(C) under the direct supervision of a parent or legal guardian of the person. WebTexas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. 1001 (H.B. H.B. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. Acts 2021, 87th Leg., R.S., Ch. 11), Sec. 1027 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 469 (H.B. Sept. 1, 1991. 3, eff. 2, eff. 1889), Sec. 1935), Sec. 437 (H.B. (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. 46.14. 920 (S.B. 1, eff. 17, eff. Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. If the person was prohibited from possessing a firearm because of a felony conviction, the (a-7) violation is punished as a second-degree felony with a minimum 5-year punishment. 438 (S.B. 273), Sec. 229, Sec. 1, eff. 1214 (H.B. 24, eff. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. 1, eff. Current as of April 14, 2021 | Updated by FindLaw Staff. Texas Penal Code 46.02(d)^11. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. September 1, 2009. Amended by Acts 1999, 76th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. How did the UCW statute change to make open carry legal? WebUNLAWFUL CARRYING WEAPONS. 20.002, eff. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. 69 , Sec. September 1, 2015. (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) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. Sept. 1, 1995. (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. 1927), Sec. 1, eff. 1, eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 72 (S.B. (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. In the State of Texas, it is perfectly legal to keep a loaded gun in ones car without needing a license to carry as long as the person who does so is not prohibited from possessing a gun for any reason. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or. Amended by Acts 1997, 75th Leg., ch. 518 (S.B. 900, Sec. 5, eff. 809 (H.B. 1927), Sec. September 1, 2021. 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): 3.20, eff. Acts 2013, 83rd Leg., R.S., Ch. 693, Sec. Acts 2021, 87th Leg., R.S., Ch. 1407), Sec. 1026 (H.B. What is a criminal street gang? 288 (H.B. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. 446), Sec. September 1, 2021. September 1, 2017. 481 (H.B. Note, however, that Section 46.035 contained separate rules for prohibited carry by CHL holders, but this law was repealed in 2021 by H.B. June 19, 2009. 18, eff. 1416), Sec. Sept. 1, 1985. H.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 1, eff. 299), Sec. 13.02, eff. 46.10 by Acts 1993, 73rd Leg., ch. Sept. 1, 1991; Renumbered from Penal Code Sec. Acts 2017, 85th Leg., R.S., Ch. 1179 (S.B. 79), Sec. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). 318, Sec. 26(8), eff. September 1, 2019. 325 (H.B. September 1, 2019. September 1, 2021. Please find below a list of all petitions or charging instruments filed and processed in Harris County District and County Courts today, Tuesday, February 28, 2023. (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; (6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor; or. Acts 2007, 80th Leg., R.S., Ch. 1, eff. In 2021, the Texas (d) An offense under Subsection (a-4) is a Class C misdemeanor. Booking Date: 2/27/2023. September 1, 2021. September 1, 2021. 1, eff. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. 578), Sec. 167, Sec. 1093 (H.B. 2, eff. 2, eff. 1179 (S.B. Acts 2009, 81st Leg., R.S., Ch. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. September 1, 2021. 23, Sec. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. All rights reserved. Acts 2019, 86th Leg., R.S., Ch. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. September 1, 2009. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. 1, eff. 518 (S.B. (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. 1, eff. (B) engaged in escorting the judicial officer; (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code; or. The UCW law mentions the term criminal street gang. The criminal street gang definition is discussed in our article about Engaging in Organized Criminal Activity. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 71, eff. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. WebCarrying a weapon in a prohibited place is a third-degree felony, punishable by up to 10 years in prison and a maximum $10,000 fine. September 1, 2019. This requirement is in subsections (a), (a-1), (a-4) and (a-7). 915 (H.B. June 14, 2013. (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. Acts 2007, 80th Leg., R.S., Ch. 4170), Sec. 399, Sec. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. 1146 (H.B. Webunl carrying weapon texas unl carrying weapon texas. 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. 1.01, eff. 2, eff. 1445, Sec. 2, eff. 26(10), eff. (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. (2) the firearm or club is in plain view. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. INTERSTATE PURCHASE. (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. (3) the person is not prohibited by state or federal law from possessing a firearm. Subsection (a-4) of the UCW law covers location-restricted knives. 399, 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. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 9.25, eff. September 1, 2017. 46.15. Sept. 1, 1999. 1, eff. 920 (S.B. Acts 1973, 63rd Leg., p. 883, ch. DEFINITIONS. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. 1.01, eff. 3(2), eff. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. 1815), Sec. 46.06 | Sec. 10.03, 31.01(70), eff. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 16, eff. 1.01, eff. Acts 2021, 87th Leg., R.S., Ch. 6, eff. June 15, 2007. 552, Sec. 1, eff. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person 494, Sec. It also covered carrying a handgun while intoxicated and carrying at a government meeting. Acts 2005, 79th Leg., Ch. 15, eff. 46, eff. September 1, 2011. 1143 (H.B. (3) is punishable by confinement for one year or more in a penitentiary. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. 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. Acts 2017, 85th Leg., R.S., Ch. (C)under the direct supervision of a parent or legal guardian of the person. September 1, 2017. 1815), Sec. 1, eff. 900, Sec. Acts 2013, 83rd Leg., R.S., Ch. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 4, eff. 446), Sec. 2.60, eff. 4, eff. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. 15.004, eff. 399, Sec. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 1049 (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. May 30, 2009. 46.04 Unlawful September 1, 2015. Jan. 1, 1974. (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. 165, Sec. 749, Sec. Sept. 1, 1985. 693 (H.B. September 1, 2011. (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. 299 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. [16] This is, unfortunately, a narrow category of UCW violations. 14.833, eff. 1927), Sec. UNLAWFUL POSSESSION OF FIREARM. 749, 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. 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. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. September 1, 2005. (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited; (7) 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; (8) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event; (9) on the premises of a correctional facility; (10) on the premises of a civil commitment facility; (11) 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 person has written authorization of the hospital or nursing facility administration, as appropriate; (12) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration; (14) in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter. 10, eff. 1552), Sec. regardless of whether that use is temporary or permanent. Have you been charged with Unlawful Carrying Weapons (UCW)? 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 714, Sec. 2, eff. Acts 2015, 84th Leg., R.S., Ch. Texas Penal Code 46.15^7. Amended by Acts 1995, 74th Leg., ch. 168, Sec. Unlawful Carrying of Handgun by License Holder. 446), Sec. unl carrying weapon texas 27 Feb. unl carrying weapon texas. 26(8), eff. 1063, Sec. 7, eff. As I mentioned above, these are only three of the many possible defense strategies that we use. 437 (H.B. (4) Repealed by Acts 2021, 87th Leg., R.S., Ch. 554, Sec. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. 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. Acts 2017, 85th Leg., R.S., Ch. ) under the direct supervision of a parent or legal guardian of complexity. 84Th Leg., Ch statute change to make open carry legal | by... 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