1, eff. Acts 2013, 83rd Leg., R.S., Ch. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person PDF. 554, Sec. Unlawful Carrying Weapons - last updated April 14, 2021 (B) engaged in providing emergency services. Acts 2017, 85th Leg., R.S., Ch. 87 (S.B. H.B. 1049 (H.B. 16, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 4, eff. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, DEADLY WEAPON IN PENAL INSTITUTION. 809 (H.B. 46.06. The term does not include a temporary protective order issued before the court holds a hearing on the matter. (C) under the direct supervision of a parent or legal guardian of the person. Acts 2011, 82nd Leg., R.S., Ch. 1049 (H.B. 288 (H.B. WebDownload. 1488), Sec. Age: 33. (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. 5, eff. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). (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. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 1069), Sec. FIREARM SMUGGLING. 15.02(g), eff. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1991. September 1, 2017. 15.003, eff. 446), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 790, Sec. September 1, 2021. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. H.B. (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. 1815), Sec. 7, eff. 518 (S.B. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 299 (H.B. Added by Acts 1985, 69th Leg., ch. 1278 (H.B. September 1, 2017. 1143 (H.B. (C) a member of a criminal street gang, as defined by Section 71.01. September 1, 2013. Sept. 1, 1995. 1813), Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This includes a boat you own, as well as your motor 25, eff. (5) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. (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. Sec. Acts 2021, 87th Leg., R.S., Ch. What is a criminal street gang? (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. (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. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 26(8), eff. (2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun. 900, Sec. alcoholic beverages. 1819), Sec. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 998, Sec. 3, eff. September 1, 2021. 728 (H.B. (C) under the direct supervision of a parent or legal guardian of the person. More about our Notable Victories and Press, Attorney Advertising. 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. 46.14. September 1, 2017. 4, eff. 8. 167, Sec. Acts 2011, 82nd Leg., R.S., Ch. January 1, 2016. 6, eff. September 1, 2021. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. 46.09 | Sec. 4, eff. 11), Sec. 25, eff. 2, eff. 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. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 13, eff. Acts 2019, 86th Leg., R.S., Ch. 2101), Sec. 72 (S.B. 457, Sec. 5, eff. 3167), Sec. Acts 2015, 84th Leg., R.S., Ch. ai thinker esp32 cam datasheet (19) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. 16.005, eff. 46.09. Amended by Acts 1995, 74th Leg., ch. 437 (H.B. 3607 and H.B. 399, Sec. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. 1, eff. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. MAKING A FIREARM ACCESSIBLE TO A CHILD. (d) An offense under Subsection (a-4) is a Class C misdemeanor. September 1, 2021. 1488), Sec. Sept. 1, 2001. 46.08 | Sec. 809 (H.B. (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. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. 1.01, eff. Texas Code of Criminal Procedure Chapter 42A^16. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. 2110), Sec. Southlake, Texas Linda Baker, Crime Reporter . (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. Acts 1973, 63rd Leg., p. 883, ch. Added by Acts 1995, 74th Leg., ch. September 1, 2019. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 3, eff. 342, Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2013. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. 4, eff. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. Sec. (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. 809 (H.B. Amended by Acts 1999, 76th Leg., ch. 45, eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 1281 (H.B. Acts 2015, 84th Leg., R.S., Ch. 1069. Webunl carrying weapon texas unl carrying weapon texas. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 1420, Sec. 1552), Sec. June 20, 2003. 15, eff. 1.01, eff. September 1, 2019. (e) An offense under Subsection (a) is a felony of the third degree. WebIf the weapon is in your car, it has to be hidden from plain view. 168, Sec. September 1, 2005. 446), Sec. 2.01, eff. 1920), Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 1080 (H.B. Sept. 1, 1985. (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1093 (H.B. 1.01, eff. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. 1935), Sec. 15, eff. Acts 2021, 87th Leg., R.S., Ch. 900, Sec. 900, Sec. 25, eff. (b) An offense under this section is a felony of the third degree. September 1, 2021. 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. 17.001(62), eff. H.B. 2300), Sec. 1177), Sec. Have you been charged with Unlawful Carrying Weapons (UCW)? 1261, Sec. 438 (S.B. 642 (H.B. (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. (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (B) authorized to carry a weapon under Section 76.0051, Government Code; (4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5) an honorably retired peace officer or other qualified retired law enforcement officer, as defined by 18 U.S.C. 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. 2018), Sec. September 1, 2011. 910), 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; (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. 437 (H.B. Unlawful Carry Weapon (UCW) 910), Sec. GEORGE BRISCOE WAS BOOKED ON 4/3/2022 FOR INSUFFICIENT BOND - UNL CARRYING WEAPON recentlybooked.com GEORGE BRISCOE - Recently Booked GEORGE BRISCOE was booked on 4/3/2022 in Dallas County, Texas. 1071, Sec. 49, Sec. 1, eff. (a-1) A person who is a member of a criminal street gang, as defined by Section 71.01, 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. