(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. 1, eff. 26, eff. 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. Texas Penal Code 46.02^2. 437 (H.B. 1927), Sec. 399, Sec. 46.06 | Sec. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. Acts 2013, 83rd Leg., R.S., Ch. In summary, the open carry law made it no longer a crime for a CHL or CCL (that is, a holder of a concealed carry permit) to carry a handgun in a shoulder or belt holster in plain view, under most circumstances. September 1, 2021. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; 91 (S.B. 12A.001, eff. 4, eff. 25), Sec. September 1, 2017. 1, eff. 1, eff. Sept. 1, 1991. 1281 (H.B. His bond was set at $2,000. September 1, 2017. Amended by Acts 1995, 74th Leg., ch. Sec. September 1, 2009. 1, 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. Booking Number: CB33MB02272023. 1, eff. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. WebThe Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). 1927), Sec. 46.05 | Sec. (8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is: (A) on the immediate premises where the activity is conducted; or. 2, eff. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the persons control at any time in which: (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 10, eff. Acts 2011, 82nd Leg., R.S., Ch. 963 (S.B. on water, used or capable of being used for transportation on water. Redesignated from Penal Code Sec. 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. Gender: M. Race: Black or African American. 4, eff. Acts 2019, 86th Leg., R.S., Ch. Sec. 46.10 by Acts 1993, 73rd Leg., ch. 13, eff. 2, eff. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 535), Sec. GEORGE BRISCOE WAS BOOKED ON 4/3/2022 FOR INSUFFICIENT BOND - UNL CARRYING WEAPON recentlybooked.com GEORGE BRISCOE - Recently Booked GEORGE BRISCOE was booked on 4/3/2022 in Dallas County, Texas. 1146 (H.B. Sept. 1, 1994. In 2021, the Texas [15] However, Sec. Acts 2021, 87th Leg., R.S., Ch. 399, Sec. 1, eff. 3142), Sec. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. (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. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. (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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Booking Number: CB33MB02272023. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 46.13 | Sec. 13.02, eff. (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. 1188), Sec. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. (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. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 1, eff. 1, eff. 173 (S.B. Acts 1973, 63rd Leg., p. 883, ch. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. 16, eff. 15.002, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 3 (H.B. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 550), Sec. Acts 2015, 84th Leg., R.S., Ch. PDF. September 1, 2019. (c)An offense under this section is a felony of the third degree if the offense is September 1, 2015. 229, Sec. 693 (H.B. 1049 (H.B. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. 1, eff. 1.01, 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. 1217 (S.B. This element can often be difficult for the state to prove. (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. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 325 (H.B. Sept. 1, 1995. 1177), Sec. 49, Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2005. 931, Sec. 1416), Sec. 550), Sec. Acts 2005, 79th Leg., Ch. 2, 3, eff. 46, eff. Sec. September 1, 2009. Section 922(b)(3)(A). 1889), Sec. Acts 2017, 85th Leg., R.S., Ch. 494, Sec. Acts 2017, 85th Leg., R.S., Ch. (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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1093 (H.B. 24, eff. Sept. 1, 1994. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. WebA person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05 (Prohibited Weapons) (a): Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. 46.07 | Sec. 921 (H.B. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. 1178, Sec. 324 (S.B. 155 (H.B. (o) A person may provide notice that firearms and other weapons are prohibited under Section 46.03 on the premises or other property, as applicable, by posting a sign at each entrance to the premises or other property that: (1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property"; (2) includes the language described by Subdivision (1) in both English and Spanish; (3) appears in contrasting colors with block letters at least one inch in height; and. 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. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. 1576), Sec. Acts 2013, 83rd Leg., R.S., Ch. (a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor. 26(8), eff. Section 46.02 - Unlawful Carrying Weapons. 754, Sec. September 1, 2019. 229, 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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 4456), Sec. 3, eff. Acts 2021, 87th Leg., R.S., Ch. unl carrying weapon texas 27 Feb. unl carrying weapon texas. H.B. 216 (H.B. by the person or under the person's control. 