September 1, 2007. 25), Sec. 2112), Sec. [5] After the passage of the open carry laws, the UCW law in effect for offenses occurring before September 1, 2017 was as follows (the phrase in bold below was added by the legislature in 2015): (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: (1) on the persons own premises or premises under the persons control; or. September 28, 2011. 1049 (H.B. 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. 1146 (H.B. Acts 1973, 63rd Leg., p. 883, ch. 1815), Sec. 437 (H.B. 1221, Sec. Acts 2009, 81st Leg., R.S., Ch. 69 (S.B. September 1, 2017. (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. (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. 1222 (H.B. 49, eff. H.B. 20.002, eff. Acts 2005, 79th Leg., Ch. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (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. (C) a member of a criminal street gang, as defined by Section 71.01. September 1, 2021. 913), Sec. Acts 2019, 86th Leg., R.S., Ch. 3, eff. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. WebA 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 (Prohibited Weapons) (a): (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. 1071, Sec. WebUNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FA 0 0 0.0000% UNL CARRY WEAPON/WEAPONS FREE ZONE 6 0 0.0000% "Total Convictions in Texas" includes all convictions reported to the state criminal history repository for the offense during the calendar year for individuals age 21 or over. 1143 (H.B. 216 (H.B. 1927), Sec. September 1, 2021. Arrest and booking photos are provided by law enforcement officials. Jan. 1, 1974. 10.02, eff. 809 (H.B. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 552, Sec. Acts 2007, 80th Leg., R.S., Ch. 22, eff. on water, used or capable of being used for transportation on water. 7, eff. 1576), Sec. 2, eff. 21.001(40), eff. Acts 2015, 84th Leg., R.S., Ch. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. Booking Number: CB33MB02272023. Jan. 1, 1974. 1221, Sec. Acts 2019, 86th Leg., R.S., Ch. (C)a member of a criminal street gang, as defined by Section 71.01. (4) Repealed by Acts 2021, 87th Leg., R.S., Ch. unl carrying weapon texas 27 Feb. unl carrying weapon texas. 1069), Sec. 679 (H.B. (12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. 6, eff. Acts 2019, 86th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 746, Sec. (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 3, eff. 69 , Sec. Sept. 1, 1999. 1935), Sec. 28, eff. 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. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. 320, Sec. shoulder or belt holster; or. 3, eff. (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. 25, eff. FIREARM SMUGGLING. 3, eff. 3(2), eff. 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. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 4, eff. August 1, 2016. Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. January 1, 2016. 342, Sec. Sept. 1, 1995. Acts 1973, 63rd Leg., p. 883, ch. 1.01, eff. 49, Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 913), Sec. 1, eff. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. Acts 2017, 85th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 1261, Sec. 46.12. Sept. 1, 1987. 46.11 by Acts 1993, 73rd Leg., ch. Subsection (a-6) makes it illegal to carry a handgun while intoxicated unless youre in your own property or property that you have consent to be in, inside of or own your way to your own vehicle or a vehicle which you have consent to be in. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Contact us. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited; (7) 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; (8) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event; (9) on the premises of a correctional facility; (10) on the premises of a civil commitment facility; (11) 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 person has written authorization of the hospital or nursing facility administration, as appropriate; (12) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration; (14) in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter. 910), Sec. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. (i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club: (1) while in a vehicle being driven on a public road; or. June 15, 2007. 50, eff. 46.09 by Acts 1993, 73rd Leg., ch. (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. Acts 2015, 84th Leg., R.S., Ch. (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. 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. He was booked into the jail at 2:45 a.m. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and Reckless Driving. HOAX BOMBS. September 1, 2009. September 1, 2017. We explore the UCW law and how it has changed in more detail below. Straight probation is also allowed to be imposed by both the judge and jury. 2225), Sec. 1126 (H.B. June 19, 2009. 3607), Sec. Acts 2021, 87th Leg., R.S., Ch. The following are five things our Dallas weapons charge defense attorneys want to make sure you know about unlawful carrying under Texas law. H.B. Renumbered from Penal Code Sec. [4] The law in effect for offenses occurring on or after September 1, 2017, but before September 1, 2019, is below (language removed from the 2015 version of the law is indicated in strikethrough): (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and. Acts 2017, 85th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 5.01(a)(46), eff. Texas Code of Criminal Procedure Chapter 42A^16. Acts 2021, 87th Leg., R.S., Ch. 2018), Sec. 216 (H.B. September 1, 2017. (e-1) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) possessed, at the screening checkpoint for the secured area, a handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and. 438 (S.B. 24, eff. 318, Sec. The exception allows people over 21 years old to carry a handgun outside of their home or vehicle so long as within 5 years of the date of carry they have not been convicted of Assault Bodily Injury (not Class C Assault), Deadly Conduct, Terroristic Threat, Disorderly Conduct subsection (a)(7) discharging a firearm in a public place, or Disorderly Conduct subsection (a)(8) displaying a firearm in a manner calculated to alarm. 