(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. Acts 2017, 85th Leg., R.S., Ch. 46.04. 46.09. September 1, 2021. 22, eff. 46.13 | Sec. Sept. 1, 1995. Added by Acts 1985, 69th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (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. 1920), Sec. INTERSTATE PURCHASE. 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; (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 person's own premises or premises under the person's control; or. 1261, Sec. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 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. September 1, 2021. Sept. 1, 1994. September 1, 2021. Acts 1973, 63rd Leg., p. 883, ch. PDF. 873, Sec. (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. 1043, Sec. Sept. 1, 1995. 642 (H.B. 165, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. H.B. horse trailer with living quarters. In addition, Texas law contains the following exemptions: Under Section 46.15(b)(6), the Unlawful Carrying Weapons offense does not apply to holders of a CHL, whether the weapon was concealed or, under the new Open Carry law passed in 2017, carried openly in a shoulder or belt holster (the words shoulder or belt were deleted in the 87th Legislature). 14.833, eff. 46.10 | Sec. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. 910), Sec. 1, eff. (B) prohibited by law from possessing a firearm. (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 83, Sec. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. September 1, 2019. 921 (H.B. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle 46.07. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. 1060, Sec. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 976 (H.B. 46.041. by the person or under the person's control. Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. September 1, 2005. 1026 (H.B. 473), Sec. 1, eff. June 19, 2009. 1093 (H.B. Otherwise, (a-7) violations are punished as third-degree felonies. (n) The defense provided by Subsection (m) does not apply if: (1) a sign described by Subsection (o) was posted prominently at each entrance to the premises or other property, as applicable; or. [1] It is divided into six parts, each part with its own subsection. 437 (H.B. (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. 14, eff. 24, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 11), Sec. Acts 2007, 80th Leg., R.S., Ch. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. (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. 913), Sec. Acts 1973, 63rd Leg., p. 883, ch. September 1, 2021. 1143 (H.B. 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. (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. September 1, 2017. (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. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021^3. 3, eff. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). (C)under the direct supervision of a parent or legal guardian of the person. Added by Acts 1983, 68th Leg., p. 4831, ch. June 15, 2007. 1, eff. 1445, Sec. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. September 1, 2021. (b) An offense under this section is a Class A misdemeanor. (q) Section 46.03(a)(8) does not apply if the actor: (1) carries a handgun on a premises where a collegiate sporting event is taking place; (3) was not given effective notice under Section 30.06 or 30.07 of this code, as applicable. (4) occurred during a time when the actor was engaged in an agricultural enterprise. 399, Sec. 873, Sec. September 1, 2005. Added by Acts 1983, 68th Leg., p. 4832, ch. 2, eff. 3.20, eff. (o) A person may provide notice that firearms and other weapons are prohibited under Section 46.03 on the premises or other property, as applicable, by posting a sign at each entrance to the premises or other property that: (1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property"; (2) includes the language described by Subdivision (1) in both English and Spanish; (3) appears in contrasting colors with block letters at least one inch in height; and. 1815), Sec. shoulder or belt holster; or. 15.005, eff. 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. 399, Sec. 49, eff. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. (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. 1, eff. 1927, 87th Texas Legislature, Section 4. 647 (H.B. Acts 2009, 81st Leg., R.S., Ch. 2, eff. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. We explore the UCW law and how it has changed in more detail below. (m) It is a defense to prosecution under Section 46.03 that the actor: (1) carries a handgun on a premises or other property on which the carrying of a weapon is prohibited under that section; (2) personally received from the owner of the property, or from another person with apparent authority to act for the owner, notice that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and. 8. 325, Sec. 1221, Sec. 21, eff. 910, 84th Texas Legislature, Section 51, H.B. 3, eff. 1026 (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. 1935), Sec. 20-year-old Kalani Celaya was arrested by Tom Green County Sheriff's Deputies Thursday morning for Criminal Trespass and Resisting Arrest, Search or Transport. Sec. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 2001, 77th Leg., ch. 518 (S.B. 446), Sec. Acts 2021, 87th 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. 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. Acts 2013, 83rd Leg., R.S., Ch. 746, Sec. 216 (H.B. 1, eff. 4, eff. (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. Acts 2007, 80th Leg., R.S., Ch. 91 (S.B. (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. Texas Code of Criminal Procedure Chapter 42A^16. 2, eff. 1.01, eff. Added by Acts 1995, 74th Leg., ch. 1, eff. (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, 1997. Acts 2005, 79th Leg., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. H.B. 746, Sec. 809 (H.B. (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.". 3, eff. FIREARM SMUGGLING. 790, Sec. Sept. 1, 2003. He was booked into jail at 3:02 a.m. and his bond was initially set at $462 and could be increased when he is magistrate by a Justice of the Peace. Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. Sept. 1, 1985. September 1, 2017. January 1, 2016. 535), Sec. carries on or about his or her person a handgun in a motor vehicle or watercraft that 1, eff. Acts 2017, 85th Leg., R.S., Ch. 1071, Sec. Amended by Acts 1975, 64th Leg., p. 109, ch. 554), Sec. 900, Sec. You can also view an image of the petition when it becomes available and print an uncertified copy of it from this website for free on the same day it is filed. The term does not include a temporary protective order issued before the court holds a hearing on the matter. June 20, 1997; Acts 1997, 75th Leg., ch. 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. Acts 2005, 79th Leg., Ch. 46.14 | Sec. (4) the person is not prohibited by state or federal law from possessing a firearm. 1178, Sec. 13, eff. Sec. WebIf the weapon is in your car, it has to be hidden from plain view. ^9. (4) is displayed in a conspicuous manner clearly visible to the public. 4170), Sec. In other words, (b) An offense under this section is a felony of the third degree. 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