593 (S.B. Jan. 1, 1974. 446), Sec. 21, 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. Renumbered from Penal Code Sec. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 7, eff. 1146 (H.B. Subsection (a-5) of the UCW law covers carrying a handgun in plain view in a public place. In 2021, the Texas (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. 1217 (S.B. September 1, 2005. 10, eff. 1221, Sec. September 1, 2021. 900, Sec. Acts 2015, 84th Leg., R.S., Ch. January 1, 2016. (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. The term does not include a traffic control device that: (A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and. 229, Sec. (ii) with the consent of the owner or operator of the vehicle or watercraft. 1, eff. (17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. 809 (H.B. 10.04, eff. 2, eff. September 1, 2007. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. 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. 165, Sec. Also, under the 2021 law changes, it no longer is necessary to have a permit to carry openly so long as the handgun is in a holster (unless one of the other UCW subsections apply). 72 (S.B. 1935), Sec. 9.25, eff. 3, eff. 11), Sec. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. 2, eff. (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.". 1.01, eff. 399, Sec. 679 (H.B. Sept. 1, 1997. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. Jan. 1, 1974. 3, eff. 1, eff. His bond was set at $2,000. Acts 2015, 84th Leg., R.S., Ch. Texas Penal Code 46.02(b)^10. (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 by the person or under the person's control; or. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. Sept. 1, 1994. 686), Sec. 8, eff. September 1, 2011. 433, Sec. Sept. 1, 1994. 910, 84th Texas Legislature, Section 51, H.B. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Jan. 1, 1996; Acts 1997, 75th Leg., ch. Booking Date: 2/27/2023. 2, eff. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1975, 64th Leg., p. 917, ch. (b)Except as provided by Subsection (c) or (d), an offense under this section is 25, eff. 457, Sec. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. (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. 647 (H.B. (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (5) in or into a secured area of an airport; (6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or. 23, Sec. Added by Acts 1995, 74th Leg., ch. 1143 (H.B. 1, eff. 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. September 1, 2021. 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 693, Sec. 46.12. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and 46.06 | Sec. 1, eff. 2.01, eff. 4, eff. Acts 2021, 87th Leg., R.S., Ch. 1214 (H.B. September 1, 2021. September 1, 2017. September 1, 2011. September 1, 2015. September 1, 2017. September 1, 2021. 167, Sec. 1.01, eff. 1193, Sec. Acts 2021, 87th Leg., R.S., Ch. Webunl carrying weapon texas unl carrying weapon texas. 1927), Sec. Sept. 1, 1997. Current as of April 14, 2021 | Updated by FindLaw Staff. 3, eff. (b) Section 46.02 does 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 actors 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 persons duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment and is wearing the officers uniform and carrying the officers weapon in plain view; (5) acts as a personal protection officer and carries the persons security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the persons duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the persons 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 officers weapon in plain view; or. 814 (H.B. 46.09 by Acts 1993, 73rd Leg., ch. Subsection (a-4) of the UCW law covers location-restricted knives. June 15, 2007. (3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. September 1, 2021. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 2018), Sec. 910), Sec. Prior Results Do Not Guarantee a Similar Outcome. 1303), Sec. September 1, 2011. 754, Sec. (B) prohibited by law from possessing a firearm. 1, eff. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 216 (H.B. 2, eff. September 1, 2005. 446), Sec. 1069. Section 922(b)(3)(A). 342, Sec. 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. Sept. 1, 1994. 3, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 3, eff. 1060, Sec. (h) It is a defense to prosecution under Subsection (a)(4) 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 a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if: (1) the actor is wearing a distinctive uniform; and. 320, Sec. September 1, 2013. Sept. 1, 1995. regardless of whether that use is temporary or permanent. 2, eff. 46.07 | 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, 2021. (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. 1, eff. Booking Date: 2/27/2023. Acts 2017, 85th Leg., R.S., Ch. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. 2, eff. 165, Sec. Acts 2005, 79th Leg., Ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Stay up-to-date with how the law affects your life. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. 2300), Sec. 1, eff. Otherwise, (a-7) violations are punished as third-degree felonies. 2, eff. 50, 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. (A) reasonably appears to be an explosive or incendiary device; or. 2, eff. September 1, 2007. 3, eff. 26(8), 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. 2112), Sec. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. September 1, 2017. 693 (H.B. 457, Sec. 1.01, eff. 1920), Sec. 14.833, eff. (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. on water, used or capable of being used for transportation on water. (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. Acts 2005, 79th Leg., Ch. DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. (b) An offense under this section is a felony of the third degree. 168, Sec. Acts 2005, 79th Leg., Ch. Straight probation is also allowed to be imposed by both the judge and jury. Webunl transf handgun under 18yoa 46.06(d) sb162 unlawful transfer of handgun under 18yoa 46.06(d)(1) provide false info for nics background check 46.06(d)(2) obstruct highway 46.04 and amended by Acts 1993, 73rd Leg., ch. 1, eff. (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. April 1, 2019. 46.08. Added by Acts 1995, 74th Leg., ch. 153 (S.B. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. 2, eff. 1146 (H.B. September 1, 2021. September 1, 2017. 5.01(a)(47), eff. 91 (S.B. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. (C)a member of a criminal street gang, as defined by Section 71.01. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. (C) a member of a criminal street gang, as defined by Section 71.01. 342, Sec. 578), Sec. 913), Sec. 2, eff. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 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. 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. (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. 809 (H.B. 21.001(40), eff. 4, eff. 1049 (H.B. 1093 (H.B. 10.02, eff. 4, eff. 1, eff. Acts 2007, 80th Leg., R.S., Ch. He has also developed groundbreaking innovations in defense strategies and tactics. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. (B) prohibited by law from possessing a firearm. September 1, 2019. 1234 (H.B. (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. 642 (H.B. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 203, Sec. 1416), Sec. September 1, 2019. (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. 1416), Sec. 1179 (S.B. (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. September 1, 2019. September 1, 2009. 10.02, eff. Sept. 1, 1985. Sept. 1, 1983. 12, eff. 481 (H.B. 25), Sec. 1927. (B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. 1, eff. 435), Sec. 467 (H.B. September 1, 2021. 910), Sec. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. May 18, 2013. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 280 (S.B. 2, eff. Acts 2015, 84th Leg., R.S., Ch. 6, eff. (C) under the direct supervision of a parent or legal guardian of the person. Acts 2007, 80th Leg., R.S., Ch. More about our Notable Victories and Press, Attorney Advertising. 1, eff. (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. 1, eff. 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. Sept. 1, 2003. (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. Acts 2009, 81st Leg., R.S., Ch. 46.01 | Sec. Acts 2011, 82nd Leg., R.S., Ch. (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. Acts 2011, 82nd Leg., R.S., Ch. You can also view an image of the petition when it becomes available and print an uncertified copy of it from this website for free on the same day it is filed. June 20, 2003. Booking Number: CB33MB02272023. 46.13 | Sec. Acts 2017, 85th Leg., R.S., Ch. (q) Section 46.03(a)(8) does not apply if the actor: (1) carries a handgun on a premises where a collegiate sporting event is taking place; (3) was not given effective notice under Section 30.06 or 30.07 of this code, as applicable. 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