23, eff. 2, eff. September 1, 2019. 554, Sec. Jan. 1, 1996; Acts 1997, 75th Leg., ch. (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. (2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun. 399, Sec. Acts 2019, 86th Leg., R.S., Ch. 1, eff. Section 46.02 - Unlawful Carrying Weapons. 910), Sec. 48, eff. Acts 2005, 79th Leg., Ch. 1261, Sec. Amended by Acts 1995, 74th Leg., ch. 14, eff. (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. 324, Sec. 1. 457, Sec. 446), Sec. 15.004, eff. (g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1). 1, eff. (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane September 1, 2009. 1815), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 324 (S.B. September 1, 2005. June 20, 1997; Acts 1997, 75th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 46.13. Sept. 1, 1991. 1.01, eff. 5, eff. (4) the person is not prohibited by state or federal law from possessing a firearm. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1935), Sec. (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. 452, Sec. 1813), Sec. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1927), Sec. 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. 809 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 153 (S.B. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. 2018), Sec. (c) Repealed by Acts 2021, 87th Leg., R.S., 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. (c) An offense under this section is a felony of the third degree. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1862), Sec. Booking Date: 2/27/2023. September 1, 2007. Sept. 1, 1985. 1935), Sec. January 1, 2016. 5, eff. 1, eff. 1, eff. 693, Sec. September 1, 2019. September 1, 2019. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. (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. Sept. 1, 1995. Jan. 1, 1974. 2112), Sec. Sept. 1, 1994. 4, eff. 1278 (H.B. (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. 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. 399, Sec. (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, 2005. Sept. 1, 2003. Acts 2005, 79th Leg., Ch. September 1, 2015. Acts 2007, 80th Leg., R.S., Ch. 446), Sec. (2) in a holster, and the handgun and the license holder were in a motor vehicle. (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. (n) The defense provided by Subsection (m) does not apply if: (1) a sign described by Subsection (o) was posted prominently at each entrance to the premises or other property, as applicable; or. (a-3) For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. 852, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 16, eff. 1889), Sec. 1815), Sec. 2, eff. INTERSTATE PURCHASE. Sept. 1, 1994. Texas Penal Code 46.02(b)^10. 168, Sec. This includes a boat you own, as well as your motor Texas Penal Code 46.15^7. Sept. 1, 2001; Acts 2003, 78th Leg., ch. What is a criminal street gang? The term does not include 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. 1889), Sec. 535), Sec. Acts 2005, 79th Leg., Ch. 13, eff. 473), Sec. (C) under the direct supervision of a parent or legal guardian of the person. September 1, 2021. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. September 1, 2021. 46.09 | Sec. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. 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]. Acts 2017, 85th Leg., R.S., Ch. a Class A misdemeanor. 1407), Sec. 1, eff. 5, eff. 2, eff. Booking Number: CB33MB02272023. 229, Sec. 1927), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. This page has been updated accordingly. (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. 3, eff. 1, 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]. 342, Sec. September 1, 2007. August 1, 2016. (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. Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. 4170), Sec. This element can often be difficult for the state to prove. 1445, Sec. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. 62, Sec. (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. 4, eff. 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 (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. 229, Sec. (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. unl carrying weapon texas 27 Feb. unl carrying weapon texas. September 1, 2017. (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. 1, eff. 1420, Sec. 1261, 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. Sept. 1, 1995. 1552), Sec. 11, eff. (2) "School" means a private or public elementary or secondary school. (C) under the direct supervision of a parent or legal guardian of the person. 4, eff. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. 1, eff. Acts 2011, 82nd Leg., 1st C.S., Ch. 467 (H.B. 49, Sec. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1995. September 1, 2005. (B)inside of or directly en route to a motor vehicle or watercraft that is owned 46.07. 411.073 of the Texas Government Code mandates a 2 year waiting period to petition the court for an order of nondisclosure after the successful completion of deferred adjudication probation. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly: (1) carries on or about his person a deadly weapon; or. 325 (H.B. (d) An offense under Subsection (a-4) is a Class C misdemeanor. Acts 2019, 86th Leg., R.S., Ch. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). (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. Amended by Acts 1999, 76th Leg., ch. 1488), Sec. Added by Acts 1995, 74th Leg., ch. June 14, 2013. (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. 1, eff. 1927), Sec. In other words, 69 (S.B. AUSTIN, Texas 46.14 | Sec. 46.08 by Acts 1993, 73rd Leg., ch. 520 (S.B. (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. 1935), Sec. September 1, 2017. 4, eff. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. 93 (S.B. 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