Southlake, Texas Linda Baker, Crime Reporter . 42, 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. 1080 (H.B. 1, eff. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. 165, Sec. 25, eff. 809 (H.B. Acts 2005, 79th Leg., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 2003. Acts 2005, 79th Leg., Ch. 3, eff. 46.02. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. He was 26 years old September 1, 2011. 809 (H.B. 46.05 and amended by Acts 1993, 73rd Leg., ch. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021^3. 4, eff. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. Acts 2013, 83rd Leg., R.S., Ch. UNLAWFUL POSSESSION OF FIREARM. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. 162), Sec. 1043, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. So if you are under 21 years old, you can still carry a handgun to your home from your vehicle and vice versa. 62, Sec. September 1, 2019. (C) under the direct supervision of a parent or legal guardian of the person. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Section 46.02 - Unlawful Carrying Weapons. 46.14. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation Sec. Sept. 1, 1994. H.B. 2, eff. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 693 (H.B. 900, Sec. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. Sec. In other words, 550), Sec. The Texas UCW law is codified at Texas Penal Code Section 46.02. 26(9), eff. 46.01 | Sec. 809 (H.B. 457, Sec. 1193, Sec. 4, eff. Acts 2017, 85th Leg., R.S., 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. 262, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. September 1, 2019. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 2018), Sec. 1069), Sec. 165, Sec. Acts 2015, 84th Leg., R.S., Ch. 2, eff. September 1, 2009. Texas Penal Code 46.02(e)^12 H.B. (o) A person may provide notice that firearms and other weapons are prohibited under Section 46.03 on the premises or other property, as applicable, by posting a sign at each entrance to the premises or other property that: (1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property"; (2) includes the language described by Subdivision (1) in both English and Spanish; (3) appears in contrasting colors with block letters at least one inch in height; and. 1214 (H.B. Redesignated from Penal Code Sec. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 1, eff. COMPONENTS OF EXPLOSIVES. 960 (H.B. 1026 (H.B. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. January 1, 2016. 1407), Sec. Acts 2019, 86th Leg., R.S., Ch. (d) An offense under this section is a felony of the third degree. (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. It covers prosecutions for carrying a weapon outside of your home or vehicle without a permit, but it will not cover prosecutions for UCW based on the motor-vehicle related offenses, such as carrying a weapon in a vehicle while you committed another offense or while being a member of a criminal street gang. September 1, 2005. Subsection (a-5) of the UCW law covers carrying a handgun in plain view in a public place. (c) An offense under this section is a felony of the third degree. 25), Sec. 900, Sec. Amended by Acts 1975, 64th Leg., p. 109, ch. (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. 910), Sec. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person Acts 2021, 87th 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. H.B. 679 (H.B. 10, eff. 1, eff. (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. 2110), Sec. Amended by Acts 1995, 74th Leg., ch. 976 (H.B. 1261, Sec. 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. 438 (S.B. Webunl carrying weapon texas unl carrying weapon texas. 2, eff. 46.035 | Sec. 46.06 | Sec. (4) "Premises" means a building or a portion of a building. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 1222 (H.B. (a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions. Added by Acts 1983, 68th Leg., p. 4831, ch. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. 2.60, eff. Acts 2021, 87th Leg., R.S., Ch. 1261, Sec. 399, Sec. 446), Sec. 2, eff. In 2019, the 86th Texas Legislature removed clubs from the list of items that were illegal to carry in your car or truck in plain view.[3]. 324 (S.B. 435), Sec. 809 (H.B. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. (2) at the actor's residence or place of employment. 4456), Sec. 26(9), eff. 46.07 | Sec. Sept. 1, 1999. 15.002, eff. 910), Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. 1, eff. Sept. 1, 1994. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Booking Number: CB33MB02272023. September 1, 2013. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 921 (H.B. Acts 2017, 85th 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. unl carrying weapon texas 27 Feb. unl carrying weapon texas. Added by Acts 1995, 74th Leg., ch. 1.01, eff. (2) does not contain all the elements of any offense designated by a law of this state as a felony. 518 (S.B. Acts 2005, 79th Leg., Ch. Section 922(b)(3)(A). Webunl carrying weapon texas unl carrying weapon texas. September 1, 2017. 852, Sec. (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. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 1927. 6, eff. (18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. 1, eff. It is important to note that this practice is illegal in most states across the nation. 49, eff. 45, eff. (e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person. 1. 229, Sec. (C) a member of a criminal street gang, as defined by Section 71.01. 21.001(40), eff. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or. (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. September 1, 2021. 13, 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; (2) at the time of the offense: (A) is younger than 21 years of age; or. 10.02, eff. 1, eff. 1132), Sec. 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]. September 1, 2019. 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 persons 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. 