3, eff. (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. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. 494, Sec. Webunl carrying weapon texas unl carrying weapon texas. Acts 2005, 79th Leg., Ch. 342, Sec. 1221, Sec. You may be able to get your UCW case dismissed. 1261, Sec. 11), Sec. (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. 1, eff. September 1, 2009. 3142), Sec. Acts 2019, 86th Leg., R.S., Ch. (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. 21.001(40), eff. 6, eff. September 1, 2019. (b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence: (2) left the firearm in a place to which the person knew or should have known the child would gain access. September 1, 2005. 1, eff. September 1, 2007. 3, eff. September 1, 2021. Acts 2009, 81st Leg., R.S., Ch. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. Texas Penal Code 46.15(a). Acts 2013, 83rd Leg., R.S., Ch. 1. 46.035 | Sec. 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. 46.13 | Sec. 1126 (H.B. COMPONENTS OF EXPLOSIVES. 900, Sec. September 1, 2005. September 1, 2017. 216 (H.B. WebUNLAWFUL CARRYING WEAPONS. MAKING A FIREARM ACCESSIBLE TO A CHILD. (C)under the direct supervision of a parent or legal guardian of the person. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 1, eff. DEFINITIONS. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 11), Sec. 12/31/2022 146029 sheikh, hamzah mohammad 19926 rhodes rd spring tx 77379 texas dept of public safety sh 249/ fm 149 instanter ccl5 unl carrying weapon 500 instanter ccl5 (pom) poss marij < 2oz 500 12/31/2022 72119 SMITH, TRISTAN NICHOLE 163 CROCKETT MARTIN N CONROE TX 77303 TEXAS DEPT OF PUBLIC SAFETY (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. 229, Sec. 2, eff. 1237), Sec. (m) Sections 46.02, 46.03, and 46.035(b) and (c) do not apply to a first responder who: (1) was carrying a handgun in a concealed manner or in a shoulder or belt holster; (2) holds an unexpired certificate of completion under Section 411.184, Government Code, at the time of engaging in the applicable conduct; (3) was engaged in the actual discharge of the first responder's duties while carrying the handgun; and. Amended by Acts 1999, 76th Leg., ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 554), Sec. 71, eff. 10.02, eff. Renumbered from Penal Code Sec. 1, eff. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. 1889), Sec. 1222 (H.B. September 1, 2007. 437 (H.B. 11), Sec. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. (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. (b)Except as provided by Subsection (c) or (d), an offense under this section is 2, eff. 552, Sec. Acts 2005, 79th Leg., Ch. 2, eff. September 1, 2017. 1026 (H.B. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 46.05 | Sec. January 1, 2016. 2018), Sec. 1060, Sec. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Views: 10 . Stay up-to-date with how the law affects your life. 931, Sec. 438 (S.B. (g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1). Acts 2007, 80th Leg., R.S., Ch. 165, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 46.06 | Sec. Acts 2017, 85th Leg., R.S., Ch. 8, eff. 3167), Sec. 1222 (H.B. 26(10), eff. 17, eff. We explore the UCW law and how it has changed in more detail below. (7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is: (A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and. 49, Sec. Acts 2015, 84th Leg., R.S., Ch. 13, eff. (a-3) For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. He has also developed groundbreaking innovations in defense strategies and tactics. 2.01, eff. June 20, 2003. 15.002, eff. Sept. 1, 1994. 3, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. September 1, 2019. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. September 1, 2015. September 1, 2017. (b) An offense under this section is a Class A misdemeanor. Acts 2011, 82nd Leg., 1st C.S., Ch. (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. (4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either: (A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's firearm in plain view; or. 1416), 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. 320, Sec. Acts 2011, 82nd Leg., R.S., Ch. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 24, eff. (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. (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 weapon listed in Section 46.05(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution; or. (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. 2.79; Acts 1991, 72nd Leg., ch. 1488), Sec. 1261, Sec. 4, 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. 5, eff. 2112), Sec. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. Sept. 1, 1994. 2.60, eff. Sept. 1, 1999. Sept. 1, 1985. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person Renumbered from Penal Code Sec. 754, Sec. Southlake, Texas Linda Baker, Crime Reporter . Sept. 1, 2003. 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. (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. September 1, 2021. 