 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. (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. (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. 1193, Sec. Is Greg Abbott Committing the Texas Offense of Human Trafficking? 438 (S.B. Aug. 29, 1983; Acts 1987, 70th Leg., ch. (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. UNLAWFUL POSSESSION OF FIREARM. 324 (S.B. DEFINITIONS. 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. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. (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. (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. 746, Sec. 1576), Sec. Webunl carrying weapon texas unl carrying weapon texas. 405), Sec. (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. What is a criminal street gang? 790, Sec. 1, eff. 679 (H.B. 46.041 | Sec. Acts 2021, 87th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane September 1, 2005. September 1, 2021. His bond was set at $2,000. (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. 46.11 by Acts 1993, 73rd Leg., ch. Added by Acts 2001, 77th Leg., ch. September 1, 2021. (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. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 10.03, 31.01(70), eff. 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. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. 26(8), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1146 (H.B. 1, eff. Acts 2005, 79th Leg., Ch. 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. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the persons own property or property under the persons control or on private property with the consent of the owner of the property; or. September 1, 2017. ai thinker esp32 cam datasheet 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. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 508, Sec. September 1, 2011. 957), Sec. 1927. 7, eff. 16, eff. 1920), Sec. 46.10 | Sec. (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 900, Sec. August 1, 2016. 6, eff. Jan. 1, 1974. FIREARM SMUGGLING. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1927), Sec. Sept. 1, 1987; Acts 1987, 70th Leg., ch. June 15, 2007. Renumbered from Penal Code 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. 1049 (H.B. 1049 (H.B. (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. 1935), Sec. Acts 2009, 81st Leg., R.S., Ch. 46.035. 83, Sec. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio; (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or. 1935), 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. that contains temporary living quarters and is designed to be towed by a motor vehicle. 2, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1994. 28, eff. 957), Sec. (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. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. January 1, 2016. Otherwise, (a-7) violations are punished as third-degree felonies. September 1, 2015. WebUNLAWFUL CARRYING WEAPONS. Amended by Acts 1987, 70th Leg., ch. 2, eff. 1048 (H.B. 91 (S.B. (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. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. 437 (H.B. Acts 2021, 87th Leg., R.S., Ch. Subsection (a-4) of the UCW law covers location-restricted knives. 48, eff. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation Amended by Acts 1983, 68th Leg., p. 2962, ch. PDF. 1488), Sec. 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. 2, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. 13, eff. (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. (2) in a holster, and the handgun and the license holder were in a motor vehicle. shoulder or belt holster; or. 5, eff. 1, eff. 910, 84th Texas Legislature, Section 51, effective January 1, 2016^14. 920 (S.B. 1060, Sec. 25), Sec. 1, eff. Booking Number: CB33MB02272023. 10.02, eff. 10, eff. 1, eff. 1177), Sec. 17, eff. 1, eff. September 1, 2013. Acts 2009, 81st Leg., R.S., Ch. 6, eff. 342, Sec. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). 1199 (H.B. More about our Notable Victories and Press, Attorney Advertising. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. Acts 2017, 85th Leg., R.S., Ch. We explore the UCW law and how it has changed in more detail below. H.B. 318, Sec. 4170), Sec. 20-year-old Kalani Celaya was arrested by Tom Green County Sheriff's Deputies Thursday morning for Criminal Trespass and Resisting Arrest, Search or Transport. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. 325 (H.B. 457, Sec. Jan. 1, 1974. 1927), Sec. 1889), Sec. Contact us. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person Acts 1973, 63rd Leg., p. 883, ch. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and 399, Sec. Acts 2013, 83rd 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. 15.02(g), eff. (j) The provisions of Sections 46.02 and 46.03(a)(7), (a-2), (a-3), and (a-4) do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. September 1, 2005. September 1, 2009. Jan. 1, 1974. COMPONENTS OF EXPLOSIVES. 900, Sec. (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. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. Acts 2021, 87th Leg., R.S., Ch. 16, eff. 46.06. September 1, 2005. Jan. 1, 1974. 494, Sec. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. (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. 46.03 | Sec. Sept. 1, 1995. 3, eff. UNLAWFUL CARRYING WEAPONS. 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. 693 (H.B. September 1, 2019. 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