46, eff. 910), Sec. CCH Conviction counts based on CDN codes 310, 311, 326, 331 . 2, 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. (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. Words cannot express how much we thank you! (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. unl carrying weapon texaswhere does jimmy and jane barnes live. Acts 2005, 79th Leg., Ch. He went above and beyond even after the completion of the case while always keeping me abreast of new inquires or possibilities. (d) An offense under this section is a Class A misdemeanor, except that: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and. Acts 2019, 86th Leg., R.S., Ch. The penalties include a fine of up to $500. how to make plumeria oil; esthetician room for rent. 24, eff. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1995. 229, Sec. 1927), Sec. Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. 1, eff. (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. FORT WORTH Primary Location 209 W. 8th St Fort Worth, TX 76102 817.993.9249 KELLER *By Appointment Only 101 Quest Court All Rights Reserved. What Is an Unlawful Carry of Weapon (UCW) in Texas? 216 (H.B. 1001 (H.B. Why not request a consultation now and let us workRead More, Roger and his team are a brilliant group of professionals. September 1, 2017. 1, eff. 809 (H.B. 2101), Sec. I contacted Mr. Paul Saputo Jr. the next day and he was very friendly and resuring when I explained the events that took place. (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. 6, eff. September 1, 2021. (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. This is generally a Class A misdemeanor in Texas although as explained below, it can become a third degree felony under certain circumstances. 46.07 and amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1985. (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. Click here for an in-depth discussion of Open Carry in Texas. Acts 2005, 79th Leg., Ch. 1813), Sec. However, college presidents have been given authority to create gun free zones within the campus. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 15.002, eff. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). Sept. 1, 1997; Acts 1997, 75th Leg., ch. 167, Sec. Acts 2009, 81st Leg., R.S., Ch. 23.001(78), eff. September 1, 2011. Available 24/7 | Se Habla Espaol, Texas Penal Code Ch 46.02 Unlawful Carrying Weapons, If you face charges of unlawful carrying weapons, consult with a. . 3, eff. September 1, 2017. JADEN JUWAN PERKINS was booked in Washington County, Texas for PC 46.03 (g) - UNL CARRYING WEAPON PROHIBITED PLACES. Rest assured that you are in good hands and that Paul is going to do everything in his power to take the best care of your case. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. Acts 2005, 79th Leg., Ch. Sept. 1, 1995. 1927), Sec. 1927), Sec. Amended by Acts 1975, 64th Leg., p. 109, ch. Acts 2007, 80th Leg., R.S., Ch. 809 (H.B. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. (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. 1488), Sec. You may not intentionally display your handgun at a prison, a jail, a church, an amusement park, or at certain government meetings. (f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is: (1) provided by the Texas Commission on Law Enforcement; or. 1969), Sec. June 19, 2009. Sec. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1994. 16, eff. 1026 (H.B. (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. (A) reasonably appears to be an explosive or incendiary device; or. Sept. 1, 1987; Acts 1987, 70th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 229, Sec. (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 actors 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 persons duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment and is wearing the officers uniform and carrying the officers weapon in plain view; (5) acts as a personal protection officer and carries the persons security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the persons duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the persons 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 officers weapon in plain view; or. (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. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. While on duty I was forced to defend myself with lethal force. Acts 2013, 83rd Leg., R.S., Ch. Learn more about Airport UCW cases in Texas. If you are arrested or charged for Unlawful Carrying of a Weapon, call our team of criminal defense attorneys for representation at 817-203-2220 or contact us online. 910), Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or. 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. If you are convicted of UCW, you are facing a Class A misdemeanor, unless you were on-premises licensed to sell alcoholic beverages, which makes the UCW a third-degree felony. 1222 (H.B. 91 (S.B. (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. UNLAWFUL CARRYING WEAPONS Sec. cedar park high school football coaches; chanson on va manger; volleyball clubs in pembroke pines; farewell message to my aunt who passed away. (B) engaged in providing emergency services. 15, eff. 5.01(a)(47), eff. (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. January 1, 2016. 1.01, eff. June 15, 2007. 1261, Sec. 216 (H.B. Acts 2007, 80th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 435), Sec. 1, eff. This information does not infer or imply guilt of any actions or activity other than their arrest. 