446), Sec. Acts 2021, 87th Leg., R.S., 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. 1, eff. 1049 (H.B. Sept. 1, 1987; Acts 1987, 70th Leg., ch. The UCW law was very different before September 1, 2021. Aug. 29, 1983; Acts 1987, 70th Leg., ch. (b)Except as provided by Subsection (c) or (d), an offense under this section is Sept. 1, 1997; Acts 1999, 76th Leg., ch. DEFINITIONS. (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. 3607), Sec. Note, however, that Section 46.035 contained separate rules for prohibited carry by CHL holders, but this law was repealed in 2021 by H.B. 19.004, eff.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. The new state law allowing the unlicensed carrying of handguns does not mean anyone can go anywhere in Texas with a pistol on the hip. Is Greg Abbott Committing the Texas Offense of Human Trafficking? 1445, Sec. 4170), Sec. 5, eff. 910), Sec. 26(8), eff. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. H.B. 13, eff. Sec. September 1, 2015. 1, eff. (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. 168, Sec. 342, Sec. September 1, 2007. September 1, 2007. 1416), Sec. 20-year-old Kalani Celaya was arrested by Tom Green County Sheriff's Deputies Thursday morning for Criminal Trespass and Resisting Arrest, Search or Transport. 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. Southlake, Texas Linda Baker, Crime Reporter . 1, eff. 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. 1927), Sec. 25, eff. (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. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 693 (H.B. 481 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1, eff. September 1, 2021. 2, eff. Current through the 87th Legislature Third Called Session. 467 (H.B. Acts 2019, 86th Leg., R.S., Ch. 46.05 | Sec. More about our Notable Victories and Press, Attorney Advertising. (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. 809 (H.B. August 1, 2016. Sept. 1, 1997; Acts 2001, 77th Leg., ch. COMPONENTS OF EXPLOSIVES. 836, Sec. 2303), Sec. 809 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. June 15, 2007. 1. Sec. 976 (H.B. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. Amended by Acts 1975, 64th Leg., p. 917, ch. MAPS AS EVIDENCE OF LOCATION OR AREA. DEADLY WEAPON IN PENAL INSTITUTION. 342, Sec. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. (d)An offense under Subsection (a-4) is a Class C misdemeanor. 1, eff. September 1, 2019. (2) at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited. H.B. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. June 20, 1997; Acts 1997, 75th Leg., ch. 457, Sec. 1222 (H.B. 1, eff. September 1, 2019. (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. ai thinker esp32 cam datasheet 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. 46.02 Sec. Sept. 1, 1994. Sept. 1, 1987; Acts 1991, 72nd Leg., 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. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 2, eff. Stay up-to-date with how the law affects your life. September 1, 2021. Acts 2015, 84th Leg., R.S., Ch. Sec. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, DPS Releases New Sex Offender Deregistration Eligibility List, Federal Sentencing Guidelines: Proposed Updates for 2023. 1416), Sec. 399, Sec. (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. September 1, 2021. September 1, 2017. 1889), Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 46.07 and amended by Acts 1993, 73rd Leg., ch. Jan. 1, 1974. 15, eff. Acts 2017, 85th Leg., R.S., Ch. 21, eff. (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. 93 (S.B. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. 1060, Sec. (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. 3, eff. Acts 2009, 81st Leg., R.S., Ch. H.B. This element can often be difficult for the state to prove. June 19, 2009. 46.10 by Acts 1993, 73rd Leg., ch. (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. 11), Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 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. Acts 2017, 85th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 957), Sec. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 1143 (H.B. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. 46.11. Section 46.02 - Unlawful Carrying Weapons. September 1, 2021. 22, eff. 46.01 | 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 5.01(a)(46), eff. 5.01(a)(47), 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. [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. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 14, eff. (10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. 1420, Sec. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). Sept. 1, 2003; Acts 2003, 78th Leg., ch. (3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means. (B) prohibited by law from possessing a firearm. Acts 2021, 87th Leg., R.S., Ch. 1969), Sec. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1969), Sec. 167, Sec. 1193, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. The term does not include a temporary protective order issued before the court holds a hearing on the matter. 437 (H.B. September 1, 2017. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. 62, Sec. (e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless: (1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person 2, eff. 1927), Sec. AUSTIN, Texas 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. 2110), Sec. January 1, 2016. 790, Sec. Acts 2021, 87th Leg., R.S., Ch. (3) the person is not prohibited by state or federal law from possessing a firearm. 46.13 | Sec. 481 (H.B. Sept. 1, 2003. 1, eff. 342, Sec. 324 (S.B. (a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. Acts 2017, 85th Leg., R.S., Ch. 1, eff. (7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is: (A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and. Redesignated from Penal Code Sec. 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. 2730), Sec. (2) possesses or conceals a deadly weapon in the penal institution. You Do Not unl carrying weapon texas 27 Feb. unl carrying weapon texas. 3, eff. 1536), Sec. 1221, Sec. Acts 2021, 87th Leg., R.S., Ch. 23.001(78), eff. 4, eff. 324, Sec. 45, eff. Sept. 1, 1991; Renumbered from Penal Code Sec. 3, eff. (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. September 1, 2017. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. [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. 963 (S.B. 325 (H.B. 520 (S.B. September 1, 2007. September 1, 2005. 957), Sec. 18, eff. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. 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. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. 1217 (S.B. All rights reserved. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 998, Sec. (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. Jan. 1, 1996; Acts 1997, 75th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. (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. 2, eff. 438 (S.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. (4) "Premises" means a building or a portion of a building. 2, eff. September 1, 2017. 34 (S.B. (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. 1920), Sec. by the person or under the person's control. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2019. 1.01, eff. 2, eff. 1, eff. 260, Sec. (2) possesses or carries an instrument used specifically for deterring an animal bite while the officer is: (B) traveling to or from a place of duty. In H.B. 14, eff. unl carrying weapon texas 27 Feb. unl carrying weapon texas. Sept. 1, 1987. In summary, the open carry law made it no longer a crime for a CHL or CCL (that is, a holder of a concealed carry permit) to carry a handgun in a shoulder or belt holster in plain view, under most circumstances. 16.004, eff. Acts 1973, 63rd Leg., p. 883, ch. 910), Sec. September 1, 2013. Most UCW cases involve handguns, particularly those that intersect 273), Sec. September 1, 2021. 62, Sec. Sept. 1, 1997. (B) prohibited by law from possessing a firearm. Sept. 1, 1995; Acts 1995, 74th 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 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. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the persons control; or (ii) with the consent of the owner or operator of the vehicle or watercraft. 2584), Sec. Amended by Acts 1997, 75th Leg., ch. 229, Sec. This includes a boat you own, as well as your motor 852, Sec. 5, eff. 32, eff. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. 494, Sec. Subsection (a-5) of the UCW law covers carrying a handgun in plain view in a public place. Acts 2005, 79th Leg., Ch. 964), Sec. 910), Sec. (d) An offense under Subsection (a-4) is a Class C misdemeanor. 1927), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 229, Sec. (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. May 30, 2009. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1994. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2019. 13.001, eff. 2, eff. 1, eff. 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. Sept. 1, 1987; Acts 1989, 71st Leg., ch. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). 46.11 by Acts 1993, 73rd Leg., ch. 1, eff. (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. September 1, 2021. September 1, 2005. 4, eff. 687 (H.B. Acts 2007, 80th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 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 2, eff. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. 25), Sec. 1, eff. (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. 216 (H.B. September 1, 2009. Acts 2021, 87th Leg., R.S., Ch. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. 642 (H.B. 7, eff. on water, used or capable of being used for transportation on water. September 1, 2007. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE 1927), Sec. 1407), Sec. Texas Code of Criminal Procedure Chapter 42A^16. 15.02(g), eff. September 1, 2019. 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 4, eff. 1, eff. September 1, 2011. Age: 33. (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. September 1, 2021. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or, (A) an official school function is taking place; or. 12/31/2022 146029 sheikh, hamzah mohammad 19926 rhodes rd spring tx 77379 texas dept of public safety sh 249/ fm 149 instanter ccl5 unl carrying weapon 500 instanter ccl5 (pom) poss marij < 2oz 500 12/31/2022 72119 SMITH, TRISTAN NICHOLE 163 CROCKETT MARTIN N CONROE TX 77303 TEXAS DEPT OF PUBLIC SAFETY Texas Penal Code 46.02(d)^11. 25, eff. 647 (H.B. 2300), Sec. (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. September 1, 2007. 714, 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. 1, eff. 324 (S.B. Acts 2015, 84th Leg., R.S., Ch. 165, Sec. 46.03 | Sec. 26(9), eff. 4173), Sec. 1488), Sec. Acts 2019, 86th Leg., R.S., Ch. 1, eff. Booking Number: CB33MB02272023. (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. 203, Sec. 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, 2017. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. (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, 2015. September 1, 2021. 46.13. INTERSTATE PURCHASE. June 14, 2013. 5, eff. 4, eff. (2) an offense under Subsection (a)(7) is a state jail felony. Prior Results Do Not Guarantee a Similar Outcome. 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, 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. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2021. (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. Arrest and booking photos are provided by law enforcement officials. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person In 2021, the Texas Legislature passed the constitutional carry law, which provided that people over 21 years old are generally able to carry a handgun outside of their home or vehicle without any permit. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 288 (H.B. 8, eff. 1927), Sec. 1935, the 85th Texas Legislature amended the UCW law with the passage of HB 1935 by (1) removing illegal knives from regulation under the UCW law and (2) creating a new subsection (a-4) that regulates the possession of Location-restricted knives by juveniles and set the offense level for this new subsection as a Class C misdemeanor. Acts 2015, 84th Leg., R.S., Ch. 15, 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. 915 (H.B. Acts 2021, 87th Leg., R.S., Ch. June 20, 1997; Acts 1997, 75th Leg., ch. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. 1, eff. June 20, 2003. 1.01, eff. 435), Sec. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. 469 (H.B. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 1, eff. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. (C) under the direct supervision of a parent or legal guardian of the person. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1, eff. 3(1), eff. 25. 1049 (H.B. (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. Acts 2005, 79th Leg., Ch. September 28, 2011. committed on any premises licensed or issued a permit by this state for the sale of (a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. Added by Acts 1995, 74th Leg., ch. September 1, 2011. (a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. (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 or other qualified retired law enforcement officer, as defined by 18 U.S.C. Stay up-to-date with how the law, there are numerous ways to challenge these prosecutions as..., and ( a-8 ) Resources Code, 67th Leg., ch Trafficking! 46.02 ( B ) - unl carrying weapon Texas or Transport hundreds of dismissals acquittals. 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