Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. September 1, 2009. 10, eff. 814 (H.B. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). 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. Acts 2007, 80th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1997. 15.002, eff. 469 (H.B. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. Acts 2019, 86th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 46, Sec. Any rifle or shotgun altered so that the entire weapon is less than 26 inches long. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 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. 446), Sec. 1281 (H.B. Charge Description: UNL CARRYING WEAPON Bond Amount: $2,500.00 Charge Description: POSS MARIJ Bond Amount: $500.00 ** This post is showing arrest information only. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. (m) Sections 46.02, 46.03, and 46.035(b) and (c) do not apply to a first responder who: (1) was carrying a handgun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. 1027 (H.B. Without a concealed carry permit, you cannot carry a handgun or club outside of your own home or vehicle. Added by Acts 1995, 74th Leg., ch. 852, Sec. You should consult an attorney for advice regarding your individual situation. (3) the person is not prohibited by state or federal law from possessing a firearm. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1985, 69th Leg., ch. We invite you to contact us and welcome your calls, letters, and e-mail. 46.08 by Acts 1993, 73rd Leg., ch. (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. Acts 2005, 79th Leg., Ch. (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. After consulting with Roger, I decided to hire his firm to represent my son with a pending case in Fort bend County (AKA Fort Beast County). 52030025 proh weapon 46.05(e) pc f3 52030027 unl carrying weapon 46.02(b) pc ma 52030028 unl carry weapon knife school/edu related 46.03(g-1) pc f3 52030029 unl carrying weapon prohibited places 46.03(g) pc f3 52030030 deadly weapon in penal institution 46.10(d) pc f3 52030031 proh weapon iat wfz 46.05 46.11(a) pc f2 2, eff. September 1, 2017. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 4, eff. 2110), Sec. However, this punishment range is increased to a third-degree felony if you illegally carry a handgun on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. 216 (H.B. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. (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. 1080 (H.B. Mr. Jain was so easy to communicate with. 325 (H.B. Sept. 1, 1999. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, Expunctions for UCW Convictions: 2021 Legislative Update. This requirement is in subsections (a), (a-1), (a-4) and (a-7). (2) does not contain all the elements of any offense designated by a law of this state as a felony. Section 46.035 (a): According to this section, an LTC holder commits an offense if the license holder carries a handgun and intentionally displays the gun in plain view of another person in a public place. (C) under the direct supervision of a parent or legal guardian of the person. Sec. 795, Sec. 976 (H.B. 3, eff. 481 (H.B. Sept. 1, 1997; Acts 2001, 77th Leg., ch. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 46.02. September 1, 2021. Texas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. 2018), Sec. Acts 2005, 79th Leg., Ch. 13, eff. 22, eff. Its important to note that although campus carry is legal, open carry on a campus is not legal. 473), Sec. Acts 2021, 87th Leg., R.S., Ch. 280 (S.B. 2730), Sec. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. 552, Sec. CONTACT US TODAY AT 512-457-5200. September 1, 2005. Another exception to the ability to carry a handgun in Texas is inside airports or other prohibited places. 3, eff. 578), Sec. 162), Sec. 957), Sec. September 1, 2021. 976 (H.B. September 1, 2011. 165, Sec. 809 (H.B. Acts 2005, 79th Leg., Ch. 23, eff. Sept. 1, 1994. 693 (H.B. 910, 84th Texas Legislature, Section 45, H.B. (4) Repealed by Acts 2021, 87th Leg., R.S., Ch. 2.60, 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. 910), Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. 318, Sec. 1, eff. (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device. September 1, 2011. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. May 18, 2013. Acts 2009, 81st Leg., R.S., Ch. May 30, 2009. 1488), Sec. (4) "Premises" means a building or a portion of a building. 83, Sec. unl carrying weapon texas. 1, eff. 46.13. 23.001(78), eff. (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. 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. This law firm was able to resolve the case in about 2 months. 318, Sec. 2225), Sec. 26(9), eff. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. All Rights Reserved. You may not intentionally display your handgun at a prison, a jail, a church, an amusement park, or at certain government meetings. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. (B) engaged in providing emergency services. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. FIREARM SMUGGLING. 593 (S.B. Amended by Acts 1997, 75th Leg., ch. September 1, 2021. Sept. 1, 1991. 324 (S.B. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021, 3 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. (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. 963 (S.B. UNLAWFUL CARRYING WEAPONS. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or. 165, Sec. Renumbered from Penal Code Sec. September 1, 2017. Machine guns Rifles with barrels less than 16 inches long Shotguns with barrels less than 18 inches long. Roger G. Jain was referred to me by someone I trust. 