4, eff. 12, eff. Sept. 1, 1985. 1420, Sec. 216 (H.B. 2110), Sec. Acts 2011, 82nd Leg., R.S., Ch. 1813), Sec. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. Acts 2011, 82nd Leg., 1st C.S., Ch. Sept. 1, 1991. 4, eff. 32, eff. September 1, 2019. Gender: M. Race: Black or African American. June 20, 1997; Acts 1997, 75th Leg., ch. Acts 2005, 79th Leg., Ch. 324 (S.B. Acts 1973, 63rd Leg., p. 883, ch. Acts 2007, 80th Leg., R.S., Ch. Globally, the same House Bill eliminated the word concealed from various places in the Penal Code (including Section 46.15) because, essentially, a concealed handgun permit now allows people to carry in a concealed and un-concealed manner. (A) reasonably appears to be an explosive or incendiary device; or. September 1, 2021. 1, eff. January 1, 2016. September 1, 2019. (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. DEFINITIONS. Amended by Acts 1975, 64th Leg., p. 917, ch. 1278 (H.B. Texas Code of Criminal Procedure Chapter 42A^16. 50, eff. 1.01, eff. 1, eff. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 216 (H.B. 386, Sec. Sept. 1, 1994. 46.11 by Acts 1993, 73rd Leg., ch. 46.01. 1063, Sec. 809 (H.B. 17, eff. 14, 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. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 578), Sec. 1234 (H.B. 13, eff. 2, eff. Jan. 1, 1974. 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]. WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 18, eff. H.B. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster. 1927, 87th Texas Legislature, Section 4. September 1, 2019. 957), Sec. Jan. 1, 1996; Acts 1997, 75th Leg., ch. June 20, 2003. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 1026 (H.B. September 1, 2017. (16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. 4, eff. Acts 2005, 79th Leg., Ch. (ii) in a shoulder or belt holster;a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun; (7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; (8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is: (A) on the immediate premises where the activity is conducted; or. 13, eff. 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. 920 (S.B. 446), Sec. 288 (H.B. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. 16, eff. 1815), Sec. Amended by Acts 1987, 70th Leg., ch. (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. 1.01, eff. 693 (H.B. (g) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. 62, Sec. 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. The current law also makes it illegal: (1) to carry a handgun in plain view in a public place unless the handgun is in a holster, (2) to carry a handgun in plain view inside a vehicle unless youre 21 (or if youre permitted) and the handgun is in a holster. 6, eff. 687 (H.B. You Do Not 15.02(f), eff. 34 (S.B. 433, Sec. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 1935, the 85th Texas Legislature amended the UCW law with the passage of HB 1935 by (1) removing illegal knives from regulation under the UCW law and (2) creating a new subsection (a-4) that regulates the possession of Location-restricted knives by juveniles and set the offense level for this new subsection as a Class C misdemeanor. (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. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 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). 1, eff. 900, Sec. Jan. 1, 1974. 46.11. 467 (H.B. 1, eff. 46.01 | Sec. September 1, 2011. Added by Acts 2001, 77th Leg., ch. 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. 1221, Sec. 45, eff. (e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless: (1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and. 920 (S.B. 1, eff. 1815), Sec. (7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is: (A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 2, eff. 46.035. September 1, 2017. Acts 1973, 63rd Leg., p. 883, ch. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. [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. 900, Sec. Arrest and booking photos are provided by law enforcement officials. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. 1927), Sec. Acts 2007, 80th Leg., R.S., Ch. 46.10. 16, eff. (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. Sept. 1, 1983. 1969), Sec. 16, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1, 2 eff. 693, Sec. 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. 508, Sec. 1048 (H.B. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 1. Current as of April 14, 2021 | Updated by FindLaw Staff. 1488), Sec. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2007. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. September 1, 2021. Renumbered from Penal Code Sec. Subsection (a-8) allows people in violation of subsection (a-7) to be prosecuted under (a-7) or Unlawful Possession of a Firearm or other similar law. (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. Sept. 1, 1995. 1, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (c) An offense under this section is a felony of the third degree. 1, eff. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. 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