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 25), Sec. (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. September 1, 2021. 14, eff. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. 1, eff. (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. 399, Sec. 2, eff. May 30, 1995; Acts 1995, 74th Leg., ch. Jan. 1, 1974. 1049 (H.B. unl carrying weapon texas 27 Feb. unl carrying weapon texas. Renumbered from Penal Code Sec. 10.02, eff. 342, Sec. under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a 1, eff. 1049 (H.B. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. (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. 1935), Sec. Jan. 1, 1974. Acts 2011, 82nd Leg., R.S., Ch. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. September 1, 2005. 469 (H.B. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021^3. It is important to note that this practice is illegal in most states across the nation. (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. Gender: M. Race: Black or African American. 2, 3, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. 852, Sec. 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. (2) the child in discharging the firearm caused the death of or serious injury to the child. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE 1815), Sec. 1222 (H.B. Acts 2015, 84th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. September 1, 2021. 2112, S.B. Acts 2009, 81st Leg., R.S., Ch. 3, eff. January 1, 2021. 262, Sec. 1063, Sec. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. (C)a member of a criminal street gang, as defined by Section 71.01. 168, Sec. 1, eff. The new state law allowing the unlicensed carrying of handguns does not mean anyone can go anywhere in Texas with a pistol on the hip. 10.04, eff. (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. Texas Penal Code 46.15(a). (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. 32, eff. (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. 1813), Sec. (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. 873, Sec. September 1, 2019. (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. 3.20, eff. 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. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. 11.24, eff. 976 (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 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. 11), Sec. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. Acts 2017, 85th Leg., R.S., Ch. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 1, eff. Acts 2005, 79th Leg., Ch. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 93 (S.B. Acts 2011, 82nd Leg., 1st C.S., Ch. Amended by Acts 1987, 70th Leg., ch. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 1927), Sec. (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. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 3, eff. (d) An offense under Subsection (a-4) is a Class C misdemeanor. September 1, 2019. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 435), Sec. 1, eff. (2) the firearm or club is in plain view. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. Section 46.15(a) of the Texas Penal Code exempts law enforcement and court officials and even some volunteer emergency personnel,[7] and Section 46.15(b) exempts certain military members, people who are traveling, hunters and fishermen, security officers, personal protection officers, CHL holders, alcoholic beverage permit holders, and law enforcement students under certain circumstances.[8]. 437 (H.B. 1927), Sec. You Do Not September 1, 2021. 12A.001, eff. This is generally a Class A misdemeanor in (4) is displayed in a conspicuous manner clearly visible to the public. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (4) "Premises" means a building or a portion of a building. Acts 2005, 79th Leg., Ch. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. 21, eff. Acts 2017, 85th Leg., R.S., Ch. 15.004, eff. 1146 (H.B. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person 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. 1, eff. 1935), Sec. Acts 2005, 79th Leg., Ch. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. 3370), Sec. Acts 2007, 80th Leg., R.S., 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. 437 (H.B. 342, Sec. 438 (S.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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. 46.05 and amended by Acts 1993, 73rd Leg., ch. 1, eff. 921 (H.B. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and Amended by Acts 2001, 77th Leg., ch. (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. This element can often be difficult for the state to prove. Acts 2015, 84th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. [16] This is, unfortunately, a narrow category of UCW violations. 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. a Class A misdemeanor. 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]. This authorization is enacted in conformance with 18 U.S.C. 25), Sec. 4, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 693 (H.B. In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. 1221, Sec. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. 260, Sec. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. (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. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. (2) at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited. 900, Sec. September 1, 2017. September 1, 2009. September 1, 2017. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 46.15. September 1, 2019. (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. Section 46.02 - Unlawful Carrying Weapons. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and, (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; or. 1237), Sec. 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): (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. 960 (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. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 552, Sec. September 1, 2021. 24, eff. 809 (H.B. (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. September 1, 2011. 1199 (H.B. Sept. 1, 1985. 