2, 3, eff. Any rifle or shotgun altered so that the entire weapon is less than 26 inches long. Sec. May 30, 2009. 433, Sec. It covers prosecutions for carrying a weapon outside of your home or vehicle without a permit, but it will not cover prosecutions for UCW based on the motor-vehicle related offenses, such as carrying a weapon in a vehicle while you committed another offense or while being a member of a criminal street gang. 900, Sec. 46.04 Unlawful Possession of Firearm (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) Acts 2007, 80th Leg., R.S., Ch. Contacting us does not create an attorney-client relationship. 12, eff. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: (1) on the person's own premises or premises under the person's control; or. Call (214) 696-9253 today to get started with a conversation with a member of our criminal defense team. UNLAWFUL CARRYING WEAPONS. (4) the person is not prohibited by state or federal law from possessing a firearm. (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. 1, eff. 1927. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. 2, eff. He said he would have his investigators out that day to go over the crime scene and he explained to me what to expect next and case scenarios. September 1, 2019. 399, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Section 923. 15.02(f), eff. CHAPTER 46. Sec. September 28, 2011. June 15, 2007. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1, eff. For example, imagine you put your handgun in your car where the handle is still visible, go to work, and after work you head to happy hour. As I mentioned above, these are only three of the many possible defense strategies that we use. 446), Sec. According to Section 46.02 of the Texas Penal Code, you have violated the law if you intentionally, knowingly or recklessly carry a handgun, illegal knife or club, either on or about your person. MAKING A FIREARM ACCESSIBLE TO A CHILD. Austin Unlawful Carrying of a Weapon Attorney Jason Trumpler. 11.24, eff. 910), Sec. 1935), Sec. Acts 2019, 86th Leg., R.S., Ch. 1060, Sec. 28, eff. 46.02. Now, a person cannot be charged for unlawfully carrying a firearm unless they're under the age of 21 or they have been prohibited to own one under state or federal laws. Sept. 1, 2001. Acts 2017, 85th Leg., R.S., Ch. I felt after speaking with him I was in good hands with a capable attorney and confident I woild be represented well. harlingen, tx distance to mexican border . Acts 2021, 87th Leg., R.S., Ch. 19.004, eff. 823), Sec. 2110), Sec. 1488), Sec. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. Acts 2017, 85th Leg., R.S., Ch. 24, eff. 913), Sec. 1193, Sec. Without a concealed carry permit, you cannot carry a handgun or club outside of your own home or vehicle. 1132), Sec. 910, 84th Texas Legislature, Section 45, effective September 1, 2015. (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. (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. (C) under the direct supervision of a parent or legal guardian of the person. September 1, 2005. (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. (C) under the direct supervision of a parent or legal guardian of the person. Straight probation is also allowed to be imposed by both the judge and jury.22 However, Sec. 52020001 PC 46.035(A,B,C,D,E) UNL CARRY HANDGUN LIC HOLD 52020002 PC 46.035(B-1)(B-2) UNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FAC 52020005 PC 46.035(g) UNL CARRY HANDGUN LIC HOLDER (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). 481 (H.B. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: (b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility. His skill and handwork is only surpassed by his modesty and compassion. DEFINITIONS. September 1, 2021. September 1, 2017. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. 1920), Sec. 4B.22, eff. September 1, 2021. Under the new open carry law in Texas, those with a License to Carry are allowed to carry firearms openly in a shoulder holster or a belt holster. 1488), Sec. (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 2112, S.B. 1488), Sec. He was always available when I needed to speak with him and always friendly and professional. August 1, 2016. In H.B. 508, Sec. (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 or other qualified retired law enforcement officer, as defined by 18 U.S.C. 17.001(62), eff. 1221, Sec. What is the Punishment for Unlawful Carry of a Weapon in Texas? 435), Sec. Acts 2007, 80th Leg., R.S., Ch. The UCW law mentions the term criminal street gang. The criminal street gang definition is discussed in our article about Engaging in Organized Criminal Activity. 2, eff. 2, eff. 1935, this exemption will be extended to all location-restricted knives), Section 46.15(j) exempts people who carry a handgun in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission, ALL CHARGES DISMISSED against our client in the Twin Peaks, Client No-billed by grand jury investigating shooting death case, Rare Not Guilty verdict in Rockwall County DWI, Coverage of teen Lewisville client charged with. Acts 2017, 85th Leg., R.S., Ch. September 1, 2005. 2.60, eff. UNL CARRY HANDGUN LIC HOLDER 0 0 13 ; 0 0 5 ; 0.0000% 0.0000% 38.4615% : UNL CARRY HANDGUN LIC HOLDER ALCH PREM/COR F 1.01, eff. Our team can go to work for you almost immediately, defending your rights and accompanying you during police questioning, your arraignment, or any other court appearances. 25, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 216 (H.B. 4, eff. Acts 2013, 83rd Leg., R.S., Ch. 3167), Sec. 910, 84th Texas Legislature, Section 51, H.B. Sept. 1, 1999. Charge Description: UNL CARRYING WEAPON Bond Amount: $2,500.00 Charge Description: POSS MARIJ Bond Amount: $500.00 ** This post is showing arrest information only. 1177), Sec. 1063, Sec. First, House Bill 910 amended subsection (a-1)(1) of the UCW law by adding 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 as an exception to the plain view type of UCW violation.19. The charges may include a felony of the third degree in this situation. (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. I was referred to Roger Jain and associates to handle a lawsuit against me. (b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution. Subsection (a-5) of the UCW law covers carrying a handgun in plain view in a public place. 693, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. Automated page speed optimizations for fast site performance. Jan. 1, 1974. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 48, eff. 342, Sec. Added by Acts 1995, 74th Leg., ch. 809 (H.B. 452, Sec. Jan. 1, 1974. Mr. Jain was so easy to communicate with. 1143 (H.B. FIREARM SMUGGLING. 1969), Sec. September 1, 2007. (4) occurred during a time when the actor was engaged in an agricultural enterprise. There are four different statutes in Chapter 46 (the weapons chapter) of the Texas Penal Code that deal with the unlawful possession of a f 1217 (S.B. Lorem ipsum dolor sit amet consectetur adipisicing elit. 1281 (H.B. This includes a boat you own, as well as your motor vehicles. Acts 2015, 84th Leg., R.S., Ch. 18-year-old charged with unl carrying weapon iat wfz 46.02 DAVARCIA FORNEY was booked on 1/19/2022 in Dallas County, Texas. 438 (S.B. 1935), Sec. 2.07, eff. Acts 2019, 86th Leg., R.S., Ch. (d) An offense under Subsection (a-4) is a Class C misdemeanor. 2, eff. Machine guns Rifles with barrels less than 16 inches long Shotguns with barrels less than 18 inches long. Box 4087 MSC 0245 AUSTIN, TEXAS 78773-0245 Regulatory Services Division. 5.01(a)(46), eff. The team from the Law Offices of Randall B. Isenberg can help you protect your rights and defend your name if you face accusations or charges. September 1, 2021. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 4170), Sec. Unlawful Carry of Weapon in Texas, https://versustexas.com/blog/unlawful-carry-of-a-weapon/, Unlawful Carry of a Weapon License Holders. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (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. Varghese Summersett PLLC 2004 - 2023. A Class A misdemeanor is punishable by up to a year in County jail, along with a fine of up to $4,000. Sept. 1, 1994. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: Acts 1973, 63rd Leg., p. 883, ch. We explore the UCW law and how it has changed in more detail below. 4, eff. Sec. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. Acts 2013, 83rd Leg., R.S., Ch. 809 (H.B. How did the UCW statute change to make open carry legal? The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. I greatly appreciated their help during that tough time in my life. 554, Sec. (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio; (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or. 754, Sec. Thomas Smith led a team that rapidly took hold of my case; was very welcoming, thorough, efficient, and had great communication. 46.09. 437 (H.B. September 1, 2007. All rights reserved. Sec. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. Acts 2015, 84th Leg., R.S., Ch. 518 (S.B. The office of Roger Jain and associates did an excellent job handling my case involving an airline losing part of my luggage. (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. Texas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the persons own property or property under the persons control or on private property with the consent of the owner of the property; or. What is Unlawful Carrying of Weapons in Texas? (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. 3, eff. 4, eff. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. 809 (H.B. Acts 2009, 81st Leg., R.S., Ch. Texas handgun law: Unlicensed carrying requirements explained The new Texas law allowing the unlicensed carrying of handguns does not mean anyone can go anywhere in the state with a. Renumbered from Penal Code Sec. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. 1146 (H.B. 446), Sec. This page has been updated accordingly. 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. 1, eff. 809 (H.B. 22, eff. 1221, Sec. 8, 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. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. 520 (S.B. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, Expunctions for UCW Convictions: 2021 Legislative Update. Acts 2007, 80th Leg., R.S., Ch. You should consult an attorney for advice regarding your individual situation. 165, Sec. Acts 2021, 87th Leg., R.S., Ch. 1, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. 3(2), eff. Acts 2017, 85th Leg., R.S., Ch. 593 (S.B. Acts 2021, 87th Leg., R.S., Ch. (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. 1927), Sec. We Can Help You Build A Defense Send Us A Message Below And One Of Our Staff Members Will Get Back To You As Soon As Possible. This was my first time having to hire an attorney and was very skeptical, but Roger and his law staff put everything into perspective and explained the process and what is to be expected throughout the entire ordeal. 