46.08 | Sec. 2, eff. The current UCW law (effective as of September 1, 2021) makes it illegal to carry a handgun outside of your home or vehicle (unless youre directly en route to and from those locations) if youre: (1) intoxicated, (2) prohibited from possessing a firearm under other law, (3) under 21 years old, or (4) convicted of certain offenses within five years from the date of carry. 1, eff. 446), Sec. 1862), Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. May 18, 2013. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). 1, eff. 1.01, eff. Texas Penal Code 46.02(e)^12 H.B. Acts 2005, 79th Leg., Ch. Sec. Acts 2005, 79th Leg., Ch. 693 (H.B. 12, eff. (d) The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty. September 1, 2017. 46.13 | Sec. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. Acts 2005, 79th Leg., Ch. What is the difference between UCW and UPF? Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 12A.001, eff. (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 In other words, 900, Sec. 809 (H.B. 457, Sec. Sept. 1, 1997. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. 446), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 809 (H.B. [6] This Nonapplicability statute has undergone significant changes in each legislative session since 2005. (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. 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. You Do Not 46.041. Subsection (a) deals with constitutional carry. Subsection (a) of the current Texas UCW law is as follows: (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and, (A) on the persons own premises or premises under the persons control; or. (m) It is a defense to prosecution under Section 46.03 that the actor: (1) carries a handgun on a premises or other property on which the carrying of a weapon is prohibited under that section; (2) personally received from the owner of the property, or from another person with apparent authority to act for the owner, notice that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and. 1146 (H.B. 438 (S.B. Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, 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. Sept. 1, 1985. 1, eff. Webunl transf handgun under 18yoa 46.06(d) sb162 unlawful transfer of handgun under 18yoa 46.06(d)(1) provide false info for nics background check 46.06(d)(2) obstruct highway Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 554, Sec. 2110), Sec. PDF. 46.07 and amended by Acts 1993, 73rd Leg., ch. September 1, 2017. 4, eff. 1222 (H.B. Acts 2007, 80th Leg., R.S., Ch. 1049 (H.B. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. Acts 2013, 83rd Leg., R.S., Ch. 46.12 | Sec. 749, Sec. April 1, 2019. (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. Sept. 1, 1983. 900, Sec. Added by Acts 1983, 68th Leg., p. 4832, ch. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, DPS Releases New Sex Offender Deregistration Eligibility List, Federal Sentencing Guidelines: Proposed Updates for 2023. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 2.60, eff. (a-1)A person commits an offense if the person intentionally, knowingly, or recklessly (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. (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. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. Acts 2015, 84th Leg., R.S., Ch. 3, eff. 960 (H.B. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. 1193, Sec. (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. 998, Sec. 900, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle 809 (H.B. 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]. Added by Acts 2001, 77th Leg., ch. Jan. 1, 1974. 216 (H.B. 5, eff. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. 4, eff. Booking Number: CB33MB02272023. September 1, 2021. (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. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. Renumbered from Penal Code Sec. September 1, 2019. 1049 (H.B. 15.003, eff. 46.01 | Sec. Acts 2005, 79th Leg., Ch. Acts 2013, 83rd Leg., R.S., Ch. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. WebThe 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. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. 260, Sec. September 1, 2015. (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. Sept. 1, 2003. (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. Acts 2007, 80th Leg., R.S., Ch. 13, eff. Sec. Acts 2017, 85th Leg., R.S., Ch. (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. Acts 2017, 85th Leg., R.S., Ch. 3, eff. The term does not include 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. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. 550), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 679 (H.B. Sec. Acts 1973, 63rd Leg., p. 883, ch. 299 (H.B. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 1815), Sec. 46.04 | Sec. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was: (1) carried in a holster by the license holder; or. 1, eff. 446), Sec. 900, Sec. (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. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. Acts 2019, 86th Leg., R.S., Ch. 1927), Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. 7, eff. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 26, 27, eff. (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. 957), Sec. 1969), Sec. 11), Sec. carries on or about his or her person a handgun in a motor vehicle or watercraft that (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person (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. 320, Sec. 481 (H.B. (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. 693, Sec. 1.01, eff. Acts 2007, 80th Leg., R.S., Ch. 46.08 by Acts 1993, 73rd Leg., ch. Added by Acts 1983, 68th Leg., p. 4831, ch. (7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. (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. June 15, 2007. September 1, 2007. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 Acts 2007, 80th Leg., R.S., Ch. 1.01, eff. 1, eff. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. 921 (H.B. 46.14 | Sec. 4, eff. 1927, H.B. 1, eff. (b) An offense under this section is a Class A misdemeanor. 342, Sec. 2, eff. 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. 535), Sec. Acts 2015, 84th Leg., R.S., Ch. H.B. 45, eff. 46.11 by Acts 1993, 73rd Leg., ch. September 1, 2007. Sept. 1, 1995. 3, eff. Amended by Acts 1975, 64th Leg., p. 109, ch. Acts 2019, 86th Leg., R.S., Ch. (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. (g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense: (1) is not designated by a law of this state as a felony; and. Acts 1973, 63rd Leg., p. 883, 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.". 405), Sec. (A) reasonably appears to be an explosive or incendiary device; or. Acts 2021, 87th Leg., R.S., Ch. 1488), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 976 (H.B. June 15, 2007. Acts 2017, 85th Leg., R.S., Ch. 3(2), eff. Acts 2021, 87th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. The term does not include a baggage claim area, a motor vehicle parking area used by passengers, employees, or persons awaiting an arrival, or an area used by the public to pick up or drop off passengers or employees. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. 6, eff. September 1, 2009. September 1, 2019. More about our Notable Victories and Press, Attorney Advertising. September 1, 2015. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane January 1, 2016. 1221, Sec. 1, eff. September 1, 2007. Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. He was 26 years old 46.03 | Sec. Jan. 1, 1974. Acts 2015, 84th Leg., R.S., Ch. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. 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. 318, Sec. 900, 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. Jan. 1, 1974. 1, eff. September 1, 2019. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1987; Acts 1989, 71st Leg., ch. DEADLY WEAPON IN PENAL INSTITUTION. 746, Sec. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 435), Sec. January 1, 2016. Acts 2021, 87th Leg., R.S., Ch. 1080 (H.B. September 1, 2021. September 1, 2007. under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a 1069. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. 1927), Sec. In the State of Texas, it is perfectly legal to keep a loaded gun in ones car without needing a license to carry as long as the person who does so is not prohibited from possessing a gun for any reason. 165, Sec. (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. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 823), Sec. 1143 (H.B. September 1, 2005. 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