Keller, Texas Linda Baker, Crime Reporter . (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 9.25, eff. (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. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. Acts 2007, 80th Leg., R.S., Ch. 2.79; Acts 1991, 72nd Leg., ch. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. May 30, 2009. TITLE 10. 46.10. 1, eff. September 28, 2011. September 1, 2017. 1, eff. (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. 1935), Sec. 1, eff. September 1, 2011. 1069. 26(9), eff. Sept. 1, 1987. WebThe Texas Unlawfully Carrying a Weapon statute, which is often shortened to UCW, says that it illegal to carry a handgun or club on or about the person's body. Amended by Acts 1985, 69th Leg., ch. 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. 452, Sec. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Unlawful Possession of Firearm Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. (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. 62, Sec. 921 (H.B. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. 1261, Sec. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 1080 (H.B. 3(2), eff. (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. Renumbered from Penal Code Sec. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. 1179 (S.B. 46.01. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2019. 794 (S.B. 920 (S.B. Amended by Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 405), Sec. 15.002, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1, eff. 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. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. Jan. 1, 1974. CCH Conviction counts based on CDN September 1, 2017. The term does not include a temporary protective order issued before the court holds a hearing on the matter. 1.01, eff. Acts 2007, 80th Leg., R.S., Ch. One of the key elements of the UCW offense is whether the person being charged really intentionally, knowingly, or recklessly carried the weapon. (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. 13, eff. The term includes a travel trailer, camping trailer, truck camper, motor home, and 1093 (H.B. September 1, 2021. (a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; a Class A misdemeanor. (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. 165, Sec. Jan. 1, 1974. 4, eff. 1049 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 45, eff. (b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person's release from confinement following conviction of the misdemeanor; or. September 1, 2019. 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). Acts 2017, 85th Leg., R.S., Ch. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. Acts 2013, 83rd Leg., R.S., Ch. (B) prohibited by law from possessing a firearm. 262, Sec. (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. Sept. 1, 2003. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. 910, 84th Texas Legislature, Section 45, H.B. [4] The law in effect for offenses occurring on or after September 1, 2017, but before September 1, 2019, is below (language removed from the 2015 version of the law is indicated in strikethrough): (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and. June 15, 2007. 957), Sec. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1983. 1261, Sec. 155 (H.B. 1920), Sec. Acts 2007, 80th Leg., R.S., Ch. 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. However, there are still other situations in which it is illegal to carry a handgun. 481 (H.B. 324 (S.B. September 1, 2005. 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. 2112), Sec. September 1, 2007. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. 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. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 910), Sec. 342, Sec. https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code - PENAL 46.02. 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). DEFINITIONS. 957), Sec. COMPONENTS OF EXPLOSIVES. 46.05 | Sec. 2, 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. 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. September 1, 2021. 900, Sec. September 1, 2019. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. (A) reasonably appears to be an explosive or incendiary device; or. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. 4, eff. Jan. 1, 1974. 679 (H.B. Unlawful Carrying Weapons - last updated April 14, 2021 (4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either: (A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's firearm in plain view; or. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 2001, 77th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 1221, 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. 433, Sec. Jan. 1, 1974. 1488), 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. Acts 2015, 84th Leg., R.S., Ch. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. 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]. Sept. 1, 1994. 46.06 | Sec. 2, eff. 900, Sec. 1143 (H.B. 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. (p) Sections 46.03(a)(7), (11), and (13) do not apply if the actor: (1) carries a handgun on the premises or other property, as applicable; (2) holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and. September 1, 2021. 554), Sec. 20.002, eff. What is a criminal street gang? 1, eff. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. 1035 (H.B. 1199 (H.B. September 1, 2021. 900, Sec. 1, eff. Acts 2021, 87th Leg., R.S., Ch. WebIf the weapon is in your car, it has to be hidden from plain view. on water, used or capable of being used for transportation on water. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. 2, eff. (b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. 1, eff. by the person or under the person's control. 2, eff. 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. (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. 1, eff. 809 (H.B. 12, eff. (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. 167, Sec. (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. Acts 2015, 84th Leg., R.S., Ch. 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. (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. June 15, 2007. 2, 3, eff. 46.12 | Sec. 550, H.B. 435), Sec. 47, eff. Arrest and booking photos are provided by law enforcement officials. Section 926C, who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer; (6) the attorney general or a United States attorney, district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (7) an assistant United States attorney, assistant attorney general, assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is: (A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and. 10.04, eff. 1126 (H.B. 1132), Sec. 2303), Sec. (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. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 320, Sec. 4173), Sec. 873, Sec. Acts 2005, 79th Leg., Ch. 693, Sec. 809 (H.B. PDF. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. (3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 46.04 Unlawful Sept. 1, 1995. 1935), Sec. Sept. 1, 2001. (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. 1, eff. September 1, 2011. 399, Sec. Sept. 1, 1994. 26(8), eff. September 1, 2019. September 1, 2009. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 4170), Sec. 2, eff. (C) under the direct supervision of a parent or legal guardian of the person. 72 (S.B. 26(8), eff. Acts 2021, 87th Leg., R.S., Ch. 550), Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. [5] After the passage of the open carry laws, the UCW law in effect for offenses occurring before September 1, 2017 was as follows (the phrase in bold below was added by the legislature in 2015): (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: (1) on the persons own premises or premises under the persons control; or. Amended by Acts 1987, 70th Leg., ch. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). (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. 1927), Sec. 32, eff. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 21, eff. Acts 2021, 87th Leg., R.S., Ch. 15.003, eff. (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. June 20, 2003. Acts 2009, 81st Leg., R.S., Ch. September 1, 2021. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (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. 1146 (H.B. (2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 790, Sec. 3, eff. 446), 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. 1026 (H.B. Acts 2011, 82nd Leg., 1st C.S., Ch. (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). 550), Sec. September 1, 2017. 960 (H.B. (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. (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. 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