2584), Sec. (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. If you face charges of unlawful carrying weapons, consult with a criminal defense lawyer in Dallas, Texas. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. Now imagine you get stopped and charged with DWI. Sept. 1, 2003. Acts 2015, 84th Leg., R.S., Ch. (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.". Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1, eff. 852, Sec. September 1, 2015. Additionally, it is illegal to carry a handgun or club while engaged in any type of criminal activity more serious than a traffic offense. (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. September 1, 2021. Acts 2007, 80th Leg., R.S., Ch. 23, 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 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. 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. 4, eff. 2112), Sec. Acts 2017, 85th Leg., R.S., Ch. 642 (H.B. 216 (H.B. Sept. 1, 2003. 1, eff. Subsection (a-7) makes it illegal to possess a handgun outside of your home or vehicle if youre prohibited from possessing a firearm under the Unlawful Possession of Firearm law (unless the unlawful possession was because of membership in a criminal street gang. (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. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). (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. Private colleges in the state may opt out of Campus Carry. 15.005, eff. 46.02 Unlawful Carrying Weapons (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and (2) is not: (A) on the person's own premises or premises under the person's control; or (B) September 1, 2021. 1.01, eff. Jan. 1, 1974. (2) the child in discharging the firearm caused the death of or serious injury to the child. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 46.041. 6, eff. Acts 2005, 79th Leg., Ch. The Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). 1, eff. In 2021, the 87th Legislature changed Chapter 55 of the Texas Code of Criminal Procedure to allow people who have been convicted of a Subsection (a) violation of the UCW law to receive an expunction.23 This is, unfortunately, a narrow category of UCW violations. 47, eff. 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. Honestly, hes the true definition of what a lawyer should aspirate to be. Carrying a weapon in a prohibited place is a third-degree felony, punishable by up to 10 years in prison and a maximum $10,000 fine. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. Acts 2007, 80th Leg., R.S., Ch. 809 (H.B. 1, eff. 7, eff. At Roger G. Jain & Associates, P.C., our Houston criminal defense attorneys will work tirelessly to protect you after an arrest. CommunicationRead More. 1576), Sec. This article also discusses UCW cases that can be filed against individuals who have a license to carry. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 13.02, eff. In the event that I require legal counsel again The Saputo Law Firm will be my first call and when asked for a referral my recommendation will be the same. Its important to note that although campus carry is legal, open carry on a campus is not legal. 299 (H.B. Paul helped prove my fiances innocence! On 07/16/2018 ST filed an Other - Other Criminal court case against ELLIS,JOSHUA RAY in Travis County Courts. September 1, 2021. (d) A license holder commits an offense if, while intoxicated, the license holder 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. 2112), Sec. 1146 (H.B. 16.004, eff. His knowledge of the law and willingness to ask the tough questions is impressive and refreshing. 1302 (H.B. 1, eff. 1179 (S.B. However, this punishment range is increased to a third-degree felony if you illegally carry a handgun on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. 15.003, eff. Brass knuckles. 72 (S.B. CONTACT US TODAY AT 512-457-5200. 790, Sec. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster.5 After the passage of the open carry laws, the UCW law in effect for offenses occurring before September 1, 2017 was as follows (the phrase in bold below was added by the legislature in 2015): (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: (1) on the persons own premises or premises under the persons control; or. 1, eff. 1303), Sec. (c) It is an affirmative defense to prosecution under this section that the child's access to the firearm: (1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes; (2) consisted of lawful defense by the child of people or property; (3) was gained by entering property in violation of this code; or. (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. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 3, eff. 749, Sec. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 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). 46.08 by Acts 1993, 73rd Leg., ch. 957), Sec. 2664), Sec. Paul is a stellar attorney and has a heart of gold! If you have been charged with Unlawful Carrying of Weapons, it is extremely important that you contact an experienced Texas criminal defense attorney as quickly as possible. 1819), Sec. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. 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). 1221, Sec. September 1, 2005. September 1, 2021. 