Sec. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation (a-4) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion. 324, Sec. 852, Sec. 2, eff. September 1, 2021. 1815), Sec. ^1. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 1, eff. (c) It is an affirmative defense to prosecution under this section that the child's access to the firearm: (1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes; (2) consisted of lawful defense by the child of people or property; (3) was gained by entering property in violation of this code; or. Sept. 1, 1987; Acts 1987, 70th Leg., ch. January 1, 2016. Unlawful Possession of Firearm Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2021. (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. 1093 (H.B. Amended by Acts 1995, 74th Leg., ch. 714, Sec. 1889), Sec. Jan. 1, 1974. 3167), Sec. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. 46.05 | Sec. Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. 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. 728 (H.B. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. Sept. 1, 1999. 1, eff. 34 (S.B. Section 46.02 - Unlawful Carrying Weapons. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. Jan. 1, 1974. Sept. 1, 1994. Acts 2011, 82nd Leg., R.S., Ch. 4, eff. 1261, Sec. 1813), Sec. (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. (a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or. 1927), Sec. 46.12 | Sec. September 1, 2009. Amended by Acts 1983, 68th Leg., p. 2962, ch. 1261, Sec. 910), Sec. Acts 2011, 82nd Leg., R.S., Ch. 46.07 and amended by Acts 1993, 73rd Leg., ch. 46.01. 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. 1069), Sec. 1126 (H.B. 6, eff. Sept. 1, 2003. 216 (H.B. Acts 2021, 87th Leg., R.S., Ch. 1179 (S.B. Contact us. 1, eff. 2.79; Acts 1991, 72nd Leg., ch. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. September 1, 2011. September 1, 2017. MAPS AS EVIDENCE OF LOCATION OR AREA. 22, eff. 900, Sec. 1488), Sec. September 1, 2019. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Amended by Acts 1997, 75th Leg., ch. 4, eff. Unlawful Carrying Weapons on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 49, Sec. 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. 435), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 900, Sec. 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. 931, Sec. 399, Sec. Amended by Acts 1999, 76th Leg., ch. 457, Sec. (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. 2.01, eff. Acts 2021, 87th Leg., R.S., Ch. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. Webunl carrying weapon on alcohol : premises 52990012 pc 46.11(a) unl carrying weapon iat wfz 46.02 52990013 pc 46.11(a) unl carry weapon alch premises iat wfz . (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. Acts 2007, 80th Leg., R.S., Ch. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. (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. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 920 (S.B. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. Acts 2017, 85th Leg., R.S., Ch. that contains temporary living quarters and is designed to be towed by a motor vehicle. 1, eff. 900, Sec. September 1, 2021. So if you are under 21 years old, you can still carry a handgun to your home from your vehicle and vice versa. Sept. 1, 1999; Acts 2001, 77th Leg., ch. September 1, 2017. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 46, eff. (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. 520 (S.B. 320, Sec. 1927), Sec. 642 (H.B. Acts 2013, 83rd Leg., R.S., Ch. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. Sept. 1, 1999. Copyright 2023, Thomson Reuters. Jan. 1, 1974. September 1, 2007. August 1, 2016. 746, Sec. [15] However, Sec. Acts 2021, 87th Leg., R.S., Ch. Added by Acts 1985, 69th Leg., ch. 1, eff. 809 (H.B. Acts 2007, 80th Leg., R.S., Ch. 518 (S.B. Acts 2005, 79th Leg., Ch. Acts 2009, 81st Leg., R.S., Ch. 229, Sec. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 2, eff. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: (b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility. 399, Sec. 1177), Sec. 342, Sec. 4, eff. 324 (S.B. 3, eff. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. 1, eff. 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. 809 (H.B. 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. 46.08 | Sec. 1179 (S.B. (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. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. 1, eff. 1.01, eff. In H.B. 910), Sec. (b) An offense under this section is a felony of the third degree. 17.001(62), eff. 46.10 by Acts 1993, 73rd Leg., ch. September 1, 2021. (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. 957), Sec. 15.02(g), eff. (a-1)A person commits an offense if the person intentionally, knowingly, or recklessly (g-2) An offense committed under Subsection (a)(8), (a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A misdemeanor. September 1, 2007. 1, eff. 446), Sec. Jan. 1, 1974. 1, eff. 3, 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. (b) An offense under this section is a Class A misdemeanor. (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. 1143 (H.B. 1935), Sec. (b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence: (2) left the firearm in a place to which the person knew or should have known the child would gain access. 216 (H.B. September 1, 2013. 2584), Sec. 1, 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. 1049 (H.B. He has also developed groundbreaking innovations in defense strategies and tactics. Is Greg Abbott Committing the Texas Offense of Human Trafficking? WebIf the weapon is in your car, it has to be hidden from plain view. (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. September 1, 2015. 433, Sec. Acts 2017, 85th Leg., R.S., Ch. June 14, 2013. What is the difference between UCW and UPF? (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. (d)An offense under Subsection (a-4) is a Class C misdemeanor. 2.60, eff. Also, under the 2021 law changes, it no longer is necessary to have a permit to carry openly so long as the handgun is in a holster (unless one of the other UCW subsections apply). You may be able to get your UCW case dismissed. 1889), Sec. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. (b) This section does not apply to an offense under Section 46.03(a)(1). Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. 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 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. Sept. 1, 1994. September 1, 2005. 4B.21, eff. 2, 3, eff. 728 (H.B. 1, eff. Subsection (a) deals with constitutional carry. Subsection (a) of the current Texas UCW law is as follows: (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 persons own premises or premises under the persons control; or. (A) reasonably appears to be an explosive or incendiary device; or. 437 (H.B. (c)An offense under this section is a felony of the third degree if the offense is Acts 2021, 87th Leg., R.S., Ch. 48, eff. 273), Sec. 87 (S.B. 13, eff. 46.04 | 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 446), Sec. June 19, 2009. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. September 1, 2019. 518 (S.B. Sept. 1, 1994. September 1, 2015. Acts 2005, 79th Leg., Ch. 2110), Sec. (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. 3, eff. 1.01, eff. 10.02, eff. Booking Date: 2/27/2023. 1027 (H.B. 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. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. 1, eff. Now, a person cannot be charged for unlawfully carrying a firearm unless theyre under the age of 21 or they have been prohibited to own one under state or federal laws. 50, eff. Sept. 1, 2001. 957), Sec. Sept. 1, 2003. Sept. 1, 1997. 1193, Sec. 1, eff. 46.11 | Sec. Otherwise, (a-7) violations are punished as third-degree felonies. 3, eff. (f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is: (1) provided by the Texas Commission on Law Enforcement; or. committed on any premises licensed or issued a permit by this state for the sale of Acts 2007, 80th Leg., R.S., Ch. ai thinker esp32 cam datasheet 957), Sec. 473), Sec. (2) does not contain all the elements of any offense designated by a law of this state as a felony. 1, eff. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. (2) at the actor's residence or place of employment. 399, Sec. Sec. 1234 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 438 (S.B. Acts 2009, 81st Leg., R.S., Ch. 25, eff. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1, eff. 26, eff. on water, used or capable of being used for transportation on water. September 1, 2017. 3142), Sec. 324 (S.B. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; Sept. 1, 1995. 535), Sec. 790, Sec. 1, eff. 4, eff. 2101), Sec. 1043, Sec. September 1, 2005. H.B. September 1, 2021. (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. (a) In this section: (1) "Child" means a person younger than 17 years of age. 1, 2 eff. 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