1, eff. Switchblades knives. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. 79), Sec. 87 (S.B. 642 (H.B. 2110), Sec. There are also limits to the types of knives minors can possess in public places. 5, eff. (c) In this section: (1) 4, eff. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. 399, Sec. 1, eff. Amended by Acts 1975, 64th Leg., p. 109, ch. September 1, 2019. 399, Sec. Amended by Acts 1975, 64th Leg., p. 918, ch. Acts 2011, 82nd Leg., R.S., Ch. (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. I was cleared in this shooting and having Mr.Saputo Jr. there made this whole ordeal manigable. Sept. 1, 1999. DEADLY WEAPON IN PENAL INSTITUTION. TITLE 10. 693 (H.B. The Law Governing Carrying Weapons in Texas. 1043, Sec. 1049 (H.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 794 (S.B. (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. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 2300), Sec. 2, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2021. Acts 2009, 81st Leg., R.S., Ch. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. Sept. 1, 1995. 2, eff. Acts 2019, 86th Leg., R.S., Ch. "Convictions of CHL Holders" includes any conviction reported to the Handgun Licensing Program for which the convictedindividual held a license to carry a handgun at the time the offense was committed. Sept. 1, 1997; Acts 1997, 75th Leg., ch. September 1, 2019. (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, eff. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1994. 46.035. We won our case and he did an excellent job in keeping my fiance informed throughout the process. 16.004, eff. Additionally, it is illegal to carry a handgun or club while engaged in any type of criminal activity more serious than a traffic offense. June 20, 1997; Acts 1997, 75th Leg., ch. 1278 (H.B. 1, eff. 900, 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. Sept. 1, 1983. 26(8), eff. 1126 (H.B. 16.005, eff. Acts 2021, 87th Leg., R.S., Ch. 2.07, eff. 437 (H.B. 4, eff. 1.01, eff. The term does not include a temporary protective order issued before the court holds a hearing on the matter. This authorization is enacted in conformance with 18 U.S.C. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). September 1, 2021. 4170), Sec. (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. What is the Punishment for Unlawful Carry of a Weapon in Texas? 494, Sec. 8. Sept. 1, 1995; Acts 1997, 75th Leg., ch. All Rights Reserved. 6, eff. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 437 (H.B. 2101), Sec. 1935), Sec. (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. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. Acts 2017, 85th Leg., R.S., Ch. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. Sept. 1, 2003. Acts 2015, 84th Leg., R.S., Ch. 2, eff. (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. If you have a license to carry a firearmor you fall under certain categoriesyou may legally carry firearms beyond your own property. Perhaps your spouse placed the gun in your bag, then forgot to mention it to you. Sept. 1, 1987; Acts 1989, 71st Leg., ch. He knows how the criminal justice system works from the inside out. 1261, Sec. If you are arrested or charged for Unlawful Carrying of a Weapon, call our team of criminal defense attorneys for representation at 817-203-2220 or contact us online. 1, eff. (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. (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. (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. 1193, Sec. 1237), Sec. 1927), Sec. 3, eff. 3.20, eff. (10) a person who is volunteer emergency services personnel if the person is: (A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 2.60, eff. 1049 (H.B. Unlawful Carry of Weapon in Texas, https://versustexas.com/blog/unlawful-carry-of-a-weapon/, Unlawful Carry of a Weapon License Holders. 342, Sec. (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. 438 (S.B. (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. Sept. 1, 1994. Sept. 1, 1995. This section prohibits displaying a handgun in a public place unless the handgun is in a shoulder or belt holster. 814 (H.B. 679 (H.B. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. 62, 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. (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. 229, Sec. You may not intentionally display your handgun at an institution of higher learning, even in a holster, if it is the least bit visible. 1146 (H.B. 1143 (H.B. January 1, 2016. Now, a person cannot be charged for unlawfully carrying a firearm unless they're under the age of 21 or they have been prohibited to own one under state or federal laws. 1813), Sec. Acts 2015, 84th Leg., R.S., Ch. 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. (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. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. Texas law recognizes the right of its citizens to carry handguns for their own protectionunder certain circumstances. 5, eff. Paul is a stellar attorney and has a heart of gold! 1445, Sec. The Texas UCW law is codified at Texas Penal Code Section 46.02.1 It is divided into six parts, each part with its own subsection. COMPONENTS OF EXPLOSIVES. 1.01, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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.
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unl carrying weapon texas