Sept. 1, 1995; Acts 1995, 74th Leg., ch. (ii) in a shoulder or belt holster;a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun; (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; (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. (b) Sections 46.02, 46.03(a)(14), and 46.04(a-1) do not apply to a person who: (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution; (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity; (4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view; (5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment; and, (i) 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 weapon in plain view; or. 4, eff. In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. September 1, 2021. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 1026 (H.B. 1049 (H.B. Acts 2005, 79th Leg., Ch. 3, eff. 1049 (H.B. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. His bond was set at $2,000. 4B.21, eff. 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. Stay up-to-date with how the law affects your life. 1.01, eff. 15.003, eff. 823), Sec. 9.25, eff. 749, Sec. 1488), Sec. Acts 2007, 80th Leg., R.S., Ch. unl carrying weapon texas 27 Feb. unl carrying weapon texas. 46.13 | Sec. 1, eff. Sept. 1, 1994. September 1, 2021. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (2) for profit or any other form of remuneration. (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (5) in or into a secured area of an airport; (6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or. September 1, 2011. 437 (H.B. 1, eff. 1188), Sec. 2, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 1, eff. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 46.11 | Sec. (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. Sept. 1, 1995. Sept. 1, 2001; Acts 2003, 78th Leg., ch. H.B. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. Acts 2019, 86th Leg., R.S., Ch. 45, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. (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. 46.08 | Sec. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 2, eff. September 1, 2021. 324 (S.B. Amended by Acts 1995, 74th Leg., ch. (C) a member of a criminal street gang, as defined by Section 71.01. 1069. 324 (S.B. 324 (S.B. 8, eff. 552, Sec. Acts 2017, 85th Leg., R.S., Ch. 26, eff. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 Current through the 87th Legislature Third Called Session. (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; (6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor; or. 165, Sec. Acts 2013, 83rd Leg., R.S., Ch. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or. 1221, Sec. Gender: M. Race: Black or African American. 1093 (H.B. 1927), Sec. Section 46.02 - Unlawful Carrying Weapons. September 1, 2011. (B) prohibited by law from possessing a firearm. Acts 2013, 83rd Leg., R.S., Ch. 1060, Sec. 21.001(40), eff. (2) possesses or carries an instrument used specifically for deterring an animal bite while the officer is: (B) traveling to or from a place of duty. 4, eff. 1, eff. 910), Sec. Sept. 1, 1994. 2.07, eff. Section 922(b)(3)(A). 25), Sec. by the person or under the person's control. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. 46.12 | Sec. WebA 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 (Prohibited Weapons) (a): Sept. 1, 1999. Acts 2007, 80th Leg., R.S., Ch. 229, Sec. Sec. (3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. (19) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. (l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and (a)(4) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. 642 (H.B. 299), Sec. September 1, 2017. September 1, 2005. 1, eff. 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. 46.11 by Acts 1993, 73rd Leg., ch. 4, eff. (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. Sec. Acts 2005, 79th Leg., Ch. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. 1927), Sec. 4, eff. 12, eff. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. 46.06 and amended by Acts 1993, 73rd Leg., ch. 28, eff. Jan. 1, 1974. 17, eff. 4, eff. 1261, Sec. H.B. 25, eff. Acts 2009, 81st Leg., R.S., Ch. 976 (H.B. 438 (S.B. 399, Sec. 1049 (H.B. 1862), Sec. September 1, 2021. 435), Sec. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 1, eff. Acts 2019, 86th Leg., R.S., Ch. (C) under the direct supervision of a parent or legal guardian of the person. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 900, Sec. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. Sept. 1, 2001. 714, Sec. (k) Section 46.02 does not apply to a person who carries a handgun if: (1) the person carries the handgun while: (A) evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code, or a local state of disaster under Section 418.108, Government Code, with respect to that area; or. 3, eff. 693 (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. 25. 5.01(a)(47), eff. 3, eff. 15.002, eff. 550), Sec. 46.02. September 1, 2017. 790, Sec. 2, eff. 1, eff. Acts 2005, 79th Leg., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., 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. Acts 2007, 80th Leg., R.S., Ch. 1026 (H.B. September 1, 2015. September 1, 2017. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. In 2019, the 86th Texas Legislature removed clubs from the list of items that were illegal to carry in your car or truck in plain view.[3]. January 1, 2021. Please find below a list of all petitions or charging instruments filed and processed in Harris County District and County Courts today, Tuesday, February 28, 2023. 25, eff. 1488), Sec. 2, 3, eff. (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. Acts 2015, 84th Leg., R.S., Ch. 1935), Sec. 2, eff. unl carrying weapon texas 27 Feb. unl carrying weapon texas. 2, eff. 46.07. 3, eff. If the state cant prove that you did not intentionally, knowingly, or recklessly carry the weapon, regardless of the other circumstances, then you should win your case if youre being prosecuted under one of those subsections. 399, Sec. 1889), Sec. 405), Sec. September 1, 2021. (a-1) A person who is a member of a criminal street gang, as defined by Section 71.01, 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. 552, Sec. Sept. 1, 1995. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. Sept. 1, 1995. September 1, 2021. Section 46.15(a) of the Texas Penal Code exempts law enforcement and court officials and even some volunteer emergency personnel,[7] and Section 46.15(b) exempts certain military members, people who are traveling, hunters and fishermen, security officers, personal protection officers, CHL holders, alcoholic beverage permit holders, and law enforcement students under certain circumstances.[8]. 469 (H.B. 26(9), eff. (3) is punishable by confinement for one year or more in a penitentiary. 273), Sec. Renumbered from Penal Code Sec. 216 (H.B. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. 790, Sec. 809 (H.B. 4170), Sec. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. 1416), Sec. September 1, 2021. 1, eff. Acts 2005, 79th 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. (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. WebUNLAWFUL CARRYING WEAPONS. Texas Penal Code 46.02^2. 5.01(a)(46), eff. 1935), Sec. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. 325 (H.B. September 1, 2021. Acts 2019, 86th Leg., R.S., Ch. June 14, 2013. 809 (H.B. 15.004, eff. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly: (1) carries on or about his person a deadly weapon; or. 2300), Sec. 216 (H.B. Acts 2005, 79th Leg., Ch. (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. Sept. 1, 1985. 535), Sec. 910, 84th Texas Legislature, Section 51, effective January 1, 2016^14. 4, eff. 1304, Sec. 2, eff. This page has been updated accordingly. 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). This is generally a Class A misdemeanor in Acts 2021, 87th Leg., R.S., Ch. May 18, 2013. 1126 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. H.B. If you are arrested for a DWI and you have a handgun in your car, you could be faced with a UCW arrest under (a-1). WebUNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FA 0 0 0.0000% UNL CARRY WEAPON/WEAPONS FREE ZONE 6 0 0.0000% "Total Convictions in Texas" includes all convictions reported to the state criminal history repository for the offense during the calendar year for individuals age 21 or over. 325, Sec. 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