446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 13, eff. (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 weapon listed in Section 46.05(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution; or. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 1, eff. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation (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. 552, Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. 1927), Sec. 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 current law also makes it illegal: (1) to carry a handgun in plain view in a public place unless the handgun is in a holster, (2) to carry a handgun in plain view inside a vehicle unless youre 21 (or if youre permitted) and the handgun is in a holster. 318, Sec. 10, eff. Acts 1973, 63rd Leg., p. 883, ch. 1188), Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1920), Sec. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1974. 4, eff. 1, eff. 446), Sec. We explore the UCW law and how it has changed in more detail below. In 2021, the Texas 69 (S.B. 216 (H.B. (2) at the actor's residence or place of employment. 399, Sec. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. H.B. (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. 437 (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 person's control; and. 1889), Sec. Sept. 1, 1999. 1303), Sec. June 20, 1997; Acts 1997, 75th Leg., ch. 2, eff. So if you have been arrested for an offense that occurred before September 1, 2021, you need to examine the law as it existed on the date of the offense. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1, eff. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. 1, eff. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. September 1, 2011. (C)a member of a criminal street gang, as defined by Section 71.01. 71, eff. 342, Sec. 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. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Sept. 1, 1987. 931, Sec. Acts 1973, 63rd Leg., p. 883, ch. 1.01, eff. (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. 728 (H.B. (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. Gender: M. Race: Black or African American. 1488), Sec. 915 (H.B. 5, eff. 1, eff. January 1, 2016. (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 September 1, 2005. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. (f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. Unlawful Carrying of Handgun by License Holder. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. (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. 2018), Sec. Most UCW cases involve handguns, particularly those that intersect (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. 4, eff. Texas Penal Code 46.15^7. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 446), Sec. 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. Sept. 1, 1983. Acts 2015, 84th Leg., R.S., Ch. September 1, 2011. Texas Penal Code 46.15(a). 437 (H.B. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. 2300), Sec. 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. 168, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2007. 910), Sec. 900, Sec. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 900, Sec. 1, eff. 3 (H.B. 1177), Sec. Sept. 1, 1994; Acts 1999, 76th Leg., ch. September 1, 2015. by the person or under the person's control. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio; (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or. 32, eff. 91 (S.B. September 1, 2005. September 1, 2021. Amended by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 46.041 | Sec. 324 (S.B. (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). 19.004, eff. WebThe Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). Acts 2005, 79th Leg., Ch. September 1, 2021. 3(2), eff. 437 (H.B. 518 (S.B. 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). Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 3.20, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 24, eff. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. Booking Number: CB33MB02272023. 8, eff. 1, eff. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. (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. 324, Sec. 679 (H.B. (f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense: (1) is designated by a law of this state as a felony; (2) contains all the elements of an offense designated by a law of this state as a felony; or. 46.06 and amended by Acts 1993, 73rd Leg., ch. (d) An offense under this section is a Class A misdemeanor, except that: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and. 794 (S.B. 21.001(40), eff. 46.10 by Acts 1993, 73rd Leg., ch. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 693 (H.B. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. It also covered carrying a handgun while intoxicated and carrying at a government meeting. June 20, 1997; Acts 1997, 75th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 12/31/2022 146029 sheikh, hamzah mohammad 19926 rhodes rd spring tx 77379 texas dept of public safety sh 249/ fm 149 instanter ccl5 unl carrying weapon 500 instanter ccl5 (pom) poss marij < 2oz 500 12/31/2022 72119 SMITH, TRISTAN NICHOLE 163 CROCKETT MARTIN N CONROE TX 77303 TEXAS DEPT OF PUBLIC SAFETY 11), Sec. (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. Under the current law, Texas Penal Code Section 46.15 exempts many people from the applicability of both the current and prior versions of the UCW law. September 1, 2019. 229, Sec. 46.04. Sept. 1, 1994. January 1, 2021. 1935), Sec. (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 person's control at any time in which: (1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or, (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or. September 1, 2019. 679 (H.B. 1237), Sec. 1969), Sec. 23, eff. 960 (H.B. ^1. September 1, 2005. 405), Sec. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. September 1, 2013. PDF. 1, eff. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. UNLAWFUL POSSESSION OF FIREARM. (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. 435), Sec. 25, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1927), 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; 216 (H.B. (d) The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty. 6, eff. September 1, 2007. September 1, 2019. (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, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer 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: (B) a qualified retired law enforcement officer; (D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies; (6) a 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 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, (B) engaged in escorting the judicial officer; or. 260, Sec. 11), Sec. 62, Sec. 1927), Sec. Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. (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. 15, eff. 3370), Sec. 45, eff. 1, eff. 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. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. 46.02 1, eff. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1221, Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 1927), Sec. 26(8), eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or. 83, Sec. 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. WebUNLAWFUL CARRYING WEAPONS. 46.07. 1488), Sec. 900, Sec. 1093 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. 4, eff. 554), Sec. 1, eff. 809 (H.B. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1304, Sec. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 2.07, eff. 46.04 | 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. So if you are under 21 years old, you can still carry a handgun to your home from your vehicle and vice versa. (C) 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. 1819), Sec. (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. 17, eff. 1927), Sec. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. The exception regarding carrying in, to, and from your home or vehicle does still apply to the people under 21 and those convicted of the offenses described above. 494, Sec. 46.12 | Sec. 325, Sec. Renumbered from Penal Code Sec. Sept. 1, 1991. September 1, 2011. This page has been updated accordingly. 5, eff. 6, eff. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. 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. 921 (H.B. 62, Sec. 1, eff. Texas Penal Code 46.02(d)^11. (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. Sept. 1, 2001. 910), Sec. This is generally a Class A misdemeanor in Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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. Acts 2017, 85th Leg., R.S., Ch. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. (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. 2, eff. (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. Sept. 1, 1999. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 550), Sec. 14.833, eff. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. September 1, 2021. 3607), Sec. (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. 809 (H.B. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: (b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility. Acts 2005, 79th Leg., Ch. May 30, 1995; Acts 1995, 74th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 957), Sec. (b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution. 910), Sec. H.B. 1049 (H.B. Acts 2017, 85th Leg., R.S., Ch. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). Acts 2019, 86th Leg., R.S., Ch. is owned by the person or under the person's control at any time in which: (1)the handgun is in plain view, unless the person is licensed to carry a handgun Sec. June 19, 2009. (2) possesses or carries an instrument used specifically for deterring an animal bite while the officer is: (B) traveling to or from a place of duty. Webunl carrying weapon texas unl carrying weapon texas. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. 3, eff. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. 17.001(62), eff. 1, eff. 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