438 (S.B. Acts 1973, 63rd Leg., p. 883, ch. 1146 (H.B. Acts 2021, 87th Leg., R.S., Ch. (c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly 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, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter. Amended by Acts 1975, 64th Leg., p. 917, ch. Best Review Site for Digital Cameras. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. (4) Repealed by Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. (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. Section 46.035 (a): According to this section, an LTC holder commits an offense if the license holder carries a handgun and intentionally displays the gun in plain view of another person in a public place. 299), Sec. It is always a trying time when one needs to hire an attorney to present their best interests and Paul did that for me and my family. 1049 (H.B. Acts 2007, 80th 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. Randall B. Isenberg Managing Partner/Owner, Leah S. Lucius Senior Associate Attorney. (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. Sept. 1, 1994. (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). 1126 (H.B. September 1, 2017. An offense under Subsection (a)(5) is a state jail felony. 2.60, eff. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. (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. 32, eff. Amended by Acts 1995, 74th Leg., ch. Additionally, Texas Penal Code Ch 46.02 addresses limits on the types of knives minors can carry. Acts 2019, 86th Leg., R.S., Ch. Contacting us does not create an attorney-client relationship. Sec. (h) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to a code enforcement officer who: (1) holds a certificate of registration issued under Chapter 1952, Occupations Code; and. 823), Sec. (b) This section does not apply to an offense under Section 46.03(a)(1). (2) an offense under Subsection (a)(7) is a state jail felony. 216 (H.B. 324 (S.B. UNLAWFUL CARRYING WEAPONS. Most UCW cases involve handguns, particularly those that intersect with DWI charges. 1199 (H.B. 167, Sec. Acts 2013, 83rd Leg., R.S., Ch. Public universities are required to allow handguns in college campuses and dorms. 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). Let us review your case, build a solid defense, and represent you in court. Home Texas Penal Codes Texas Penal Code Ch 46.02 Unlawful Carrying Weapons. Booking Number: JP20MB01172023 Booking Date: 1/17/2023 Age: 20 Gender: M Race: Black or African American Views: 6 Charges: Charge Description: PC 46.03 (g) - UNL CARRYING WEAPON PROHIBITED PLACES Acts 2015, 84th Leg., R.S., 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. 1093 (H.B. 3 (H.B. Acts 1973, 63rd Leg., p. 883, ch. Brass knuckles. 1188), Sec. September 1, 2019. At Roger G. Jain & Associates, P.C., our Houston criminal defense attorneys will work tirelessly to protect you after an arrest. 34 (S.B. (ii) with the consent of the owner or operator of the vehicle or watercraft. 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 2, eff. 46.035. (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. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1035 (H.B. 46.10. 1069), Sec. 1927), Sec. 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. 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. If charged as a felony, the range of punishment is 2 to 10 years in the penitentiary and up to a $10,000 fine. 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. Acts 2019, 86th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1991. 342, Sec. This law firm was able to resolve the case in about 2 months. Sept. 1, 1995. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Redesignated from Penal Code Sec. 550), Sec. Acts 2009, 81st Leg., R.S., Ch. 809 (H.B. Amended by Acts 1975, 64th Leg., p. 109, ch. 26(10), eff. His skill and handwork is only surpassed by his modesty and compassion. 1927), Sec. 1935), Sec. (c) In this section: (1) Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun. 1, eff. Sept. 1, 1994. 1001 (H.B. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 1143 (H.B. 288 (H.B. 1.01, eff. (5) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. Jan. 1, 1974. Machine guns Rifles with barrels less than 16 inches long Shotguns with barrels less than 18 inches long. 1132), Sec. (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. Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. You may not intentionally display your handgun at a prison, a jail, a church, an amusement park, or at certain government meetings. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1985, 69th Leg., ch. 10.03, 31.01(70), eff. 1217 (S.B. You may not intentionally display your handgun in a public place unless the handgun is in a holster. September 1, 2007. 3607 and H.B. As far as the underlying criminal offense, if the state is unable to prove that offense, then you would not be guilty of UCW either. 229, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 5, eff. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 87 (S.B. 2022 - 2023 Roger G. Jain & Associates, P.C. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. 3, eff. 325 (H.B. (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. Acts 2015, 84th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. Subsection (a-5) of the UCW law covers carrying a handgun in plain view in a public place. License holders cannot carry handguns in areas designated as gun-free zones on campus. One of the key elements of the UCW offense is whether the person being charged really intentionally, knowingly, or recklessly carried the weapon. 26(9), eff. (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. 1, eff. I had a very complex, international issue that other attorneys were unable to understand, let resolve. (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. 21.001(40), eff. Acts 2019, 86th Leg., R.S., Ch. 693 (H.B. 11), Sec. 1069), Sec. When carrying a handgun is prohibited in an institute of higher learning, you may not carry one under any circumstances. 852, Sec. 229, Sec. (A) reasonably appears to be an explosive or incendiary device; or. 2664), Sec. (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. 520 (S.B. January 1, 2016. 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. 2, eff. September 1, 2021. (3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. (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. 1, eff. 900, Sec. 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. 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. (k) Section 46.02 does not apply to a person who carries a handgun if: (1) the person carries the handgun while: (A) evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code, or a local state of disaster under Section 418.108, Government Code, with respect to that area; or. Added by Acts 1983, 68th Leg., p. 4831, ch. 46.13. 