25), Sec. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. They also answered all questions I had in a timely fashion. License holders cannot carry handguns in areas designated as gun-free zones on campus. 1889), Sec. Sept. 1, 1994. 1, eff. 693 (H.B. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 518 (S.B. An individual is prohibited from possessing a handgun while they are committing an offense (other than an offense punishable by a traffic ticket) even if they are in a generally permissible place to lawfully carry even without a license. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, eff. I was referred to Roger Jain and associates to handle a lawsuit against me. 69 , Sec. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. (2) the firearm or club is in plain view. Acts 2005, 79th Leg., Ch. 1221, Sec. Acts 2021, 87th Leg., R.S., Ch. Now imagine you get stopped and charged with DWI. Acts 2017, 85th Leg., R.S., Ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 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. (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. 1143 (H.B. HOAX BOMBS. Sept. 1, 1995. cedar park high school football coaches; chanson on va manger; volleyball clubs in pembroke pines; farewell message to my aunt who passed away. His approachable personality made it simple for me to relate my problem; there were briefing and counseling for me and my husband, and the money our opponent wanted from us did not play into his hands. 809 (H.B. 342, Sec. 921 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 13.02, eff. Mr. Jain was so easy to communicate with. 823), Sec. September 1, 2021. September 1, 2005. 1.01, eff. © 2023 Site Name. 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. 421, Sec. (2) an offense under Subsection (a)(7) is a state jail felony. Acts 2021, 87th Leg., R.S., Ch. 62, Sec. September 28, 2011. Paul is a stellar attorney and has a heart of gold! 1, eff. 34 (S.B. 46.08 by Acts 1993, 73rd Leg., ch. 1, eff. (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. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. 728 (H.B. Sept. 1, 2001. We will learn as much as possible about the circumstances that led to your interaction with the police and build a defense that could help to clear your name, get charges dropped or reduced, or support a plea deal that ensures you face reduced penalties. 15.02(f), eff. 535), Sec. September 1, 2005. 5, eff. 1, eff. UNLAWFUL CARRYING WEAPONS (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and (2) is not: (A) on the person's own premises or premises under the person's control; or (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 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or, (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or. 1, eff. TX Penal Code Ch 46.02 - Unlawful Carrying Weapons | Randall Isenberg Hablamos Espaol. It also covered carrying a handgun while intoxicated and carrying at a government meeting. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. 921 (H.B. (2) "School" means a private or public elementary or secondary school. Acts 2017, 85th Leg., R.S., Ch. All Rights Reserved. 280 (S.B. (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. Private colleges in the state may opt out of Campus Carry. Acts 2005, 79th Leg., Ch. 957), Sec. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 23, eff. 1, eff. September 1, 2005. 165, Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 693 (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 a location-restricted knife; (2) is younger than 18 years of age at the time of the offense; and. Renumbered from Penal Code Sec. 21.001(40), eff. 15.002, eff. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. 437 (H.B. Sept. 1, 1995. 318, Sec. 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. Sec. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. "Convictions of CHL Holders" includes any conviction reported to the Handgun Licensing Program for which the convictedindividual held a license to carry a handgun at the time the offense was committed. (d) An offense under Subsection (a-4) is a Class C misdemeanor. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. At Roger G. Jain & Associates, P.C., our Houston criminal defense attorneys will work tirelessly to protect you after an arrest. 3(2), eff. (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. 3, eff. 1, eff. Section 46.15(d) exempts a public security officer employed by the adjutant general from prohibitions on the carrying of a firearm, Section 46.15(e) exempts the carrying of a bowie knife or sword in a historical demonstration or in a ceremony (and beginning September 1, 2017, pursuant to H.B. 1093 (H.B. Added by Acts 1995, 74th Leg., ch. unl carry weapon/weapons free zone 2 0 0.0000% unl carrying weapon on alcohol premises 24 0 0.0000% unl carrying weapon prohibited places 129 0 0.0000% unl poss firearm by felon weapons free zone 6 0 0.0000% unl poss firearm involving family/household 27 1 3.7037% unl poss metal or body armor by felon 36 0 0.0000% unl restraint of public . 1.01, eff. 910, 84th Texas Legislature, Section 45, H.B. 2730), Sec. Renumbered from Penal Code Sec. Acts 2019, 86th Leg., R.S., Ch. 1261, Sec. (a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. 446), Sec. Acts 2017, 85th Leg., R.S., Ch. (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. 3, eff. 795, Sec. 1, eff. Call (214) 696-9253 today to get started with a conversation with a member of our criminal defense team. (4) is displayed in a conspicuous manner clearly visible to the public. 203, Sec. 14, eff. Iusto, accusamus! 15.002, eff. 46.10 by Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 46.02 Unlawful Carrying Weapons (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and (2) is not: (A) on the person's own premises or premises under the person's control; or (B) 1026 (H.B. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). September 1, 2007. Acts 2021, 87th Leg., R.S., Ch. 16.005, eff. Acts 1973, 63rd Leg., p. 883, ch. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law.2 Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. 22, eff. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or. September 1, 2021. His knowledge of the law and willingness to ask the tough questions is impressive and refreshing. 960 (H.B. June 20, 1997; Acts 1997, 75th Leg., ch. (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. September 1, 2017. 1, eff. (ii) with the consent of the owner or operator of the vehicle or watercraft. Amended by Acts 2001, 77th Leg., ch. (2) does not contain all the elements of any offense designated by a law of this state as a felony. 794 (S.B. 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 officers or investigators 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 officers duties while carrying the weapon; and. 4170), Sec. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. Roger Jain and his colleague Thomas Smith instantly recognized the key issues of my case, did world-class research very quickly and represented my needs very well. 809 (H.B. 23.001(78), eff. (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). 3 (H.B. June 15, 2007. Sec. If you are convicted of UCW, you are facing a Class A misdemeanor, unless you were on-premises licensed to sell alcoholic beverages, which makes the UCW a third-degree felony. 11, eff. May 18, 2013. 2, eff. Contacting us does not create an attorney-client relationship. This issue has been going on for a year. 15.003, eff. (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. (3) the person is not prohibited by state or federal law from possessing a firearm. 11), Sec. 1969), Sec. 1, eff. 25), Sec. 2, eff. Amended by Acts 1997, 75th Leg., ch. September 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. January 1, 2016. Acts 2009, 81st Leg., R.S., Ch. 162), Sec. I felt after speaking with him I was in good hands with a capable attorney and confident I woild be represented well. (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: September 1, 2009. 26(8), eff. Acts 2005, 79th Leg., Ch. 12, eff. A UCW charge means at least going to jail, and likely losing the gun as well. 910), Sec. Acts 2017, 85th Leg., R.S., Ch. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 24, eff. (b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution. 2.01, eff. If charged as a felony, the range of punishment is 2 to 10 years in the penitentiary and up to a $10,000 fine. Under Texas Penal Code Section 46.02, if you knowingly, intentionally, or recklessly carry a handgun on your person, and you are younger than 21, have been convicted of a specific offense during the prior five-year period, are not licensed, and are not on your own premises or inside your own motor vehicle or watercraft, then you have committed an offense. What is UCW in Texas? 1, eff. June 19, 2009. An offense under Subsection (a)(5) is a state jail felony. (19) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. 1, eff. 2, 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. (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. Renumbered from Penal Code Sec. 165, Sec. 1927, H.B. (C) under the direct supervision of a parent or legal guardian of the person. 1146 (H.B. 3, eff. According to Tex. September 1, 2015. 1, eff. (2) the date of the person's release from community supervision following conviction of the misdemeanor. 1, eff. One of the key elements of the UCW offense is whether the person being charged really intentionally, knowingly, or recklessly carried the weapon. September 1, 2019. Acts 2017, 85th Leg., R.S., Ch. Section 46.035 (a): According to this section, an LTC holder commits an offense if the license holder carries a handgun and intentionally displays the gun in plain view of another person in a public place. (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. Sept. 1, 1989; Acts 1991, 72nd Leg., 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. 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. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 3, 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. As former prosecutors, our lawyers understand the position that District Attorneys Offices often take on these types of cases and how to best evaluate your options. He is confident, straightforward, and very personable. Perhaps your spouse placed the gun in your bag, then forgot to mention it to you. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 399, Sec. Penal Code 46.035: Unlawful Carrying of a Handgun by a License Holder Texas Penal Code 46.035 applies only to license holders. 46.13. 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. Sept. 1, 1994; Acts 1999, 76th Leg., ch. September 1, 2011. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. (17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. 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). 1815), Sec. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. We understand how important it is to you to clear your name. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. (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. 814 (H.B. In general, those accused of unlawful carry will face a Class A misdemeanor charge. 1927), Sec. Added by Acts 1995, 74th Leg., ch. 1935), Sec. September 1, 2009. 2.60, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2007. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. 22, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1, eff.