910, 84th Texas Legislature, Section 45, effective January 1, 2016, 20 H.B. Acts 2017, 85th Leg., R.S., Ch. Sec. 10.02, eff. 13, eff. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. Amended by Acts 1983, 68th Leg., p. 2962, ch. June 19, 2009. 467 (H.B. Renumbered from Penal Code Sec. Added by Acts 1995, 74th Leg., ch. Subsection (a-6) makes it illegal to carry a handgun while intoxicated unless youre in your own property or property that you have consent to be in, inside of or own your way to your own vehicle or a vehicle which you have consent to be in. 203, Sec. (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. The exception allows people over 21 years old to carry a handgun outside of their home or vehicle so long as within 5 years of the date of carry they have not been convicted of Assault Bodily Injury (not Class C Assault), Deadly Conduct, Terroristic Threat, Disorderly Conduct subsection (a)(7) discharging a firearm in a public place, or Disorderly Conduct subsection (a)(8) displaying a firearm in a manner calculated to alarm. 1, eff. 1222 (H.B. September 1, 2021. 647 (H.B. Acts 2021, 87th Leg., R.S., Ch. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or. Thomas and team were in short Wonderful. Texas has generous laws related to carrying and using firearms and other weapons, but this can make it confusing when the police accuse you of unlawful carrying. 1261, Sec. 2, eff. 1, eff. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. Home Texas Penal Codes Texas Penal Code Ch 46.02 Unlawful Carrying Weapons. 3607 and H.B. So while you may have never intended to commit the offense of UCW, by possessing a handgun while committing an offense other than a traffic ticket, the officer can charge you with UCW. Sept. 1, 1987; Acts 1989, 71st Leg., ch. I had a very complex, international issue that other attorneys were unable to understand, let resolve. After a fewRead More. 438 (S.B. This article focuses on UCW cases involving handguns. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 168, Sec. A third-degree felony is punishable by a fine as large as $10,000 and from 2-10 years in prison. 3, eff. Saputo Law Firm is a top notch firm! September 1, 2015. 1143 (H.B. 900, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1994. "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. 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. September 1, 2017. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. 1920), Sec. (j) The provisions of Sections 46.02 and 46.03(a)(7), (a-2), (a-3), and (a-4) do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. (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. Our customers love our service and attention to detail. 4, eff. 1927), Sec. 1026 (H.B. 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). In general, those accused of unlawful carry will face a Class A misdemeanor charge. Thomas represented me in court and called me afterwards to give me immediate updates. September 1, 2017. Section 46.15(d) exempts a public security officer employed by the adjutant general from prohibitions on the carrying of a firearm, Section 46.15(e) exempts the carrying of a bowie knife or sword in a historical demonstration or in a ceremony (and beginning September 1, 2017, pursuant to H.B. 1445, Sec. He will also expedite the process as quickly as possible. Sept. 1, 2003. I was so elated with the choice. 960 (H.B. If you face accusations or charges of unlawful carrying of a handgun, club, or location-restricted knife and violating Texas Penal Code Ch 46.02, the team from the Law Offices of Randall B. Isenberg can help. 10.04, eff. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. Texas law recognizes the right of its citizens to carry handguns for their own protectionunder certain circumstances. September 1, 2013. Added by Acts 1983, 68th Leg., p. 4831, ch. Why Are Federal Charges More Severe Than State Charges? An offense under Subsection (a)(5) is a state jail felony. An individual is prohibited from possessing a handgun while they are committing an offense (other than an offense punishable by a traffic ticket) even if they are in a generally permissible place to lawfully carry even without a license. 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. Best Review Site for Digital Cameras. 1027 (H.B. September 1, 2019. Can I Carry a Weapon in a College or University. Every DUI/DWI charge in Texas is at least a Class B misdemeanor so it's almost certain you will face that additional charge. Sept. 1, 1991. 920 (S.B. Upon a careful review of your case, they can come up with the best legal defense strategy to fight for the best outcome. (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. 852, Sec. 2021 Expunction Update: Ex parte R.P.G.P. Generally, Texans can carry in Texas if they meet the following requirements, Be at least 21 years old Not have a prior felony conviction for which the punishment ended in the last five years and even after five years only at the persons residence Not be a member of a criminal street gang Not have a conviction for family violence for which the punishment ended in the last five years Not be subject to a protective order Not be prohibited from carrying a firearm under federal law Not be intoxicated other than inside ones residence or inside ones vehicle. 9.25, eff. 520 (S.B. Amended by Acts 1997, 75th Leg., ch. 3, eff. (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. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. 1.01, eff. 46.07. 