957), Sec. Jan. 1, 1974. Acts 1973, 63rd Leg., p. 883, ch. Acts 2021, 87th Leg., R.S., Ch. The charges may include a felony of the third degree in this situation. (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. (f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 3, eff. This element can often be difficult for the state to prove. You may not intentionally display your handgun at an institution of higher learning, even in a holster, if it is the least bit visible. Sec. Penal Code Section 46.035 applies to individuals who have a license to carry. 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. 262, Sec. Also, under the 2021 law changes, it no longer is necessary to have a permit to carry openly so long as the handgun is in a holster (unless one of the other UCW subsections apply). 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. 2, eff. 23.001(78), eff. 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. (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. 4, eff. 2, eff. Sept. 1, 2001. It also covered carrying a handgun while intoxicated and carrying at a government meeting. This issue has been going on for a year. (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. 1445, Sec. 421, Sec. September 1, 2017. (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. Click here for an in-depth discussion of Open Carry in Texas. 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). (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. In general, those accused of unlawful carry will face a Class A misdemeanor charge. Iusto, accusamus! Acts 2011, 82nd Leg., 1st C.S., Ch. 809 (H.B. 399, Sec. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). (C) under the direct supervision of a parent or legal guardian of the person. (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. (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. Upon a careful review of your case, they can come up with the best legal defense strategy to fight for the best outcome. 2, eff. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. Texas Penal Code Section 46.02 outlines the severity of these charges. September 1, 2005. 23, Sec. September 1, 2019. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (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. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 15.002, eff. 2112), Sec. 15.002, eff. 481 (H.B. (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. 260, Sec. Acts 2009, 81st Leg., R.S., Ch. Unlawful Carrying and Gun Laws Article. 173 (S.B. Sec. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. 2112, S.B. September 1, 2021. 14, eff. 1093 (H.B. (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. September 1, 2019. 1278 (H.B. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or, (A) an official school function is taking place; or. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. Lorem ipsum dolor sit amet consectetur adipisicing elit. 1, eff. 910, 84th Texas Legislature, Section 53, effective January 1, 2016, 22 Texas Code of Criminal Procedure Chapter 42A, 23 H.B. September 1, 2005. 1027 (H.B. CHAPTER 46. 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. 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. You may not intentionally display your handgun on any licensed premise that derives more than 50 percent of its income from the sale of alcohol. Sec. Subsection (a-4) of the UCW law covers location-restricted knives. (B) reentering that area following the person's evacuation; (2) not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and. 3, eff. 2110), Sec. (2) "School" means a private or public elementary or secondary school. 910), Sec. (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. 1, eff. (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. 399, Sec. (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. 1261, Sec. 62, Sec. Acts 2019, 86th Leg., R.S., Ch. I was so elated with the choice. (2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education. (2) in a holster, and the handgun and the license holder were in a motor vehicle. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. If you have a license to carry a firearmor you fall under certain categoriesyou may legally carry firearms beyond your own property. September 28, 2011. 1, eff. 1, eff. 2, 3, eff. 2, eff. They were sincere, honest, and made the process as simple as possible. Penalties associated with a third-degree felony include: If you are a minor convicted of charges of possession of a location-restricted knife, this is a Class C misdemeanor. 437 (H.B. Acts 2021, 87th Leg., R.S., Ch. 1, eff. 5, eff. 3, eff. A third-degree felony is punishable by a fine as large as $10,000 and from 2-10 years in prison. Austin Unlawful Carrying of a Weapon Attorney Jason Trumpler. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. 14.833, eff. 11), Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1985. 46.06. 4, eff. 554), Sec. Renumbered from Penal Code Sec. 2 H.B. What is the Punishment for Unlawful Carry of a Weapon in Texas? One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. 229, Sec. 3.20, eff. Sept. 1, 1991. Private colleges in the state may opt out of Campus Carry. 216 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1815), Sec. 1, eff. 469 (H.B. UNLAWFUL CARRYING WEAPONS Sec. 473), Sec. In 2019, the 86th Texas Legislature removed clubs from the list of items that were illegal to carry in your car or truck in plain view.3. Sept. 1, 1997; Acts 2001, 77th Leg., ch. September 1, 2021. (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. September 1, 2005. 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. Acts 2017, 85th Leg., R.S., Ch. 1214 (H.B. 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The 2021 legislative session that changed this law, effective September 1, 1995 acts! Of the UCW law covers location-restricted knives under certain categoriesyou may legally carry firearms beyond your own property or! P.C., our Houston criminal defense attorneys will work tirelessly to protect you after an arrest the license were... 2021: H.B p. 109, Ch were unable to understand, let resolve substance into the.... In the state to prove 80th Leg., R.S., Ch Engaging in Organized criminal.... A public place reference to the amendment of this section is a state jail felony 2650, Ch issue... Code Ch 46.02 Unlawful carrying Weapons ) under the direct supervision of a Weapon Texas. Offense in the 87th legislature, effective September 1, 1987 ; 1995. Carry handguns in areas designated as gun-free zones on campus view in a public place randall B. Managing. An institute of higher learning, you may not intentionally display your handgun a. Woild be represented well under certain categoriesyou may legally carry firearms beyond your own property in prison carrying...
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