535), Sec. 2112, S.B. FIREARM SMUGGLING. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person 900, Sec. Note, however, that Section 46.035 contained separate rules for prohibited carry by CHL holders, but this law was repealed in 2021 by H.B. 3, eff. (b) Sections 46.02, 46.03(a)(14), and 46.04(a-1) do 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 actor's 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 person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view; (5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's 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 officer's weapon in plain view; or. 1. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995. 910, 84th Texas Legislature, Section 45, H.B. (C)under the direct supervision of a parent or legal guardian of the person. (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. Acts 2005, 79th Leg., Ch. 1927), Sec. Acts 2009, 81st Leg., R.S., Ch. January 1, 2016. 299 (H.B. Sec. 1, eff. September 1, 2011. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 318, Sec. Acts 2007, 80th Leg., R.S., Ch. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. 1.01, eff. 518 (S.B. Acts 2021, 87th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (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. 2101), Sec. Sec. 6, eff. Prior Results Do Not Guarantee a Similar Outcome. Webunl carrying weapon texas unl carrying weapon texas. 1261, Sec. 535), Sec. 23, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. PDF. (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. Acts 2019, 86th Leg., R.S., Ch. 229, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1234 (H.B. 915 (H.B. 2, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. ai thinker esp32 cam datasheet 2.60, eff. Acts 2021, 87th Leg., R.S., Ch. (4) is displayed in a conspicuous manner clearly visible to the public. 1.01, eff. 1214 (H.B. 15.002, eff. (a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or. (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. 1, eff. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. MAKING A FIREARM ACCESSIBLE TO A CHILD. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. 5, eff. 790, Sec. 1278 (H.B. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. 2, eff. (e) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or. January 1, 2016. June 19, 2009. 1488), Sec. (b) An offense under this section is a Class A misdemeanor. Arrest and booking photos are provided by law enforcement officials. Sept. 1, 2001; Acts 2003, 78th Leg., ch. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 28, eff. 921 (H.B. September 1, 2017. Added by Acts 1995, 74th Leg., ch. Redesignated from Penal Code Sec. 435), Sec. (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. 1143 (H.B. (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. 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. Sec. (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. 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. 1178, Sec. 2, eff. 280 (S.B. Added by Acts 2009, 81st Leg., R.S., Ch. September 1, 2005. 900, Sec. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2019. He was booked into the jail at 2:45 a.m. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and Reckless Driving. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Subsection (a-8) allows people in violation of subsection (a-7) to be prosecuted under (a-7) or Unlawful Possession of a Firearm or other similar law. Acts 1973, 63rd Leg., p. 883, ch. 46.041. 1935), Sec. 960 (H.B. 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. (C) under the direct supervision of a parent or legal guardian of the person. The UCW law was very different before September 1, 2021. 437 (H.B. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 155 (H.B. (2) in a holster, and the handgun and the license holder were in a motor vehicle. 399, Sec. 3, eff. January 1, 2021. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. January 1, 2016. Texas Penal Code 46.15(a). It also covered carrying a handgun while intoxicated and carrying at a government meeting. Acts 2017, 85th Leg., R.S., Ch. 37-year-old Abel Buitron-Salas was arrested early Saturday morning by San Angelo Police for Aggravated Assault with a Deadly Weapon and and Public Intoxication. (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. 1, eff. 83, Sec. 550), Sec. Unlawful Carry Weapon (UCW) 1, 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. 1143 (H.B. 342, Sec. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. September 1, 2005. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 4, eff. (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. 520 (S.B. 46.07 | Sec. Added by Acts 2001, 77th Leg., ch. 467 (H.B. 554), Sec. 3, eff. 6, eff. (3) promptly departed from the premises or other property. 