Acts 2005, 79th Leg., Ch. Current through the 87th Legislature Third Called Session. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or. Unlawful Carry Weapon (UCW) (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. 153 (S.B. Acts 2021, 87th Leg., R.S., Ch. Straight probation is also allowed to be imposed by both the judge and jury. September 1, 2017. Texas Penal Code 46.02(e)^12 H.B. 46.08 by Acts 1993, 73rd Leg., ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 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. 473), Sec. 72 (S.B. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. (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 320, Sec. 1143 (H.B. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 1, eff. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 1143 (H.B. 46.01 | Sec. 1815), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 6, eff. Acts 2011, 82nd Leg., R.S., Ch. 3, eff. Acts 2019, 86th Leg., R.S., Ch. 46.01. 262, Sec. Added by Acts 1995, 74th Leg., ch. (2) "School" means a private or public elementary or secondary school. 3, eff. 1815), Sec. September 1, 2021. 2300), Sec. 481 (H.B. 15, eff. 1927), Sec. 167, Sec. 1221, Sec. 167, Sec. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. Acts 2011, 82nd Leg., 1st C.S., Ch. 229, Sec. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. 320, Sec. Webunl carrying weapon texas unl carrying weapon texas. Acts 2005, 79th Leg., Ch. 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. Jan. 1, 1974. 2, 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. September 1, 2007. 518 (S.B. 1862), Sec. 229, Sec. 554, Sec. 7, eff. The Texas UCW law is codified at Texas Penal Code Section 46.02. (b)Except as provided by Subsection (c) or (d), an offense under this section is 1889), Sec. Jan. 1, 1974. 900, Sec. Acts 2015, 84th Leg., R.S., Ch. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. Added by Acts 1985, 69th Leg., ch. September 1, 2021. committed on any premises licensed or issued a permit by this state for the sale of 1920), Sec. Jan. 1, 1974. 42, eff. Acts 2017, 85th Leg., R.S., Ch. 3, eff. Acts 2009, 81st Leg., R.S., Ch. 1222 (H.B. 467 (H.B. 46.07 and amended by Acts 1993, 73rd Leg., ch. Renumbered from Penal Code Sec. September 1, 2017. 1071, Sec. June 19, 2009. 260, Sec. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation 4, eff. 46.04 Unlawful September 1, 2007. 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. September 1, 2019. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the person's control; or. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. 15.002, eff. Redesignated from Penal Code Sec. (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. 28, eff. 4, eff. 15.004, eff. 46.04. 1, eff. 494, Sec. 469 (H.B. September 1, 2019. 2, eff. (19) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. (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. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. April 1, 2019. Sept. 1, 1994; Acts 1999, 76th Leg., ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 21, eff. (2) possesses or conceals a deadly weapon in the penal institution. Amended by Acts 1999, 76th Leg., ch. (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. 405), Sec. 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 26(10), eff. 852, Sec. 3, eff. Amended by Acts 1995, 74th Leg., ch. Sec. 13, eff. 1, eff. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and (a-2) Notwithstanding Section 46.02(a-5), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person: (1) on the premises of an institution of higher education or private or independent institution of higher education; or. 809 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1, eff. (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. (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. 1.01, eff. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. 3, eff. Acts 2015, 84th Leg., R.S., Ch. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. (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. You Do Not (e) An offense under Subsection (a) is a felony of the third degree. Sept. 1, 2003. Acts 1973, 63rd Leg., p. 883, ch. (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. 437 (H.B. PDF. Added by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 14, eff. (b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree. (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. September 1, 2005. 13.02, eff. Renumbered from Penal Code Sec. Acts 2007, 80th Leg., R.S., Ch. (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. 3167), Sec. 342, Sec. 399, Sec. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 446), Sec. 5.01(a)(47), eff. September 1, 2021. September 1, 2017. 2730), Sec. 4, eff. 3, eff. 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]. 2, eff. 318, Sec. What is the difference between UCW and UPF? (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.". Acts 2005, 79th Leg., Ch. (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. 1, eff. 318, Sec. 342, Sec. Acts 1973, 63rd Leg., p. 883, ch. 165, Sec. 1, eff. 1416), Sec. Section 922(b)(3)(A). WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. (c) An offense under this section is a felony of the third degree. (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. 728 (H.B. 46.06 | Sec. 1, eff. 1, eff. 1261, Sec. 1.01, eff. August 1, 2016. 4, eff. September 1, 2021. 1, eff. 823), Sec. 437 (H.B. 1, eff. 5, eff. 4, eff. 318, Sec. 960 (H.B. September 1, 2009. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1927), Sec. Renumbered from Penal Code Sec. September 1, 2017. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. 229, Sec. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. 46.04 | Sec. 46.11. (2) in a holster, and the handgun and the license holder were in a motor vehicle. The following are five things our Dallas weapons charge defense attorneys want to make sure you know about unlawful carrying under Texas law. 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). Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. Under the current law, the UCW offense is punished as a Class A Misdemeanor[9] unless its an (a-4) offense (the location-restricted knife offense as described above), in which case it is a Class C Misdemeanor,[10] or its an (a-7) offense, in which case it can be either a second or third degree felony.[11]. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 790, Sec. 1, eff. 1049 (H.B. 693 (H.B. ai thinker esp32 cam datasheet Acts 2015, 84th Leg., R.S., Ch. September 1, 2021. Amended by Acts 1975, 64th Leg., p. 918, ch. Sept. 1, 1997. (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. 49, Sec. 399, Sec. 931, Sec. Acts 2021, 87th Leg., R.S., Ch. (2) does not contain all the elements of any offense designated by a law of this state as a felony. 915 (H.B. 11), Sec. 1.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1927), Sec. 25), Sec. 438 (S.B. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 1126 (H.B. Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th 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 2, eff. 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