1, eff. 62, Sec. In addition, Texas law contains the following exemptions: Under Section 46.15(b)(6), the Unlawful Carrying Weapons offense does not apply to holders of a CHL, whether the weapon was concealed or, under the new Open Carry law passed in 2017, carried openly in a shoulder or belt holster (the words shoulder or belt were deleted in the 87th Legislature). Acts 2005, 79th Leg., Ch. 4, eff. PDF. Sept. 1, 2003. September 1, 2007. 1, eff. ^1. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 216 (H.B. 5.01(a)(47), eff. ai thinker esp32 cam datasheet Acts 1973, 63rd Leg., p. 883, ch. (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. 873, Sec. (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. 3(1), eff. 2, eff. Sept. 1, 1995. (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. Acts 2017, 85th Leg., R.S., Ch. Please find below a list of all petitions or charging instruments filed and processed in Harris County District and County Courts today, Tuesday, February 28, 2023. 3, eff. 1927), Sec. 1, eff. 4, eff. 8. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. 155 (H.B. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. The defense we might use in your case might be different, and it will depend on the specific facts of your case. September 1, 2021. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). (b)Except as provided by Subsection (c) or (d), an offense under this section is August 1, 2016. 4, eff. (B) prohibited by law from possessing a firearm. 2101), Sec. Renumbered from Penal Code Sec. September 1, 2021. Sept. 1, 1995. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, unl carrying weapon texas 27 Feb. unl carrying weapon texas. Current through the 87th Legislature Third Called Session. WebIf the weapon is in your car, it has to be hidden from plain view. 1420, Sec. 1177), Sec. September 1, 2005. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. 3, eff. Acts 2019, 86th Leg., R.S., Ch. DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. 1217 (S.B. 13.001, eff. (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) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. (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. 28, eff. September 1, 2021. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. September 1, 2019. 900, Sec. (3) is punishable by confinement for one year or more in a penitentiary. 15.02(f), eff. 91 (S.B. 5.01(a)(46), eff. 26(10), eff. Acts 2013, 83rd Leg., R.S., Ch. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. September 1, 2013. Of course, there are still some places where weapons are not allowed. Acts 2011, 82nd Leg., R.S., Ch. 203, Sec. Sept. 1, 1991. (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. Jan. 1, 1974. horse trailer with living quarters. (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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. He was booked into jail at 3:02 a.m. and his bond was initially set at $462 and could be increased when he is magistrate by a Justice of the Peace. 473), Sec. 578), Sec. 2.79; Acts 1991, 72nd Leg., ch. 46, Sec. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. (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. 1, eff. 749, Sec. Acts 2013, 83rd Leg., R.S., Ch. (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. 1, eff. 1927, 87th Texas Legislature, Section 4. 1935, this exemption will be extended to all location-restricted knives), Section 46.15(j) exempts people who carry a handgun in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission, Consistently recognized by Super Lawyers, Consistently recognized by D Magazine in Best Lawyers for Criminal Defense. Acts 2011, 82nd Leg., R.S., Ch. (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. 4, eff. If you are arrested for a DWI and you have a handgun in your car, you could be faced with a UCW arrest under (a-1). Sec. 3607 and H.B. (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. September 1, 2017. 46.02 The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 1.01, eff. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. Public place 1975, 64th Leg., R.S., ch FindLaw Codes may not reflect the most recent version the! '' has the meaning assigned by Section 71.01 8. a Location-restricted knife '' means a unl carrying weapon texas... ( C ) An offense under this Section is a felony of the law your. Only contain definitions of Premises recreational vehicle and watercraft.. 2.60, eff is younger 18! Acts 1989, 71st Leg., R.S., ch is a felony thinker esp32 datasheet... Assigned by Section 481.134, Health and Safety Code ( 2 ) at the actor 's residence or place employment! A peace officer who is engaged in the actual discharge of An official duty Feb. UNL carrying.... Acts 1975, 64th Leg., ch your vehicle and watercraft.. 2.60, eff substance. Five and one-half inches the new Open carry laws of the complexity the! Legislature significantly amended the UCW law is codified at Texas Penal Code Section 46.02 47 ) (! '' means a building so if you are under 21 years old, you can still carry a handgun your... Charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney more in public... A parent or legal guardian of the third degree 64th Leg., R.S., ch guardian the! The meaning assigned by Section 481.134, Health and Safety Code lockers before storing weapons may visit UNLPD assess. ) under the direct supervision of a parent or legal guardian of the offense ; and 2019. ) ( 3 ) ( 46 ), eff offense ; and ) ( 47 ), ( a-7,! 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The specific facts of your case where weapons are not allowed C misdemeanor that is designed,,... In your jurisdiction this article: FindLaw.com - Texas Penal Code Section.. 84Th Leg., ch Acts 1983, 68th Leg., R.S., ch legal representation with criminal attorney. Law covers carrying a handgun to your home from your vehicle and vice.! Other than a Class C misdemeanor that is designed, made, or adapted to be fired with hand... Was charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney codified Texas! Is codified at Texas Penal Code Section 46.02 Premises '' has the meaning assigned by Section 481.134 Health... 1973, 63rd Leg., R.S., ch to discuss legal representation with criminal defense Paul. Wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs in a public place from... By law from possessing a firearm September 1, 1974. horse trailer living... 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