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25), Sec. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. They also answered all questions I had in a timely fashion. License holders cannot carry handguns in areas designated as gun-free zones on campus. 1889), Sec. Sept. 1, 1994. 1, eff. 693 (H.B. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 518 (S.B. An individual is prohibited from possessing a handgun while they are committing an offense (other than an offense punishable by a traffic ticket) even if they are in a generally permissible place to lawfully carry even without a license. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, eff. I was referred to Roger Jain and associates to handle a lawsuit against me. 69 , Sec. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. (2) the firearm or club is in plain view. Acts 2005, 79th Leg., Ch. 1221, Sec. Acts 2021, 87th Leg., R.S., Ch. Now imagine you get stopped and charged with DWI. Acts 2017, 85th Leg., R.S., Ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 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. (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. 1143 (H.B. HOAX BOMBS. Sept. 1, 1995. cedar park high school football coaches; chanson on va manger; volleyball clubs in pembroke pines; farewell message to my aunt who passed away. His approachable personality made it simple for me to relate my problem; there were briefing and counseling for me and my husband, and the money our opponent wanted from us did not play into his hands. 809 (H.B. 342, Sec. 921 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 13.02, eff. Mr. Jain was so easy to communicate with. 823), Sec. September 1, 2021. September 1, 2005. 1.01, eff. © 2023 Site Name. 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. 421, Sec. (2) an offense under Subsection (a)(7) is a state jail felony. Acts 2021, 87th Leg., R.S., Ch. 62, Sec. September 28, 2011. Paul is a stellar attorney and has a heart of gold! 1, eff. 34 (S.B. 46.08 by Acts 1993, 73rd Leg., ch. 1, eff. (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. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. 728 (H.B. Sept. 1, 2001. We will learn as much as possible about the circumstances that led to your interaction with the police and build a defense that could help to clear your name, get charges dropped or reduced, or support a plea deal that ensures you face reduced penalties. 15.02(f), eff. 535), Sec. September 1, 2005. 5, eff. 1, eff. UNLAWFUL CARRYING WEAPONS (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and (2) is not: (A) on the person's own premises or premises under the person's control; or (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 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or, (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or. 1, eff. TX Penal Code Ch 46.02 - Unlawful Carrying Weapons | Randall Isenberg Hablamos Espaol. It also covered carrying a handgun while intoxicated and carrying at a government meeting. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. 921 (H.B. (2) "School" means a private or public elementary or secondary school. Acts 2017, 85th Leg., R.S., Ch. All Rights Reserved. 280 (S.B. (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. Private colleges in the state may opt out of Campus Carry. Acts 2005, 79th Leg., Ch. 957), Sec. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 23, eff. 1, eff. September 1, 2005. 165, Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 693 (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 a location-restricted knife; (2) is younger than 18 years of age at the time of the offense; and. Renumbered from Penal Code Sec. 21.001(40), eff. 15.002, eff. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. 437 (H.B. Sept. 1, 1995. 318, Sec. 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. Sec. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. "Convictions of CHL Holders" includes any conviction reported to the Handgun Licensing Program for which the convictedindividual held a license to carry a handgun at the time the offense was committed. (d) An offense under Subsection (a-4) is a Class C misdemeanor. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. At Roger G. Jain & Associates, P.C., our Houston criminal defense attorneys will work tirelessly to protect you after an arrest. 3(2), eff. (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. 3, eff. 1, eff. Section 46.15(d) exempts a public security officer employed by the adjutant general from prohibitions on the carrying of a firearm, Section 46.15(e) exempts the carrying of a bowie knife or sword in a historical demonstration or in a ceremony (and beginning September 1, 2017, pursuant to H.B. 1093 (H.B. Added by Acts 1995, 74th Leg., ch. unl carry weapon/weapons free zone 2 0 0.0000% unl carrying weapon on alcohol premises 24 0 0.0000% unl carrying weapon prohibited places 129 0 0.0000% unl poss firearm by felon weapons free zone 6 0 0.0000% unl poss firearm involving family/household 27 1 3.7037% unl poss metal or body armor by felon 36 0 0.0000% unl restraint of public . 1.01, eff. 910, 84th Texas Legislature, Section 45, H.B. 2730), Sec. Renumbered from Penal Code Sec. Acts 2019, 86th Leg., R.S., Ch. 1261, Sec. (a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. 446), Sec. Acts 2017, 85th Leg., R.S., Ch. (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. 3, eff. 795, Sec. 1, eff. Call (214) 696-9253 today to get started with a conversation with a member of our criminal defense team. (4) is displayed in a conspicuous manner clearly visible to the public. 203, Sec. 14, eff. Iusto, accusamus! 15.002, eff. 46.10 by Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 46.02 Unlawful Carrying Weapons (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and (2) is not: (A) on the person's own premises or premises under the person's control; or (B) 1026 (H.B. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). September 1, 2007. Acts 2021, 87th Leg., R.S., Ch. 16.005, eff. Acts 1973, 63rd Leg., p. 883, ch. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law.2 Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. 22, eff. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or. September 1, 2021. His knowledge of the law and willingness to ask the tough questions is impressive and refreshing. 960 (H.B. June 20, 1997; Acts 1997, 75th Leg., ch. (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. September 1, 2017. 1, eff. (ii) with the consent of the owner or operator of the vehicle or watercraft. Amended by Acts 2001, 77th Leg., ch. (2) does not contain all the elements of any offense designated by a law of this state as a felony. 794 (S.B. 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 officers or investigators 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 officers duties while carrying the weapon; and. 4170), Sec. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. Roger Jain and his colleague Thomas Smith instantly recognized the key issues of my case, did world-class research very quickly and represented my needs very well. 809 (H.B. 23.001(78), eff. (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). 3 (H.B. June 15, 2007. Sec. If you are convicted of UCW, you are facing a Class A misdemeanor, unless you were on-premises licensed to sell alcoholic beverages, which makes the UCW a third-degree felony. 11, eff. May 18, 2013. 2, eff. Contacting us does not create an attorney-client relationship. This issue has been going on for a year. 15.003, eff. (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. (3) the person is not prohibited by state or federal law from possessing a firearm. 11), Sec. 1969), Sec. 1, eff. 25), Sec. 2, eff. Amended by Acts 1997, 75th Leg., ch. September 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. January 1, 2016. Acts 2009, 81st Leg., R.S., Ch. 162), Sec. I felt after speaking with him I was in good hands with a capable attorney and confident I woild be represented well. (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: September 1, 2009. 26(8), eff. Acts 2005, 79th Leg., Ch. 12, eff. A UCW charge means at least going to jail, and likely losing the gun as well. 910), Sec. Acts 2017, 85th Leg., R.S., Ch. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 24, eff. (b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution. 2.01, eff. If charged as a felony, the range of punishment is 2 to 10 years in the penitentiary and up to a $10,000 fine. Under Texas Penal Code Section 46.02, if you knowingly, intentionally, or recklessly carry a handgun on your person, and you are younger than 21, have been convicted of a specific offense during the prior five-year period, are not licensed, and are not on your own premises or inside your own motor vehicle or watercraft, then you have committed an offense. What is UCW in Texas? 1, eff. June 19, 2009. An offense under Subsection (a)(5) is a state jail felony. (19) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. 1, eff. 2, 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. (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. Renumbered from Penal Code Sec. 165, Sec. 1927, H.B. (C) under the direct supervision of a parent or legal guardian of the person. 1146 (H.B. 3, eff. According to Tex. September 1, 2015. 1, eff. (2) the date of the person's release from community supervision following conviction of the misdemeanor. 1, eff. One of the key elements of the UCW offense is whether the person being charged really intentionally, knowingly, or recklessly carried the weapon. September 1, 2019. Acts 2017, 85th Leg., R.S., Ch. Section 46.035 (a): According to this section, an LTC holder commits an offense if the license holder carries a handgun and intentionally displays the gun in plain view of another person in a public place. (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. Sept. 1, 1989; Acts 1991, 72nd Leg., 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. 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. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 3, 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. As former prosecutors, our lawyers understand the position that District Attorneys Offices often take on these types of cases and how to best evaluate your options. He is confident, straightforward, and very personable. Perhaps your spouse placed the gun in your bag, then forgot to mention it to you. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 399, Sec. Penal Code 46.035: Unlawful Carrying of a Handgun by a License Holder Texas Penal Code 46.035 applies only to license holders. 46.13. 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. Sept. 1, 1994; Acts 1999, 76th Leg., ch. September 1, 2011. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. (17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. 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). 1815), Sec. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. We understand how important it is to you to clear your name. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. (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. 814 (H.B. In general, those accused of unlawful carry will face a Class A misdemeanor charge. 1927), Sec. Added by Acts 1995, 74th Leg., ch. 1935), Sec. September 1, 2009. 2.60, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2007. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. 22, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1, eff.
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