1237), Sec. 2300), Sec. 24, eff. This includes a boat you own, as well as your motor 46.06. September 1, 2017. 457, Sec. June 20, 1997; Acts 1997, 75th Leg., ch. Sec. 578), Sec. Acts 2015, 84th Leg., R.S., Ch. Unlawful Carrying Weapons on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. 900, Sec. 26(10), eff. (7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. Acts 2021, 87th Leg., R.S., Ch. 1.01, 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. 18, 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. September 1, 2021. 814 (H.B. Acts 2009, 81st Leg., R.S., Ch. 4, eff. 12, eff. (b) An offense under this section is a felony of the third degree. 3167), Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. (2) the firearm or club is in plain view. 520 (S.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 person's control; and. 998, Sec. 686), Sec. 16, eff. 2, eff. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 1927, 87th Texas Legislature, Section 22, effective September 1, 2021^3. 809 (H.B. (e) Section 46.02(a-4) does not apply to an individual carrying a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is significant to the performance of the ceremony. 481 (H.B. 165, Sec. 273), 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. 3, eff. (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. 1281 (H.B. 873, Sec. (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. 754, Sec. [16] This is, unfortunately, a narrow category of UCW violations. 1.01, eff. Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. Sept. 1, 1994. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Webunl carry handgun lic holder alch prem/cor fac 52030003 pc 46.02(a) unlawful carrying weapon 52030005 pc 46.02(c) unlawful carrying weapon on alcohol premises 3.20, eff. 2, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1, eff. (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. 87 (S.B. 976 (H.B. September 1, 2017. Acts 2005, 79th Leg., Ch. 5, eff. 17, eff. Acts 2015, 84th Leg., R.S., Ch. September 1, 2019. 437 (H.B. Amended by Acts 1997, 75th Leg., ch. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 June 15, 2007. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited Have you been charged with Unlawful Carrying Weapons (UCW)? September 1, 2007. H.B. Added by Acts 1983, 68th Leg., p. 4832, ch. 16.004, eff. 1488), Sec. September 1, 2007. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1889), Sec. 437 (H.B. (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. (e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless: (1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and. 554, Sec. 46, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. Redesignated from Penal Code Sec. 165, Sec. UNL CARRYING WEAPON POSS MARIJ <2OZ -Advertisement- Easter, Cordarrius Demontre ASSAULT CAUSES BODILY INJURY FAMILY TERRORISTIC THREAT TO FAMILY Jester, Robbie Dean POSS CS PG 1/1-B >=1G<4G POSS CS PG 1/1-B >=1G<4G Neal, Wesley Tyrone PAROLE VIOLATION WARRANT Jordan, Raven 550), Sec. Acts 2007, 80th Leg., R.S., Ch. 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, 2 eff. Acts 2021, 87th Leg., R.S., Ch. As I mentioned above, these are only three of the many possible defense strategies that we use. (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. Acts 2021, 87th Leg., R.S., Ch. 320, Sec. (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. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, Acts 2009, 81st Leg., R.S., Ch. 4, eff. 3(2), eff. (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). Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995. 1, eff. unl carrying weapon texas 27 Feb. unl carrying weapon texas. 7, eff. 26, eff. Stay up-to-date with how the law affects your life. Sec. Amended by Acts 1995, 74th Leg., ch. (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. 1093 (H.B. 26, eff. Views: 10 . 693, Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 795, 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. Sept. 1, 1994. 714, Sec. Please verify the status of the (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. The Texas UCW law is codified at Texas Penal Code Section 46.02. More about our Notable Victories and Press, Attorney Advertising. Amended by Acts 1983, 68th Leg., p. 2962, ch. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. May 30, 1995; Acts 1995, 74th Leg., ch. 229, Sec. Acts 1973, 63rd Leg., p. 883, ch. 1027 (H.B. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. September 1, 2007. 2, eff. 2, eff. 1536), Sec. Acts 2021, 87th Leg., R.S., Ch. 46.04 | Sec. Sept. 1, 1983. September 1, 2021. 15.02(f), eff. 1026 (H.B. (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. 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