(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. Acts 2017, 85th Leg., R.S., Ch. (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. 2, eff. 3, eff. 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. (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. What is a criminal street gang? 3, 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. Acts 2017, 85th Leg., R.S., Ch. 809 (H.B. 2112), Sec. 46.12. 46.11. September 1, 2007. 852, Sec. 2, eff. 1, eff. You may be able to get your UCW case dismissed. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. 46.08. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. 1, eff. September 1, 2017. September 1, 2019. Sec. H.B. 216 (H.B. 679 (H.B. 2018), Sec. September 1, 2019. 642 (H.B. He was booked into the jail at 2:45 a.m. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and Reckless Driving. 4, eff. (a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. (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. Acts 2019, 86th Leg., R.S., Ch. (B) reentering that area following the person's evacuation; (2) not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and. 46, Sec. Sec. 960 (H.B. (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 by the person or under the person's control; or. (b) An offense under this section is a Class A misdemeanor. Texas Code of Criminal Procedure Chapter 42A^16. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. 2112), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. September 1, 2019. Sept. 1, 2001. 809 (H.B. 1935), Sec. 1889), Sec. (9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. 3 (H.B. 26(10), 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. September 1, 2021. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Renumbered from Penal Code 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; Acts 2015, 84th Leg., R.S., Ch. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. Sept. 1, 2003. 1049 (H.B. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1999. 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. 1, 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. Acts 2015, 84th Leg., R.S., Ch. 836, Sec. Sept. 1, 1994. 262, Sec. 1, eff. 16, eff. 13, eff. (2) at the actor's residence or place of employment. 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. Arrest and booking photos are provided by law enforcement officials. H.B. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. 25, eff. 2, eff. 386, Sec. September 1, 2015. 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. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. September 1, 2021. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. Sept. 1, 1983. (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) 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. 4, eff. (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. Acts 2009, 81st Leg., R.S., Ch. (d) An offense under Subsection (a-4) is a Class C misdemeanor. This element can often be difficult for the state to prove. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1.01, eff. September 1, 2009. 3, eff. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. 728 (H.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. 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. Sept. 1, 1994. The following are five things our Dallas weapons charge defense attorneys want to make sure you know about unlawful carrying under Texas law. This is generally a Class A misdemeanor in 1222 (H.B. 1927), Sec. Sept. 1, 1997. 1927. (f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 168, Sec. 46.13. (j) The provisions of Sections 46.02 and 46.03(a)(7), (a-2), (a-3), and (a-4) do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. Booking Date: 2/27/2023. Jan. 1, 1974. September 1, 2017. 1, eff. 1.01, eff. The UCW law was very different before September 1, 2021. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, 1.01, eff. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. Sept. 1, 1997; Acts 2001, 77th Leg., ch. In the State of Texas, it is perfectly legal to keep a loaded gun in ones car without needing a license to carry as long as the person who does so is not prohibited from possessing a gun for any reason. 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 Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the 1, eff. 2, eff. Sec. (f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense: (1) is designated by a law of this state as a felony; (2) contains all the elements of an offense designated by a law of this state as a felony; or. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. 435), Sec. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 1, eff. 1, eff. 87 (S.B. 679 (H.B. Sec. 46.10 by Acts 1993, 73rd Leg., ch. (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. 17, eff. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle 910), Sec. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. 1, eff. September 1, 2009. 2225), Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Amended by Acts 1995, 74th Leg., ch. 325, Sec. 1049 (H.B. Acts 2017, 85th Leg., R.S., Ch. 4170), Sec. How did the UCW statute change to make open carry legal? September 1, 2021. September 1, 2007. (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. Aug. 29, 1983; Acts 1987, 70th Leg., ch. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. 28, eff. 15.003, eff. 1060, Sec. 25, eff. 342, Sec. September 1, 2019. September 1, 2019. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. (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. Amended by Acts 1975, 64th Leg., p. 917, ch. 46.13 | Sec. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. 26(8), eff. 324, Sec. 976 (H.B. September 1, 2013. 2, eff. (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. 13.02, eff. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. (g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1). 1862), Sec. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. 1927), Sec. 1026 (H.B. Acts 2021, 87th Leg., R.S., Ch. Views: 10 . 5.01(a)(47), eff. April 1, 2019. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. We explore the UCW law and how it has changed in more detail below. The UCW law mentions the term criminal street gang. The criminal street gang definition is discussed in our article about Engaging in Organized Criminal Activity. (4) "Premises" means a building or a portion of a building. 25, eff. Added by Acts 2009, 81st Leg., R.S., Ch. 15.004, eff. September 1, 2007. 162), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1999. 46.14 | Sec. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (2) for profit or any other form of remuneration. 1416), Sec. 1049 (H.B. 5, eff. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. An offense under Subsection (a)(5) is a state jail felony. May 30, 2009. 6, eff. 15.005, eff. 1, eff. 1, eff. 1, eff. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 554), Sec. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. 15.02(f), eff. Sec. 46.04 Unlawful The exception allows people over 21 years old to carry a handgun outside of their home or vehicle so long as within 5 years of the date of carry they have not been convicted of Assault Bodily Injury (not Class C Assault), Deadly Conduct, Terroristic Threat, Disorderly Conduct subsection (a)(7) discharging a firearm in a public place, or Disorderly Conduct subsection (a)(8) displaying a firearm in a manner calculated to alarm. 46.01. (B) prohibited by law from possessing a firearm. WebThe Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). 1132), Sec. (B) engaged in providing emergency services. 1927), Sec. 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. 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. September 1, 2021. 83, Sec. 229, Sec. Sept. 1, 2003. Sec. Is Greg Abbott Committing the Texas Offense of Human Trafficking? 1, eff. 593 (S.B. 229, Sec. 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). Sept. 1, 1987; Acts 1987, 70th Leg., ch. 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. September 1, 2017. 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