46.08 | Sec. (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. Acts 2011, 82nd Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (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. 508, Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 1, eff. (d) It is a defense to prosecution under Subsection (a)(5) 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: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. (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.". 809 (H.B. 957), Sec. Sept. 1, 1987; Acts 1987, 70th Leg., ch. However, there are still other situations in which it is illegal to carry a handgun. 5, eff. (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. Acts 2013, 83rd Leg., R.S., Ch. 957), Sec. 13.001, eff. 1, eff. Sec. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. June 20, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Amended by Acts 2001, 77th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. 873, Sec. (ii) with the consent of the owner or operator of the vehicle or watercraft. 5, eff. Booking Number: CB33MB02272023. 7, eff. 162), Sec. 1445, Sec. Amended by Acts 1983, 68th Leg., p. 2962, ch. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. Sept. 1, 1994. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. 2.60, eff. (a-1)A person commits an offense if the person intentionally, knowingly, or recklessly 1815), Sec. 2, eff. 1, eff. 1, eff. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. 900, Sec. 1, eff. Of course, there are still some places where weapons are not allowed. 3.20, eff. Acts 2017, 85th Leg., R.S., Ch. 469 (H.B. ai thinker esp32 cam datasheet (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. 693 (H.B. Acts 2021, 87th Leg., R.S., Ch. (b) An offense under this section is a felony of the third degree. Amended by Acts 1995, 74th Leg., ch. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (3) is punishable by confinement for one year or more in a penitentiary. 1, eff. 535), Sec. Acts 2017, 85th Leg., R.S., Ch. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. (2) "School" means a private or public elementary or secondary school. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. 421, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 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. 21, eff. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. a Class A misdemeanor. 24, eff. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 2112), Sec. 1146 (H.B. committed on any premises licensed or issued a permit by this state for the sale of WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. 931, Sec. Added by 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 persons control; or (ii) with the consent of the owner or operator of the vehicle or watercraft. 1, eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1991. Acts 1973, 63rd Leg., p. 883, ch. 216 (H.B. H.B. Note, however, that Section 46.035 contained separate rules for prohibited carry by CHL holders, but this law was repealed in 2021 by H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2019. 42, eff. Jan. 1, 1974. Acts 2009, 81st Leg., R.S., Ch. September 1, 2015. Sept. 1, 1994; Acts 1999, 76th Leg., ch. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. May 30, 1995; Acts 1995, 74th Leg., ch. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. (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. 4456), Sec. 3(2), eff. September 1, 2019. September 1, 2011. Acts 2007, 80th Leg., R.S., Ch. Renumbered from Penal Code Sec. Acts 2017, 85th Leg., R.S., Ch. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle (B) prohibited by law from possessing a firearm. 2, eff. (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 by the person or under the person's control; or. September 1, 2021. Sec. Renumbered from Penal Code Sec. 229, Sec. 15.02(g), eff. DEADLY WEAPON IN PENAL INSTITUTION. ^1. (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. Acts 2007, 80th Leg., R.S., Ch. Sec. 3, eff. 518 (S.B. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. (B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. regardless of whether that use is temporary or permanent. 910, 84th Texas Legislature, Section 45, H.B. 405), Sec. Age: 33. Acts 2021, 87th Leg., R.S., Ch. 1069), Sec. (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. 2730), Sec. September 1, 2021. 852, Sec. September 1, 2019. 1193, Sec. 168, Sec. 22, eff. 3, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 1813), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. CCH Conviction counts based on CDN 446), Sec. WebIf the weapon is in your car, it has to be hidden from plain view. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. (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. (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. 1221, Sec. 693 (H.B. 62, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1815), Sec. September 1, 2017. (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. 72 (S.B. 2, eff. 1303), Sec. 5, eff. WebTexas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 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