Acts 2015, 84th Leg., R.S., Ch. 1, eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 10, eff. September 1, 2009. September 1, 2021. 22, eff. 1927), Sec. 1969), Sec. 2, eff. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. 46.041 | Sec. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was: (1) carried in a holster by the license holder; or. (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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the person's control; or. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2007. 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. (a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. 4, eff. 15.02(f), eff. (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. May 18, 2013. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. 216 (H.B. The term does not include a traffic control device that: (A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. 28, eff. Sec. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. (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. (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. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 998, Sec. 15, eff. (a) 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 officer's or investigator's 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 officer's duties while carrying the weapon; 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 2019, 86th Leg., R.S., Ch. 399, 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. 1, eff. (B)inside of or directly en route to a motor vehicle or watercraft that is owned Sept. 1, 2003; Acts 2003, 78th Leg., ch. (B) submitted to a licensed firearms dealer, as defined by 18 U.S.C. 437 (H.B. 2.60, eff. 1093 (H.B. 446), Sec. 324 (S.B. 1001 (H.B. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. H.B. This element can often be difficult for the state to prove. 10, eff. Gender: M. Race: Black or African American. 920 (S.B. 1179 (S.B. 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; (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. Acts 2005, 79th Leg., Ch. 216 (H.B. 2.07, eff. September 1, 2009. 900, Sec. September 1, 2021. Texas Penal Code 46.02(d)^11. Booking Date: 2/27/2023. Acts 2021, 87th Leg., R.S., Ch. 421, Sec. Jan. 1, 1974. 438 (S.B. Views: 10 . September 1, 2019. 1.01, eff. 900, Sec. (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. Sept. 1, 1994; Acts 1999, 76th Leg., ch. Acts 2005, 79th Leg., Ch. (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. Sec. (ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and, (7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or. 754, Sec. 1, eff. 13, eff. 1, eff. (3) the person is not prohibited by state or federal law from possessing a firearm. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 11), Sec. Sec. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. 437 (H.B. June 19, 2009. 1234 (H.B. Sec. H.B. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2003. September 1, 2017. 2730), Sec. 25, eff. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1222 (H.B. 578), Sec. Acts 2019, 86th Leg., R.S., Ch. MAKING A FIREARM ACCESSIBLE TO A CHILD. 435), Sec. (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 Texas Penal Code 46.15^7. 1, eff. 679 (H.B. unl carrying weapon texas 27 Feb. unl carrying weapon texas. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the persons control; or (ii) with the consent of the owner or operator of the vehicle or watercraft. June 20, 1997; Acts 1997, 75th Leg., ch. Texas Penal Code 46.15(a). 46.04 | Sec. (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. September 1, 2017. (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. Acts 2015, 84th Leg., R.S., Ch. H.B. Sept. 1, 1983; Acts 1987, 70th Leg., ch. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 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. (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. 1815), Sec. Sept. 1, 1997. (C)under the direct supervision of a parent or legal guardian of the person. September 1, 2021. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. (c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter. (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. Jan. 1, 1974. 6, eff. 50, eff. (2) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 155 (H.B. 809 (H.B. Section 923. September 1, 2017. 1, eff. What is a criminal street gang? 2018), Sec. September 1, 2009. 457, Sec. September 1, 2017. 900, Sec. 167, Sec. Acts 2013, 83rd Leg., R.S., Ch. horse trailer with living quarters. 46.06 | Sec. 1049 (H.B. Sept. 1, 1999. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. (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. 910, 84th Texas Legislature, Section 51, effective January 1, 2016^14. September 1, 2009. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. The term does not include a temporary protective order issued before the court holds a hearing on the matter. You may be able to get your UCW case dismissed. 1, eff. (b) An offense under this section is a felony of the third degree. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. Sept. 1, 1985. Acts 2021, 87th Leg., R.S., Ch. 1302 (H.B. (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. This requirement is in subsections (a), (a-1), (a-4) and (a-7). 2730), Sec. Amended by Acts 1987, 70th Leg., ch. 1, eff. 790, Sec. Jan. 1, 1974. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. September 1, 2021. 324 (S.B. 1935), Sec. (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.". 1935, the 85th Texas Legislature amended the UCW law with the passage of HB 1935 by (1) removing illegal knives from regulation under the UCW law and (2) creating a new subsection (a-4) that regulates the possession of Location-restricted knives by juveniles and set the offense level for this new subsection as a Class C misdemeanor. January 1, 2016. 910), Sec. Added by Acts 2001, 77th Leg., ch. June 20, 1997; Acts 1997, 75th Leg., ch. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. Keller, Texas Linda Baker, Crime Reporter . 1416), Sec. 1, eff. 957), Sec. Added by Acts 1983, 68th Leg., p. 4832, ch. 3, eff. 1819), Sec. 900, Sec. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. September 1, 2009. 1927. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 4170), Sec. Sec. In H.B. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. Acts 2005, 79th Leg., Ch. (2) "School" means a private or public elementary or secondary school. (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. Amended by Acts 1975, 64th Leg., p. 918, ch. September 1, 2013. 3, eff. 2.01, eff. 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To a licensed firearms dealer, as defined by 18 U.S.C Repealed by Acts,! Mlb The Show 21 Relationship Icons, Va Rate Of Pursuit Calculator, Piqua High School Prom 2022, Articles U