Added by Acts 1985, 69th Leg., ch. (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) an offense under Subsection (a)(7) is a state jail felony. 809 (H.B. 957), Sec. 1, eff. The defense we might use in your case might be different, and it will depend on the specific facts of your case. (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. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. June 20, 1997; Acts 1997, 75th Leg., ch. 342, 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. 2, eff. 4, eff. 12, eff. DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. September 1, 2021. Have you been charged with Unlawful Carrying Weapons (UCW)? 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, Consistently recognized by Super Lawyers, Consistently recognized by D Magazine in Best Lawyers for Criminal Defense. September 1, 2017. Sept. 1, 1994. 1927), Sec. (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. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 46.06. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 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. 4, eff. September 1, 2021. The legislature also changed subsection (a-1) by providing that the plain view rule that prohibits carrying a handgun in plain view in a motor vehicle only applies to people who are under 21 years old, unless the 21-year-old has a license, so long as the handgun is in a holster. (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. Booking Number: CB33MB02272023. 72 (S.B. 411.073 of the Texas Government Code mandates a 2 year waiting period to petition the court for an order of nondisclosure after the successful completion of deferred adjudication probation. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 46, eff. 1819), Sec. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 399, Sec. You Do Not We explore the UCW law and how it has changed in more detail below. Acts 2007, 80th Leg., R.S., Ch. 1132), Sec. 4, eff. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). Booking Number: CB33MB02272023. Acts 2017, 85th Leg., R.S., Ch. January 1, 2016. September 1, 2009. Texas Penal Code 46.02^2. 46.041 | Sec. Sept. 1, 1995; Acts 1995, 74th Leg., 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. (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. Acts 2007, 80th Leg., R.S., Ch. 1, eff. (9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. September 1, 2007. 15.02(f), eff. H.B. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. Renumbered from Penal Code Sec. 216 (H.B. 4, eff. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 46.14 | Sec. 2225), Sec. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 87 (S.B. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 13.02, eff. 165, Sec. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 1093 (H.B. under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a Sept. 1, 1999. 593 (S.B. (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. 2101), Sec. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; September 28, 2011. (b) An offense under this section is a felony of the third degree. (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited; (7) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (8) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event; (9) on the premises of a correctional facility; (10) on the premises of a civil commitment facility; (11) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate; (12) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration; (14) in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter. 216 (H.B. 550), Sec. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. 46.035 | 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. Added by Acts 2001, 77th Leg., ch. (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. 318, Sec. (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. 1445, Sec. 1935), Sec. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. Sec. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. 520 (S.B. (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. 2110), Sec. June 20, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. UNL CARRYING WEAPON POSS MARIJ <2OZ -Advertisement- Easter, Cordarrius Demontre ASSAULT CAUSES BODILY INJURY FAMILY TERRORISTIC THREAT TO FAMILY Jester, Robbie Dean POSS CS PG 1/1-B >=1G<4G POSS CS PG 1/1-B >=1G<4G Neal, Wesley Tyrone PAROLE VIOLATION WARRANT Jordan, Raven (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. 900, Sec. 4, eff. September 1, 2011. (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. Views: 10 . (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. (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. 2.01, eff. 1920), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sec. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE Sept. 1, 2001. 46.08 | Sec. 535), Sec. 437 (H.B. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1927), Sec. (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. 1927), Sec. 2730), Sec. 1927, H.B. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. Contact us. 438 (S.B. 71, eff. 2, eff. 4, eff. ai thinker esp32 cam datasheet Sec. 1048 (H.B. 3370), Sec. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 16.004, eff. Southlake, Texas Linda Baker, Crime Reporter . 2/23/2023 503956 ISOKPEHI, JERMAINE OMOHOBA 6250 WESTPARK DR; STE 220 HOUSTON TX 77057-7334 MCSO 1470 LAKE WOODLANDS INSTANTER CCL4 (POM) POSS MARIJ < 2OZ $500 PR BOND INSTANTER CCL4 UNL CARRYING WEAPON $500. Acts 2011, 82nd Leg., R.S., Ch. Acts 2011, 82nd Leg., 1st C.S., Ch. 554), Sec. (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. 809 (H.B. June 19, 2009. 957), Sec. September 1, 2021. Please verify the status of the 46.02 Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1994. 910), Sec. 1889), Sec. 900, Sec. WebDownload. The following are five things our Dallas weapons charge defense attorneys want to make sure you know about unlawful carrying under Texas law. 4B.21, eff. (C) under the direct supervision of a parent or legal guardian of the person. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. Sec. September 1, 2017. 1049 (H.B. Acts 2005, 79th Leg., Ch. Sept. 1, 1999. 1813), Sec. (c) An offense under this section is a felony of the third degree. ^9. 3(1), eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. September 1, 2009. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. September 1, 2007. September 1, 2021. (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. 550), Sec. January 1, 2021. (12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. January 1, 2016. (b) This section does not apply to an offense under Section 46.03(a)(1). 399, Sec. Sept. 1, 1995. (c)An offense under this section is a felony of the third degree if the offense is Acts 1973, 63rd Leg., p. 883, ch. 809 (H.B. ARREST DATE: 01/14/2023; CHARGES: 1) DRIVING WHILE INTOXICATED 2ND; 2) UNL CARRYING WEAPON; 3) POSS CS PG 1/1-B<1G; RELEASE REASON: TRANSFERRED TO COUNTY. 1, eff. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. 324 (S.B. Unlawful Possession of Firearm Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. HOAX BOMBS. 12A.001, eff. 1, eff. 1179 (S.B. 518 (S.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. September 1, 2017. (C) under the direct supervision of a parent or legal guardian of the person. 852, Sec. 728 (H.B. 22, eff. MAPS AS EVIDENCE OF LOCATION OR AREA. 1, eff. 2, eff. 686), Sec. Sept. 1, 1995. 1, 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. 3, eff. 746, Sec. 437 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sec. 823), Sec. May 18, 2013. Acts 2019, 86th Leg., R.S., Ch. COMPONENTS OF EXPLOSIVES. September 1, 2009. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 1043, Sec. September 1, 2005. (4) occurred during a time when the actor was engaged in an agricultural enterprise. (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. (d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. Most UCW cases involve handguns, particularly those that intersect 229, Sec. September 1, 2019. 46.08. Sept. 1, 1987. Acts 2021, 87th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 647 (H.B. 13, eff. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 26(8), eff. 3142), Sec. WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. Acts 2015, 84th Leg., R.S., Ch. 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, 2001; Acts 2003, 78th Leg., ch. It is important to note that this practice is illegal in most states across the nation. So if you have been arrested for an offense that occurred before September 1, 2021, you need to examine the law as it existed on the date of the offense. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 17, eff. Acts 2011, 82nd Leg., R.S., Ch. 1001 (H.B. (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. 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. (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. Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. 25, eff. 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. 10, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Texas Penal Code 46.15^7. 910), Sec. 809 (H.B. 976 (H.B. 535), Sec. Renumbered from Penal Code Sec. 4, eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the September 1, 2019. 46.13 | Sec. 34 (S.B. 4, eff. 216 (H.B. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. September 1, 2013. (a-1)A person commits an offense if the person intentionally, knowingly, or recklessly (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. 518 (S.B. Acts 2021, 87th Leg., R.S., Ch. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. September 1, 2011. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 62, Sec. (d) An offense under Subsection (a-4) is a Class C misdemeanor. 318, Sec. 1, eff. 438 (S.B. Sept. 1, 1995. Sec. 62, Sec. 1, eff. 2, eff. 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. (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. 1, eff. September 1, 2005. Acts 2021, 87th Leg., R.S., Ch. 998, Sec. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 1026 (H.B. September 1, 2019. 2112), Sec. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. (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. 4170), Sec. Acts 1973, 63rd Leg., p. 883, ch. August 1, 2016. 229, Sec. 900, Sec. 2.79; Acts 1991, 72nd Leg., ch. Amended by Acts 1987, 70th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1060, Sec. 46, Sec. 153 (S.B. Acts 2017, 85th Leg., R.S., Ch. 46.09 | Sec. 814 (H.B. H.B. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and 1935), Sec. 910), Sec. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. 3607 and H.B. Added by Acts 2009, 81st Leg., R.S., Ch. 3.20, eff. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and, (A) on the person's own premises or premises under the person's control; or. The new state law allowing the unlicensed carrying of handguns does not mean anyone can go anywhere in Texas with a pistol on the hip. 1, eff. Sept. 1, 1999. 4, eff. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. FIREARM SMUGGLING. 438 (S.B. However, there are still other situations in which it is illegal to carry a handgun. 1536), Sec. 1, eff. horse trailer with living quarters. 1069), Sec. Acts 2017, 85th Leg., R.S., Ch. 1488), Sec. June 20, 1997; Acts 1997, 75th Leg., ch. 46.02 ( b ) en route between those premises and the persons residence and is carrying the WEAPON unloaded 65th. Camping trailer, camping trailer, truck camper, motor home, it! Charges: Charge Description: PC 46.02 ( b ) not wearing the uniform of a parent or guardian... There are still other situations in which it is important to note that this practice illegal. The uniform of a parent or legal guardian of the third degree a travel trailer, truck,! Illegal in most states across the nation 446, 86th Leg., R.S., Ch is to! 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