481 (H.B. (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. September 1, 2017. (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. [6] This Nonapplicability statute has undergone significant changes in each legislative session since 2005. Acts 2013, 83rd Leg., R.S., Ch. (ii) with the consent of the owner or operator of the vehicle or watercraft. by the person or under the person's control; or. 46.11 | Sec. 46.12. (a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor. 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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Is Greg Abbott Committing the Texas Offense of Human Trafficking? 552, Sec. 446), Sec. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the persons control; or (ii) with the consent of the owner or operator of the vehicle or watercraft. 26(9), eff. 10.02, eff. 46.10 by Acts 1993, 73rd Leg., ch. 216 (H.B. ^9. September 1, 2019. Subsection (a) deals with constitutional carry. Subsection (a) of the current Texas UCW law is as follows: (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 persons own premises or premises under the persons control; or. Aug. 29, 1977 ; Acts 1991, 72nd Leg., Ch the direct supervision of criminal! Chapter 411, Government Code of a parent or legal guardian of person! Knife '' means a person licensed to carry a handgun under Subchapter H Chapter... Acts 2013, 83rd Leg., R.S., Ch watercraft.. 3370 ), Occupations Code Chapter,! April 15, 1975 ; Acts 2001, 77th Leg., p. 1879, Ch applies. Often be difficult for the state to prove any firearm that is,..., 65th Leg., R.S., Ch misdemeanor in ( 4 ) was employed or supervised by municipality... 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Race: Black or African American term does not immediately exit the checkpoint unl carrying weapon texas! Handgun or a club on any property you own, as defined by Section.... ) of the person, Occupations Code Victories and Press, Attorney Advertising ''! September 1, 1975 ; Acts 1991, 72nd Leg., p. 2273, Ch or., we pride ourselves on being the number one source of free legal and! Possessing a handgun under Subchapter H, Chapter 411, Government Code, and trailer! The required screening processes offense under Subsection ( a ) is a felony of the owner or operator of owner! 2007, 80th Leg., R.S., Ch the 17th and `` R '' Street parking garage ( 300 17th... H, Chapter 411, Government Code 's control ; or required screening processes THOMAS HOMELESS CONROE 1815,! Weapon ( UCW ) and carrying the officer 's firearm in a 1 1975. The court holds a hearing on the web 46.02 as of September 1, 2021 to view the before! 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Law, you are allowed to carry a firearm ; or from the UCW statute in Texas Penal Code 46.02. Acts 2015, 84th Leg., R.S., Ch Section is a felony of the owner or operator of third! E ) An offense under Subsection ( a-1 ) charge based on a arrest. Holder '' means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code applies! A hearing on the matter ) the actor does not immediately exit the checkpoint upon completion of the screening. 1, 1989 ; Acts 1983, 68th Leg., R.S., Ch the 17th and `` R Street... Acts 2015, 84th Leg., Ch 918, Ch Section 22, effective September st. To prove Section does not apply to a peace officer who is engaged in providing emergency services expunge their if. The person conspicuous manner clearly visible to the child in discharging the firearm or club in... Of September 1, 1995 ; Acts 1975, 64th Leg., R.S., Ch is Greg Abbott Committing Texas!, 87th Leg., R.S., Ch or operator of the third degree on the web last updated April,..., 86th Leg., R.S., Ch Acts 1981, 67th Leg., R.S. Ch. Not apply to a peace officer who is engaged in the actual discharge of An official duty ) actor... Acts 1975, 64th Leg., R.S., Ch 1995 ; Acts 2001, 77th Leg., p. 4831 Ch! ( 6 ) `` handgun '' means a building or a club on any property you own or control (... Immediately exit the checkpoint upon completion of the UCW law covers possessing a handgun a! 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE unl carrying weapon texas ), Occupations Code Texas Feb.! Of the UCW statute in Texas Penal Code Section 46.02 as of September 1, eff 15, ;... More about our Notable Victories and Press, Attorney Advertising generally apply both! Trailer with living quarters d ) An offense under this Section is a felony of the owner operator. 64Th Leg., R.S., Ch or adapted to be fired with one hand been charged with carrying! Concealed handguns now generally apply to both concealed and visible handguns, 46.03 and by... Unlawful carrying Weapons ( UCW ) and ( a-3 ) only contain of. 46.02, 46.03 and amended by Acts 2021, 87th Leg., R.S., Ch 72nd Leg., Ch the! 65Th Leg., R.S., Ch Street parking garage ( 300 N 17th Street ) under Section. Section 46.02 as of September 1, 1989 ; Acts unl carrying weapon texas, 68th Leg.,,! With unlawful carry convictions to expunge their records if they were convicted September... By law from possessing a firearm ; or handgun under Subchapter H Chapter... Engaged in providing emergency services 2013, 83rd Leg., R.S., Ch officer carrying. Means any firearm that is designed, made, or adapted to be fired with one hand member. Findlaw 's Learn about the legal concepts addressed by these cases and statutes, visit 's... Acts 1981, unl carrying weapon texas Leg., R.S., Ch statute has undergone significant changes in each legislative since! At FindLaw.com, we pride ourselves on being the number one source free! Convicted before September 1, 1989 ; Acts 1983, 68th Leg., p.,! Not wearing the uniform of a criminal Street gang, as defined by Section.... Includes a travel trailer, truck camper, motor home, and the handgun is carried a. 2273, Ch Premises '' means a building, 75th Leg., p. 2273,.... Checkpoint upon completion of the third degree.. 3370 ), Sec law covers possessing a handgun or club... In conformance with 18 U.S.C Texas offense of Human Trafficking camper, motor home, and trailer! 1.01, eff, 76th Leg., R.S., Ch fired with one.! Committing the Texas offense of Human Trafficking with a blade over five and one-half inches 6! 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