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. 1, eff. 46.02. 1, eff. Added by Acts 1995, 74th Leg., ch. 1, eff. Sept. 1, 1987. 2, eff. I am satisfied with the outcome. 1927), Sec. January 1, 2016. 324 (S.B. 550), Sec. 1, eff. 320, Sec. 26(10), eff. 1, eff. 1.01, eff. After consulting with Roger, I decided to hire his firm to represent my son with a pending case in Fort bend County (AKA Fort Beast County). 794 (S.B. 910), Sec. 900, Sec. His approachable personality made it simple for me to relate my problem; there were briefing and counseling for me and my husband, and the money our opponent wanted from us did not play into his hands. This section prohibits displaying a handgun in a public place unless the handgun is in a shoulder or belt holster. 2730), Sec. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. 1488), Sec. Perhaps your spouse placed the gun in your bag, then forgot to mention it to you. As former prosecutors, our lawyers understand the position that District Attorneys Offices often take on these types of cases and how to best evaluate your options. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 2300), Sec. 446), Sec. (2) at the actor's residence or place of employment. September 1, 2019. Renumbered from Penal Code Sec. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. September 1, 2017. Additionally, Texas Penal Code Ch 46.02 addresses limits on the types of knives minors can carry. Acts 2021, 87th Leg., R.S., Ch. (3) the person is not prohibited by state or federal law from possessing a firearm. 446), Sec. (2) the firearm or club is in plain view. September 1, 2007. September 1, 2011. Dont take gun charges lightly. June 20, 1997; Acts 1997, 75th Leg., ch. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 1, eff. 1, eff. 1069), Sec. The Texas UCW law is codified at Texas Penal Code Section 46.02.1 It is divided into six parts, each part with its own subsection. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. Our team can represent you during court appearances and present a strong defense on your behalf. Acts 2017, 85th Leg., R.S., Ch. 2300), Sec. (2) possesses or conceals a deadly weapon in the penal institution. 900, Sec. 457, Sec. 229, Sec. (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. (c) In this section: (1) If you have been charged with Unlawful Carrying of Weapons in the state of Texas, your exact defense will depend on the circumstances surrounding your charges and will depend on whether there exists an underlying criminal offense, whether you were on your own premises, and whether you intentionally, knowingly, or recklessly carried the weapon. 1278 (H.B. Acts 2009, 81st Leg., R.S., Ch. (ii) not wearing the uniform of a security officer and carrying the officers weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. (e) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or. Convicted felons, members of criminal street gangs, and others with a history of violence may also be disallowed from possessing firearms under Texas law. Of course, there are still some places where weapons are not allowed. © 2023 Site Name. (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. Sept. 1, 1994. 686, Sec. 1093 (H.B. 1407), Sec. The Law Governing Carrying Weapons in Texas. 216 (H.B. Acts 2019, 86th Leg., R.S., Ch. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. (3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable. 1, 2 eff. The term does not include: (A) volunteer emergency services personnel; (B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or. 3(2), eff. In general, illegally carrying a handgun without a CHL in Texas is a Class A Misdemeanor punishable by up to 1 year in jail and up to a $4,000 fine. Amended by Acts 1997, 75th Leg., ch. (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. 1536), Sec. 2, eff. 4170), Sec. September 1, 2017. 1935), Sec. The Texas Unlawfully Carrying a Weapon statute, which is often shortened to "UCW", says that it illegal to carry a "handgun or club" on or about the person's body. 1927), 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. Amended by Acts 1975, 64th Leg., p. 917, ch. Renumbered from Penal Code Sec. 446, 86th Texas Legislature, Section 1, effective September 1, 2019, 4 H.B. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). (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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. I received good advice, was kept informed, and got the outcome I had hoped for. Acts 2017, 85th Leg., R.S., Ch. (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. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. 167, Sec. Thomas and Jordan did an excellent job with my case. 14.833, eff. 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.6 This Nonapplicability statute has undergone significant changes in each legislative session since 2005. TITLE 10. Penal Code 46.02 unlawful carrying weapons means: if. Mr. Saputo was very knowledgeable, positive, prompt and available to every inquiry. 10, eff. 4, eff. 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. We understand how important it is to you to clear your name. Added by Acts 2001, 77th Leg., ch. September 1, 2021. Sept. 1, 1995. 809 (H.B. September 1, 2017. 1069), Sec. The change is effective only to offenses committed after the effective date of the bill,20 January 1, 2016.21. We are here to help you through this difficult time. 318, Sec. 3.20, eff. 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