Amended by Acts 1985, 69th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (e) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or. 435), Sec. (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. 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. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. (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. January 1, 2016. regardless of whether that use is temporary or permanent. September 1, 2019. Please verify the status of the (c)An offense under this section is a felony of the third degree if the offense is 1063, Sec. Jan. 1, 1996; Acts 1997, 75th Leg., ch. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person Added by Acts 1995, 74th 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. 435), Sec. 1, 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. (g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1). Sept. 1, 1997; Acts 1999, 76th Leg., ch. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. (b) Sections 46.02, 46.03(a)(14), and 46.04(a-1) do not apply to a person who: (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution; (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 actor's 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 person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view; (5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's 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 officer's weapon in plain view; or. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. shoulder or belt holster; or. Acts 2019, 86th Leg., R.S., Ch. September 1, 2013. (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. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 1, eff. 1001 (H.B. (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. 203, Sec. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 438 (S.B. (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. 1445, Sec. 4, eff. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle Acts 2015, 84th Leg., R.S., Ch. 2.60, eff. 1, eff. 46.035. 1536), Sec. More about our Notable Victories and Press, Attorney Advertising. 69 (S.B. September 1, 2021. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. 46.04 Unlawful Contact us. Sept. 1, 1987. Acts 2019, 86th Leg., R.S., Ch. 1, eff. (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. DEADLY WEAPON IN PENAL INSTITUTION. 26(8), eff. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 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. Acts 2005, 79th Leg., Ch. 5.01(a)(46), eff. 10.02, eff. 1, eff. 1815), Sec. 746, Sec. 399, Sec. 46.041 | Sec. (C) a member of a criminal street gang, as defined by Section 71.01. September 1, 2005. 746, Sec. He was booked into the jail at 2:45 a.m. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and Reckless Driving. 6, eff. January 1, 2016. 900, Sec. 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 officers or investigators 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 officers duties while carrying the weapon; and. Acts 2017, 85th Leg., R.S., Ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Booking Date: 2/27/2023. 2, eff. September 1, 2005. 4, eff. Acts 2005, 79th Leg., Ch. 7, eff. 481 (H.B. HOAX BOMBS. Amended by Acts 1987, 70th Leg., ch. 1927), Sec. Acts 2021, 87th Leg., R.S., Ch. 1304, Sec. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. 26(10), eff. September 1, 2009. (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. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 446), Sec. 46.03 | Sec. 421, Sec. 167, Sec. 342, Sec. DEFINITIONS. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 910), Sec. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 1, 2 eff. 14, eff. 46.10 by Acts 1993, 73rd Leg., ch. (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 person's 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. 8, eff. 1048 (H.B. (3) promptly departed from the premises or other property. 46.14. 15, eff. 15.002, eff. 3, eff. 46.04. 693 (H.B. 20-year-old Kalani Celaya was arrested by Tom Green County Sheriff's Deputies Thursday morning for Criminal Trespass and Resisting Arrest, Search or Transport. (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. September 1, 2005. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 794 (S.B. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 2112), Sec. 25), Sec. 809 (H.B. Acts 2021, 87th Leg., R.S., Ch. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 1143 (H.B. 13.02, eff. H.B. September 1, 2015. September 1, 2021. 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. We explore the UCW law and how it has changed in more detail below. 46.09. 229, Sec. 2303), Sec. September 1, 2011. June 20, 1997; Acts 1997, 75th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 1177), Sec. 554, Sec. 1302 (H.B. Acts 2017, 85th 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. (C)a member of a criminal street gang, as defined by Section 71.01. Current as of April 14, 2021 | Updated by FindLaw Staff. Sept. 1, 2003. 46.02. 1889), Sec. Booking Date: 2/27/2023. 46.12 | Sec. 1815), Sec. (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. 2112, S.B. 18, 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. 2101), Sec. [4] The law in effect for offenses occurring on or after September 1, 2017, but before September 1, 2019, is below (language removed from the 2015 version of the law is indicated in strikethrough): (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and. PDF. committed on any premises licensed or issued a permit by this state for the sale of Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. Sept. 1, 1999. 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. 2, eff. 1920), Sec. 687 (H.B. 3, eff. Acts 2005, 79th Leg., Ch. 1, eff. 437 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. June 14, 2013. Acts 2015, 84th Leg., R.S., Ch. 79), Sec. Acts 1973, 63rd Leg., p. 883, ch. 62, Sec. Acts 2021, 87th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 13, eff. Acts 2021, 87th Leg., R.S., Ch. [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. 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. 1927), Sec. Sec. Renumbered from Penal Code Sec. (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, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer 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: (B) a qualified retired law enforcement officer; (D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies; (6) a 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 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, (B) engaged in escorting the judicial officer; or. 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