1935), Sec. (c)An offense under this section is a felony of the third degree if the offense is 46.14 | Sec. 438 (S.B. Acts 2017, 85th Leg., R.S., Ch. 1445, Sec. (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. 1222 (H.B. (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. 153 (S.B. 693 (H.B. 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 2021, 87th Leg., R.S., Ch. 910), Sec. Sec. (4) is displayed in a conspicuous manner clearly visible to the public. 399, Sec. January 1, 2021. 2, eff. 3167), Sec. Unlawful Carry Weapon (UCW) (2) the child in discharging the firearm caused the death of or serious injury to the child. September 1, 2017. 960 (H.B. What is the difference between UCW and UPF? 873, Sec. 24, eff. Sept. 1, 1994. Added by Acts 1995, 74th Leg., ch. The term does not include: (A) volunteer emergency services personnel; (B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or. September 1, 2021. 22, eff. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. 28, eff. Redesignated from Penal Code Sec. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. 4170), Sec. 508, 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. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. 550), Sec. 2.60, eff. 1, eff. 1146 (H.B. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. Jan. 1, 1974. So if you are under 21 years old, you can still carry a handgun to your home from your vehicle and vice versa. 1.01, eff. What is a criminal street gang? 2, eff. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. 1, 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; Sept. 1, 1994. 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. 83, Sec. (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. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 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. In 2021, the 87th Legislature changed Chapter 55 of the Texas Code of Criminal Procedure to allow people who have been convicted of a Subsection (a) violation of the UCW law to receive an expunction. 2, eff. Sept. 1, 1995. Amended by Acts 1983, 68th Leg., p. 2962, ch. Acts 2005, 79th Leg., Ch. Section 922(b)(3)(A). June 15, 2007. (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. More about our Notable Victories and Press, Attorney Advertising. 852, Sec. 4173), Sec. Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. If you are arrested for a DWI and you have a handgun in your car, you could be faced with a UCW arrest under (a-1). In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle 746, Sec. Subsection (a-8) allows people in violation of subsection (a-7) to be prosecuted under (a-7) or Unlawful Possession of a Firearm or other similar law. (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. 46, Sec. 46.14. Under the current law, Texas Penal Code Section 46.15 exempts many people from the applicability of both the current and prior versions of the UCW law. (d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. 814 (H.B. September 1, 2011. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 168, Sec. 693 (H.B. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. September 1, 2017. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane 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. 299), Sec. 1, eff. 1221, Sec. (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. 900, Sec. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. 13, eff. Acts 2017, 85th Leg., R.S., Ch. (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). (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. 5, eff. 342, Sec. Renumbered from Penal Code Sec. 1, eff. 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. 2101), Sec. 809 (H.B. (C) under the direct supervision of a parent or legal guardian of the person. September 1, 2015. 1063, Sec. 46.09 by Acts 1993, 73rd Leg., ch. 23, Sec. September 1, 2021. September 1, 2011. 518 (S.B. Sept. 1, 1994; Acts 1999, 76th Leg., ch. carries on or about his or her person a handgun in a motor vehicle or watercraft that 1, eff. [6] This Nonapplicability statute has undergone significant changes in each legislative session since 2005. 15.005, eff. You may be able to get your UCW case dismissed. 2, eff. Most UCW cases involve handguns, particularly those that intersect 1488), Sec. (B) engaged in escorting the judicial officer; (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code; or. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. Sept. 1, 1994. Sept. 1, 2001. September 1, 2017. 1, eff. 1862), Sec. 1815), Sec. 467 (H.B. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person 45, eff. September 1, 2013. 1049 (H.B. 642 (H.B. Renumbered from Penal Code Sec. 2730), Sec. 1, eff. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 11, eff. by the person or under the person's control; or. 37-year-old Abel Buitron-Salas was arrested early Saturday morning by San Angelo Police for Aggravated Assault with a Deadly Weapon and and Public Intoxication. June 20, 2003. 399, Sec. 17.001(62), eff. 1927), Sec. 46.02 746, Sec. Acts 2019, 86th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. September 1, 2007. 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. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. unl carrying weapon texas 27 Feb. unl carrying weapon texas. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. If the state cant prove that you did not intentionally, knowingly, or recklessly carry the weapon, regardless of the other circumstances, then you should win your case if youre being prosecuted under one of those subsections. September 1, 2019. 1, eff. 11), Sec. Acts 2017, 85th Leg., R.S., Ch. April 1, 2019. September 1, 2021. alcoholic beverages. 203, Sec. 2112), Sec. 3(2), eff. 288 (H.B. 49, Sec. (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. 1815), Sec. (2) an offense under Subsection (a)(7) is a state jail felony. 1, eff. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. Sept. 1, 1991. 46.04 | Sec. 1, eff. 10.03, 31.01(70), eff. by the person or under the person's control. 10.02, eff. 913), Sec. Acts 2009, 81st Leg., R.S., Ch. It also covered carrying a handgun while intoxicated and carrying at a government meeting. 1069), Sec. [15] However, Sec. 12, eff. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. (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). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1927), Sec. 8, eff. (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 1, eff. 167, Sec. 1146 (H.B. (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. 2, eff. 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