5.01(a)(46), eff. 4, eff. (C) under the direct supervision of a parent or legal guardian of the person. (e) Section 46.02(a-4) does not apply to an individual carrying a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is significant to the performance of the ceremony. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. 18, eff. 535), Sec. Jan. 1, 1974. 46.14. September 1, 2007. 3, eff. Sept. 1, 1999. (5) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. Acts 2021, 87th Leg., R.S., 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. ai thinker esp32 cam datasheet The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). 2112, S.B. Acts 2017, 85th Leg., R.S., Ch. 3, eff. (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. 2.60, eff. DEADLY WEAPON IN PENAL INSTITUTION. 399, Sec. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 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]. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 1214 (H.B. (C) under the direct supervision of a parent or legal guardian of the person. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. (c) An offense under this section is a felony of the third degree. 14, eff. 229, Sec. Sept. 1, 1987. The current UCW law (effective as of September 1, 2021) makes it illegal to carry a handgun outside of your home or vehicle (unless youre directly en route to and from those locations) if youre: (1) intoxicated, (2) prohibited from possessing a firearm under other law, (3) under 21 years old, or (4) convicted of certain offenses within five years from the date of carry. (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. (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. 2730), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 16.004, eff. 48, eff. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. 693, Sec. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. (a) Sections 46.02 and 46.03 do not apply to: (1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon; (2) parole officers, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officer's duties while carrying the weapon; and. 1261, Sec. AUSTIN, Texas August 1, 2016. (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. 578), Sec. 900, Sec. 2, eff. Arrest and booking photos are provided by law enforcement officials. Subsection (a-5) of the UCW law covers carrying a handgun in plain view in a public place. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2021. (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. Acts 2005, 79th Leg., Ch. (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. 437 (H.B. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 (B) prohibited by law from possessing a firearm. Texas Code of Criminal Procedure Chapter 42A^16. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. 8, eff. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the persons own property or property under the persons control or on private property with the consent of the owner of the property; or. 1920), Sec. 873, Sec. 900, Sec. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. 1001 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. 1927), Sec. (4) Repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. Sec. 1420, Sec. 1146 (H.B. 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. September 1, 2017. 686, Sec. 26(8), eff. Acts 1973, 63rd Leg., p. 883, ch. 17, eff. September 1, 2007. September 1, 2005. 1188), Sec. June 15, 2007. 809 (H.B. 1488), Sec. H.B. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, ^1. September 1, 2007. 26(9), eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. Acts 2009, 81st Leg., R.S., Ch. 46.02 Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 260, Sec. 1927), Sec. Sept. 1, 1991. 21, eff. September 1, 2021. 16, eff. 809 (H.B. 46.10 by Acts 1993, 73rd Leg., ch. 957), Sec. shoulder or belt holster; or. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 520 (S.B. 2730), Sec. 900, Sec. 642 (H.B. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. Acts 2007, 80th Leg., R.S., Ch. (c)An offense under this section is a felony of the third degree if the offense is 1026 (H.B. 46.06 and amended by Acts 1993, 73rd Leg., ch. Acts 2017, 85th Leg., R.S., 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. Sept. 1, 2001. 1, eff. 809 (H.B. 1, eff. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. Acts 1973, 63rd Leg., p. 883, ch. 1026 (H.B. 679 (H.B. 1222 (H.B. 433, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (d) An offense under this section is a Class A misdemeanor, except that: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and. H.B. WebTexas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. 2.07, eff. September 1, 2021. UNLAWFUL CARRYING WEAPONS. 913), Sec. 46.13. September 1, 2013. 46.09 by Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. WebIf the weapon is in your car, it has to be hidden from plain view. Sept. 1, 1994. 24, eff. 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. 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 Added by Acts 1983, 68th Leg., p. 4831, 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. 11, eff. [16] This is, unfortunately, a narrow category of UCW violations. 46, Sec. 437 (H.B. 473), Sec. Amended by Acts 1975, 64th Leg., p. 918, ch. (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. Sec. 1063, Sec. WebThe Texas Unlawfully Carrying a Weapon statute, which is often shortened to UCW, says that it illegal to carry a handgun or club on or about the person's body. 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). (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. 13, eff. 5, eff. 318, Sec. Acts 2021, 87th Leg., R.S., Ch. 2.60, eff. 1935), Sec. 15, eff. 46.15. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. 910), Sec. 4, eff. 1, eff. 26(9), eff. Sec. 216 (H.B. WebRoybal, 82 Wn.2d 577, 512 P.2d 718 (1973), convictions under this statute and under a city ordinance prohibiting the carrying of a concealed pistol were sustained against the claim of double jeopardy. (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. The defense we might use in your case might be different, and it will depend on the specific facts of your case. 976 (H.B. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 168, Sec. (b) This section does not apply to an offense under Section 46.03(a)(1). 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. Added by Acts 1995, 74th Leg., ch. 1935), Sec. Acts 2015, 84th Leg., R.S., Ch. 19.004, eff. 10.04, eff. (g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height: "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.". 71, eff. 1222 (H.B. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 10.03, 31.01(70), eff. September 1, 2021. (4) occurred during a time when the actor was engaged in an agricultural enterprise. 2110), Sec. 26, 27, eff. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. (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. 1536), Sec. 46.04 and amended by Acts 1993, 73rd Leg., ch. Acts 2005, 79th Leg., Ch. September 1, 2015. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 1093 (H.B. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. Redesignated from Penal Code Sec. 5, eff. 1, eff. In H.B. September 1, 2021. 25. (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. 1, eff. 795, Sec. 3, eff. 15.005, eff. Acts 2009, 81st Leg., R.S., Ch. carries on or about his or her person a handgun in a motor vehicle or watercraft that Texas Penal Code 46.02^2. Section 923. 1214 (H.B. 49, Sec. We explore the UCW law and how it has changed in more detail below. 438 (S.B. 318, Sec. 324 (S.B. Amended by Acts 1985, 69th Leg., ch. 494, Sec. Amended by Acts 1983, 68th Leg., p. 2962, ch. 552, Sec. Acts 2011, 82nd Leg., 1st C.S., Ch. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. 3, eff. 46.07 | Sec. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. This page has been updated accordingly. Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 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