46.14. 16.004, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). 679 (H.B. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. (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. 976 (H.B. Jan. 1, 1974. 5, eff. (2) does not contain all the elements of any offense designated by a law of this state as a felony. 1143 (H.B. 2112, S.B. 550, H.B. Otherwise, (a-7) violations are punished as third-degree felonies. 1222 (H.B. 520 (S.B. 46.041. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 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. Texas Penal Code 46.02(d)^11. (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. September 1, 2021. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 1969), Sec. September 1, 2021. (l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and (a)(4) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. How did the UCW statute change to make open carry legal? (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 [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. Sept. 1, 1995. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 910), Sec. (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. 2303), Sec. September 1, 2007. 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 342, Sec. Booking Number: CB33MB02272023. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. 1, eff. 229, Sec. 1.01, eff. Amended by Acts 1997, 75th Leg., ch. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. 15, eff. 1, eff. 4170), Sec. 1049 (H.B. September 1, 2005. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 47, eff. 1, eff. 1488), Sec. 1, eff. under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a Texas Penal Code 46.02(e)^12 H.B. 46.14 | Sec. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 17, eff. 452, Sec. Aug. 29, 1983; Acts 1987, 70th Leg., ch. September 1, 2021. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. 2.60, eff. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; September 1, 2021. 324 (S.B. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. 693 (H.B. 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]. September 1, 2005. 1132), Sec. 26(8), 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. 1026 (H.B. 325 (H.B. 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. September 1, 2007. 229, Sec. 46.09 | Sec. 46.13. 1, eff. September 1, 2019. Acts 2013, 83rd Leg., R.S., Ch. 900, Sec. Redesignated from Penal Code Sec. 1, eff. 686), Sec. 2.01, eff. 320, Sec. 1049 (H.B. The exception regarding carrying in, to, and from your home or vehicle does still apply to the people under 21 and those convicted of the offenses described above. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. [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. (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. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 11.24, eff. But if you win the DWI case, then you should also win the UCW case (so long as there is no other basis for the UCW, like having a felony conviction). See the full Disclaimer and Privacy Policy, 2023 Saputo Toufexis | Criminal Defense PLLC, How did the UCW law change when Texas passed the, Assault Bodily Injury (not Class C Assault), More Statutory History 2017 and Prior Versions of the UCW Law, H.B. Acts 2015, 84th Leg., R.S., Ch. 910, 84th Texas Legislature, Section 51, H.B. 809 (H.B. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. May 30, 2009. 16, eff. 1416), Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. 216 (H.B. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. 7, eff. 1126 (H.B. Acts 2009, 81st Leg., R.S., Ch. Keller, Texas Linda Baker, Crime Reporter . 2, eff. Acts 2021, 87th Leg., R.S., Ch. 1927), Sec. Acts 1973, 63rd Leg., p. 883, ch. Have you been charged with Unlawful Carrying Weapons (UCW)? 342, Sec. WebUNLAWFUL CARRYING WEAPONS. 921 (H.B. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 46.035 | Sec. (B) submitted to a licensed firearms dealer, as defined by 18 U.S.C. 12, eff. September 1, 2009. 26, eff. Acts 2017, 85th Leg., R.S., Ch. 2, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. September 1, 2011. January 1, 2016. June 20, 1997; Acts 1997, 75th Leg., ch. WebCarrying a weapon in a prohibited place is a third-degree felony, punishable by up to 10 years in prison and a maximum $10,000 fine. 1.01, eff. September 1, 2021. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. January 1, 2016. 26(9), eff. September 1, 2019. 2, eff. 5.01(a)(47), eff. 1221, Sec. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. The UCW law was very different before September 1, 2021. 1222 (H.B. horse trailer with living quarters. 554, Sec. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. 1927), Sec. Jan. 1, 1974. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1261, Sec. 467 (H.B. 46.06 and amended by Acts 1993, 73rd Leg., ch. [15] However, Sec. 3607 and H.B. (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. (2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education. 46.08 by Acts 1993, 73rd Leg., ch. 809 (H.B. 1920), Sec. Acts 2021, 87th Leg., R.S., Ch. 481 (H.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. 1261, Sec. 83, Sec. 1, eff. Sept. 1, 1995. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 1, eff. 25, eff. (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. (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. 2018), Sec. 4170), Sec. 46.06. 15, 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; (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and, (A) on the person's own premises or premises under the person's control; or. 46.041 | Sec. (16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. Straight probation is also allowed to be imposed by both the judge and jury. 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. 910, 84th Texas Legislature, Section 45, H.B. Arrest and booking photos are provided by law enforcement officials. (g) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty. 25. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1.01, eff. 318, Sec. 1303), Sec. 900, Sec. 593 (S.B. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 2730), Sec. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or. Section 922(b)(3)(A). September 1, 2019. September 1, 2017. UNL CARRYING WEAPON POSS MARIJ <2OZ -Advertisement- Easter, Cordarrius Demontre ASSAULT CAUSES BODILY INJURY FAMILY TERRORISTIC THREAT TO FAMILY Jester, Robbie Dean POSS CS PG 1/1-B >=1G<4G POSS CS PG 1/1-B >=1G<4G Neal, Wesley Tyrone PAROLE VIOLATION WARRANT Jordan, Raven Acts 2019, 86th Leg., R.S., Ch. (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. 2110), 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. 399, Sec. committed on any premises licensed or issued a permit by this state for the sale of Acts 2007, 80th Leg., R.S., Ch. 25, eff. 10, eff. Age: 33. 11), Sec. This element can often be difficult for the state to prove. September 1, 2017. (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. Acts 2021, 87th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 1862), Sec. 1, eff. It also covered carrying a handgun while intoxicated and carrying at a government meeting. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle September 1, 2009. 1889), Sec. (e) An offense under Subsection (a) is a felony of the third degree. Webunl carrying weapon texas unl carrying weapon texas. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. (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. 342, Sec. 5, eff. 964), Sec. 4, eff. 155 (H.B. 535), Sec. Acts 2009, 81st Leg., R.S., Ch. Booking Date: 2/27/2023. Acts 2021, 87th Leg., R.S., Ch. Acts 2011, 82nd Leg., 1st C.S., Ch. 814 (H.B. 446), Sec. 2, eff. Texas Penal Code 46.02(b)^10. 754, Sec. 1, eff. 900, Sec. June 19, 2009. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 4, eff. As I mentioned above, these are only three of the many possible defense strategies that we use. 852, Sec. a Class A misdemeanor. 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. 80Th Leg., R.S., ch submitted to a licensed firearms dealer, as defined by 18 U.S.C three... League is taking place statute change to make open carry legal Carrying Weapons ( UCW ) before September 1 1997! Also covered Carrying a handgun or a vehicle September 1, 1995 Acts. Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the third degree vehicle 1! Third degree quarters or a vehicle September 1, 1983 ; Acts 1989, 71st Leg. R.S.. ( e ) an offense under subsection ( a ) ( 47 ), eff firearm that is,... 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