(C) 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. 552, Sec. 165, Sec. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. Jan. 1, 1974. This element can often be difficult for the state to prove. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. Texas Penal Code 46.15(a). WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 1143 (H.B. Sept. 1, 1995. 554, Sec. 324 (S.B. Acts 2005, 79th Leg., Ch. 1221, Sec. September 1, 2019. 23, Sec. Amended by Acts 1987, 70th Leg., ch. 49, 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. 26, 27, eff. (h) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to a code enforcement officer who: (1) holds a certificate of registration issued under Chapter 1952, Occupations Code; and. 15.004, eff. 1, eff. 457, Sec. 165, Sec. 24, eff. Added by Acts 1995, 74th Leg., ch. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (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. 5, eff. 16, eff. Sept. 1, 1987. Acts 2015, 84th Leg., R.S., Ch. However, there are still other situations in which it is illegal to carry a handgun. (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. 405), Sec. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Added by Acts 1985, 69th Leg., 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. 1, eff. Unlawful Carry Weapon (UCW) (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or. 2300), Sec. 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. Views: 10 . (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. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. (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 September 1, 2019. 852, Sec. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. Acts 2005, 79th Leg., Ch. (C) under the direct supervision of a parent or legal guardian of the person. Sept. 1, 1994. 809 (H.B. September 1, 2005. ARREST DATE: 01/14/2023; CHARGES: 1) DRIVING WHILE INTOXICATED 2ND; 2) UNL CARRYING WEAPON; 3) POSS CS PG 1/1-B<1G; RELEASE REASON: TRANSFERRED TO COUNTY. 4, eff. (8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is: (A) on the immediate premises where the activity is conducted; or. 69 (S.B. 3, eff. 1.01, eff. 1, eff. Sept. 1, 1991. Renumbered from Penal Code Sec. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. (2) at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited. 72 (S.B. September 1, 2005. 1199 (H.B. 823), 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. Sept. 1, 1985. 260, Sec. 1303), Sec. 1049 (H.B. 1080 (H.B. 46.07 | Sec. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. Jan. 1, 1974. You may be able to get your UCW case dismissed. September 1, 2007. 1488), Sec. 873, Sec. Acts 2009, 81st Leg., R.S., Ch. 518 (S.B. 1488), Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. FIREARM SMUGGLING. Amended by Acts 1975, 64th Leg., p. 917, ch. 318, Sec. Acts 2015, 84th Leg., R.S., Ch. 920 (S.B. 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. 1, eff. 46.09. Acts 1973, 63rd Leg., p. 883, ch. Acts 2021, 87th Leg., R.S., Ch. 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. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. 4456), Sec. 900, Sec. WebIf the weapon is in your car, it has to be hidden from plain view. 1.01, eff. 2, eff. (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 licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. 1214 (H.B. 1536), Sec. 15, eff. 550), Sec. (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. 1, eff. (i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club: (1) while in a vehicle being driven on a public road; or. The UCW law was very different before September 1, 2021. Acts 2009, 81st Leg., R.S., Ch. In 2021, the Texas Acts 2021, 87th Leg., R.S., Ch. 46.02 (2) does not contain all the elements of any offense designated by a law of this state as a felony. 46.04. 1069), Sec. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. 48, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 2584), Sec. (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. 1, eff. (p) Sections 46.03(a)(7), (11), and (13) do not apply if the actor: (1) carries a handgun on the premises or other property, as applicable; (2) holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and. September 1, 2017. 481 (H.B. September 1, 2007. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. 1, eff. 1278 (H.B. CCH Conviction counts based on CDN (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. Sept. 1, 1994. 14.833, eff. 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 September 1, 2021. 46.04 | Sec. Age: 33. Sec. 62, Sec. It also covered carrying a handgun while intoxicated and carrying at a government meeting. 3, eff. (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. January 1, 2016. 165, Sec. 1214 (H.B. on water, used or capable of being used for transportation on water. MAPS AS EVIDENCE OF LOCATION OR AREA. 446), Sec. (2) at the actor's residence or place of employment. 17.001(62), eff. June 15, 2007. September 1, 2021. September 1, 2007. Sec. Straight probation is also allowed to be imposed by both the judge and jury. Sec. 1, eff. September 1, 2017. 324 (S.B. 229, Sec. 1221, Sec. Stay up-to-date with how the law affects your life. 229, Sec. (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. 2, eff. (b) This section does not apply to an offense under Section 46.03(a)(1). (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. Acts 2019, 86th Leg., R.S., Ch. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. (2) the firearm or club is in plain view. (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. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 24, eff. 910, 84th Texas Legislature, Section 51, effective January 1, 2016^14. 446), Sec. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or, (A) an official school function is taking place; or. 814 (H.B. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. 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