carries on or about his or her person a handgun in a motor vehicle or watercraft that 535), Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. 1, eff. 2.60, eff. (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited; (7) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (8) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event; (9) on the premises of a correctional facility; (10) on the premises of a civil commitment facility; (11) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate; (12) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration; (14) in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter. 1927), Sec. Acts 2021, 87th Leg., R.S., Ch. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. September 1, 2017. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. 10.03, 31.01(70), eff. 1049 (H.B. 1927), Sec. Acts 2011, 82nd Leg., 1st C.S., Ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (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. Webunl carrying weapon texas unl carrying weapon texas. 4170), Sec. 2225), Sec. https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code - PENAL 46.02. Acts 1973, 63rd Leg., p. 883, ch. 421, Sec. 25), Sec. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. 693 (H.B. 790, Sec. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. 852, Sec. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. September 1, 2011. 14, eff. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE Section 923. September 1, 2017. 216 (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. 12, eff. 809 (H.B. (2) the child in discharging the firearm caused the death of or serious injury to the child. 173 (S.B. 1, eff. 554, Sec. 1199 (H.B. Added by Acts 1995, 74th Leg., ch. 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. 46.035 | Sec. The term includes a travel trailer, camping trailer, truck camper, motor home, and 46.06 and amended by Acts 1993, 73rd Leg., ch. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 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. (e) Section 46.02(a-4) does not apply to an individual carrying a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is significant to the performance of the ceremony. Acts 2009, 81st Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 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. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021^3. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. 165, Sec. May 30, 1995; Acts 1995, 74th Leg., ch. September 1, 2021. 25, eff. 320, Sec. Sec. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person Sept. 1, 1991. Arrest and booking photos are provided by law enforcement officials. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. (2) the date of the person's release from community supervision following conviction of the misdemeanor. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. (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. Acts 1973, 63rd Leg., p. 883, ch. 216 (H.B. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle 46.14 | Sec. Sept. 1, 1994; Acts 2003, 78th Leg., ch. September 1, 2009. Sec. 2.79; Acts 1991, 72nd Leg., ch. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. (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, 2005. (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. Acts 2019, 86th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 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. Sept. 1, 1999. 910), Sec. Arrest and booking photos are provided by law enforcement officials. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. DEADLY WEAPON IN PENAL INSTITUTION. 809 (H.B. 1819), Sec. Subsection (a-5) makes it illegal to intentionally carry a handgun in plain view in a public place unless the handgun is in a holster. 26(9), eff. 46.08 | Sec. This element can often be difficult for the state to prove. 2110), Sec. 3.20, eff. (2) at the actor's residence or place of employment. 976 (H.B. Acts 2009, 81st Leg., R.S., Ch. 900, Sec. 1093 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1221, Sec. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. September 1, 2007. 1.01, eff. September 1, 2021. (a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions. 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. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. 910, 84th Texas Legislature, Section 51, H.B. September 1, 2005. 794 (S.B. (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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 6, eff. Age: 33. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 46.09 by Acts 1993, 73rd Leg., ch. 1, eff. 4, eff. 46.02 Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2021. 1927), Sec. 1, eff. 790, Sec. Acts 2013, 83rd Leg., R.S., Ch. Redesignated from Penal Code Sec. 1, eff. September 1, 2017. 1143 (H.B. September 1, 2005. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 2, 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; (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. September 1, 2011. 15, eff. (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, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer 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: (B) a qualified retired law enforcement officer; (D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies; (6) a 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 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, (B) engaged in escorting the judicial officer; or. 1049 (H.B. June 20, 2003. 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. (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. Acts 2021, 87th Leg., R.S., Ch. 550), Sec. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. 2, eff. 26(9), eff. September 1, 2007. by the person or under the person's control. 3, eff. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, DPS Releases New Sex Offender Deregistration Eligibility List, Federal Sentencing Guidelines: Proposed Updates for 2023. (2) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. (C)a member of a criminal street gang, as defined by Section 71.01. 1304, Sec. Amended by Acts 1975, 64th Leg., p. 918, ch. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. Texas Penal Code 46.02^2. 1060, Sec. Straight probation is also allowed to be imposed by both the judge and jury. 1188), Sec. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. Booking Date: 2/27/2023. 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