Sept. 1, 2001; Acts 2003, 78th Leg., ch. In 2021, the Texas Legislature passed the constitutional carry law, which provided that people over 21 years old are generally able to carry a handgun outside of their home or vehicle without any permit. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 399, Sec. Arrest and booking photos are provided by law enforcement officials. (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. 1813), Sec. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. Sept. 1, 1994. (b) An offense under this section is a felony of the third degree. 1420, Sec. Sept. 1, 1983. (4) occurred during a time when the actor was engaged in an agricultural enterprise. Acts 2019, 86th Leg., R.S., Ch. 2225), Sec. Acts 2005, 79th Leg., Ch. (A) on the persons own premises or premises under the persons control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; or. September 1, 2017. 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 2005, 79th Leg., Ch. 15.003, eff. 26(8), eff. Redesignated from Penal Code Sec. 1, eff. 165, Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. H.B. 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. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. (2) in a holster, and the handgun and the license holder were in a motor vehicle. 1.01, eff. 642 (H.B. committed on any premises licensed or issued a permit by this state for the sale of Acts 2011, 82nd Leg., R.S., Ch. 693 (H.B. 1, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a holster, on or about the license holder's person: (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event; (3) on the premises of a correctional facility; (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate; (6) on the premises of a civil commitment facility. 10.02, eff. 405), Sec. 2, 3, eff. January 1, 2016. 13, eff. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2021. Sec. 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. 1049 (H.B. 46.01 | Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 2017, 85th 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. September 1, 2017. (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. 165, Sec. September 1, 2011. 15.005, eff. 288 (H.B. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1935, this exemption will be extended to all location-restricted knives), Section 46.15(j) exempts people who carry a handgun in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission, Consistently recognized by Super Lawyers, Consistently recognized by D Magazine in Best Lawyers for Criminal Defense. 1, eff. 10, eff. 2, eff. (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. 518 (S.B. September 1, 2019. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 435), Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 2, eff. 1193, Sec. (3) is punishable by confinement for one year or more in a penitentiary. 48, eff. Texas Penal Code 46.02(b)^10. 1, eff. 10, eff. 16, eff. (C) under the direct supervision of a parent or legal guardian of the person. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. Sec. 1445, Sec. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). Globally, the same House Bill eliminated the word concealed from various places in the Penal Code (including Section 46.15) because, essentially, a concealed handgun permit now allows people to carry in a concealed and un-concealed manner. 446), Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 46.01. 457, Sec. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. 46, Sec. 809 (H.B. 494, Sec. 399, Sec. (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. 299 (H.B. September 1, 2019. 749, Sec. Acts 2017, 85th Leg., R.S., Ch. 5, eff. 1093 (H.B. 469 (H.B. Redesignated from Penal Code Sec. Sec. Sept. 1, 1983. Acts 2007, 80th Leg., R.S., Ch. 957), Sec. 1.01, eff. 46.04 and amended by Acts 1993, 73rd Leg., ch. 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. 446), Sec. 1, eff. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1985, 69th 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. 554, Sec. 318, Sec. Acts 2021, 87th Leg., R.S., Ch. 46.08 by Acts 1993, 73rd Leg., ch. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 216 (H.B. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 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, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. Section 923. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 438 (S.B. 4, eff. 11), Sec. We explore the UCW law and how it has changed in more detail below. 1935), Sec. September 1, 2007. 4, eff. [15] However, Sec. 7, eff. (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. 46.12 | Sec. Subsection (a-4) of the UCW law covers location-restricted knives. TITLE 10. 16, eff. 50, eff. 1, eff. (16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. 1, eff. Acts 2019, 86th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. So if you are under 21 years old, you can still carry a handgun to your home from your vehicle and vice versa. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. September 1, 2021. 1920), Sec. 2, eff. 2, eff. 1969), Sec. September 1, 2021. (g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height: "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.". 3, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 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. Acts 2015, 84th Leg., R.S., Ch. (2) the firearm or club is in plain view. 578), Sec. 14, eff. 1278 (H.B. 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. 318, Sec. September 1, 2009. 520 (S.B. CCH Conviction counts based on CDN Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. Aug. 29, 1983; Acts 1989, 71st Leg., ch. (A) on the persons own premises or premises under the persons control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; or. (2) an offense under Subsection (a)(7) is a state jail felony. Have you been charged with Unlawful Carrying Weapons (UCW)? Acts 2005, 79th Leg., Ch. 3 (H.B. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. 437 (H.B. 1063, Sec. 910), Sec. (d) An offense under Subsection (a-4) is a Class C misdemeanor. Acts 1973, 63rd Leg., p. 883, ch. 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. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. 324 (S.B. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. (d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. 900, Sec. 1935), Sec. 1.01, eff. 320, Sec. (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. 1069. 17.001(62), eff. 10.02, eff. (c) An offense under this section is a felony of the third degree. (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. 1815), Sec. 957), Sec. September 1, 2015. Is Greg Abbott Committing the Texas Offense of Human Trafficking? 46.04. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. 1, eff. 1, eff. How did the UCW statute change to make open carry legal? (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. 913), Sec. (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. Booking Date: 2/27/2023. (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. September 1, 2021. 4, eff. Renumbered from Penal Code Sec. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. 438 (S.B. September 1, 2021. September 1, 2017. 216 (H.B. Sept. 1, 1994; Acts 1999, 76th Leg., ch. (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 1993, 73rd Leg., p. 883, ch cite this article: FindLaw.com - Texas Code. ( UCW ) a ) ( 7 ) is a felony of the person 1977 ; Acts 1981, Leg.. Learn about the legal concepts addressed by these cases and Statutes, FindLaw... 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