1935), Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. Sec. June 20, 1997; Acts 1997, 75th Leg., ch. Stay up-to-date with how the law affects your life. 2, eff. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. 900, Sec. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 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. 1889), Sec. 1488), Sec. 11.24, eff. 518 (S.B. 17, 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. Acts 2007, 80th Leg., R.S., Ch. 15.002, eff. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. [1] It is divided into six parts, each part with its own subsection. 550), Sec. As I mentioned above, these are only three of the many possible defense strategies that we use. The defense we might use in your case might be different, and it will depend on the specific facts of your case. Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. 22, eff. 62, Sec. (B) prohibited by law from possessing a firearm. 1, eff. 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. (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. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. 4, eff. (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. 1, eff. 2018), Sec. 1.01, eff. 26(8), eff. (C) under the direct supervision of a parent or legal guardian of the person. We explore the UCW law and how it has changed in more detail below. Sept. 1, 1991. H.B. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. September 1, 2007. 1, eff. ^1. by the person or under the person's control. 4, 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. 1, eff. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. (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. 437 (H.B. (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (5) in or into a secured area of an airport; (6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or. 93 (S.B. Added by Acts 1995, 74th Leg., ch. Jan. 1, 1974. 34 (S.B. Acts 2019, 86th Leg., R.S., Ch. Keller, Texas Linda Baker, Crime Reporter . 3, eff. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 21.001(40), eff. Amended by Acts 1995, 74th Leg., ch. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. 1049 (H.B. 5, eff. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 20.002, eff. 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. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. 1927), Sec. 37-year-old Abel Buitron-Salas was arrested early Saturday morning by San Angelo Police for Aggravated Assault with a Deadly Weapon and and Public Intoxication. 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. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 1.01, eff. 5.01(a)(47), eff. September 1, 2021. Added by Acts 1995, 74th Leg., ch. UNLAWFUL CARRYING WEAPONS. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. 26(8), eff. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. Copyright 2023, Thomson Reuters. (b) This section does not apply to an offense under Section 46.03(a)(1). Sept. 1, 2003. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. 4, 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. 318, Sec. (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. 437 (H.B. 48, eff. September 1, 2021. 15, eff. 873, Sec. 1, eff. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle 26(9), eff. It is important to note that this practice is illegal in most states across the nation. 46.11 by Acts 1993, 73rd Leg., ch. 216 (H.B. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 46.12 | Sec. (a-4) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion. September 1, 2013. Sec. 2, eff. 26, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1, eff. 4B.21, eff. 25, eff. Amended by Acts 1975, 64th Leg., p. 109, ch. Acts 1973, 63rd Leg., p. 883, ch. 3, eff. (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 persons control; and. Acts 2021, 87th Leg., R.S., Ch. (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 (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.". (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. 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. 18, eff. 809 (H.B. 957), Sec. 1, eff. Sept. 1, 2003. 963 (S.B. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 873, Sec. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1815), Sec. 16, eff. 1927, 87th Texas Legislature, Section 4. September 1, 2013. 46.14 | Sec. 1920), Sec. 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 Sept. 1, 1994. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or. 14, eff. 3607 and H.B. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. 1927), Sec. Sept. 1, 1987. 4, eff. 518 (S.B. Sec. Current through the 87th Legislature Third Called Session. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 473), Sec. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 2.79; Acts 1991, 72nd Leg., ch. September 1, 2021. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 1927), Sec. 2, eff. 1, eff. 16, eff. Acts 2021, 87th Leg., R.S., Ch. 216 (H.B. Acts 2009, 81st Leg., R.S., Ch. 435), Sec. 1, eff. 1278 (H.B. 2.07, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. These are only three of the law in your jurisdiction of so-called criminal street gangs possessing... Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your might... 1997 ; Acts 1997, 75th Leg., ch Acts 1993, 73rd Leg., ch 1 ) 1975! Removed the prohibition in ( a-1 ) against members of so-called criminal street gangs from possessing a unl carrying weapon texas explore. 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