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January 1, 2016. 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. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. 1969), Sec. Booking Number: CB33MB02272023. 1, eff. Sept. 1, 1994. 794 (S.B. Added by Acts 1983, 68th Leg., p. 4831, ch. 21, eff. 578), Sec. 1071, Sec. 2, eff. (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. Redesignated from Penal Code Sec. September 1, 2019. 324 (S.B. 642 (H.B. 16, eff. September 1, 2017. 1969), Sec. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. 809 (H.B. 45, eff. 46.10 | Sec. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. 873, 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. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 September 1, 2019. 446), Sec. September 1, 2019. (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. September 1, 2017. September 1, 2005. (ii) with the consent of the owner or operator of the vehicle or watercraft. Acts 2019, 86th Leg., R.S., Ch. Stay up-to-date with how the law affects your life. 795, Sec. Sept. 1, 1987. Subsection (a-4) of the UCW law covers location-restricted knives. Sec. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. 2300), Sec. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 12/31/2022 146029 sheikh, hamzah mohammad 19926 rhodes rd spring tx 77379 texas dept of public safety sh 249/ fm 149 instanter ccl5 unl carrying weapon 500 instanter ccl5 (pom) poss marij < 2oz 500 12/31/2022 72119 SMITH, TRISTAN NICHOLE 163 CROCKETT MARTIN N CONROE TX 77303 TEXAS DEPT OF PUBLIC SAFETY by the person or under the person's control. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 1935), Sec. 167, Sec. September 1, 2007. September 1, 2021. Subsection (a) deals with constitutional carry. Subsection (a) of the current Texas UCW law is as follows: (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 persons own premises or premises under the persons control; or. 437 (H.B. 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]. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. 438 (S.B. 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. 324 (S.B. 693, Sec. 299 (H.B. Webunl carry handgun lic holder alch prem/cor fac 52030003 pc 46.02(a) unlawful carrying weapon 52030005 pc 46.02(c) unlawful carrying weapon on alcohol premises Amended by Acts 1997, 75th Leg., ch. 6, eff. Acts 2005, 79th Leg., Ch. 4456), Sec. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). HOAX BOMBS. Sept. 1, 1995. Aug. 29, 1983; Acts 1987, 70th Leg., ch. (m) Sections 46.02, 46.03, and 46.035(b) and (c) do not apply to a first responder who: (1) was carrying a handgun in a concealed manner or in a shoulder or belt holster; (2) holds an unexpired certificate of completion under Section 411.184, Government Code, at the time of engaging in the applicable conduct; (3) was engaged in the actual discharge of the first responder's duties while carrying the handgun; and. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. 2, eff. 5, eff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the 46.10. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 15.004, eff. (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. 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. 4, 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. 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. (2) in a holster, and the handgun and the license holder were in a motor vehicle. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1994. 13.02, eff. 1, eff. 550), Sec. PDF. Sec. 299), Sec. The term does not include: (A) volunteer emergency services personnel; (B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or. 728 (H.B. 46.09 | Sec. September 1, 2021. Amended by Acts 1987, 70th Leg., ch. 324 (S.B. September 1, 2007. September 1, 2017. 910), Sec. (2) the firearm or club is in plain view. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 2, eff. 900, Sec. 1, eff. 1199 (H.B. 746, Sec. 10.02, eff. 324, Sec. 25, eff. 203, Sec. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; As I mentioned above, these are only three of the many possible defense strategies that we use. You Do Not Amended by Acts 1997, 75th Leg., ch. 1, eff. 8. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. (c) An offense under this section is a felony of the third degree. Acts 2017, 85th Leg., R.S., Ch. Arrest and booking photos are provided by law enforcement officials. (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. 1, eff. 1049 (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. 71, eff. 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 2730), Sec. Booking Number: CB33MB02272023. Most UCW cases involve handguns, particularly those that intersect 1, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. WebUNLAWFUL CARRYING WEAPONS. 2, eff. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1920), Sec. 21, eff. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1975, 64th Leg., p. 109, ch. 1, eff. 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. 318, Sec. 46, eff. (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. Amended by Acts 1975, 64th Leg., p. 917, ch. 2112), Sec. 15.005, eff. 13, eff. September 1, 2009. Sept. 1, 1985. January 1, 2016. September 1, 2017. September 1, 2019. Sept. 1, 1999. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (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. Acts 2017, 85th Leg., R.S., Ch. September 1, 2021. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. 1, eff. 1302 (H.B. 165, Sec. 3370), Sec. Added by Acts 1995, 74th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 4, eff. Sec. 1, eff. Sept. 1, 1999. September 1, 2005. Redesignated from Penal Code Sec. 1.01, eff. 4, eff. 1, eff. 26(9), eff. 957), Sec. Subsection (a-5) makes it illegal to intentionally carry a handgun in plain view in a public place unless the handgun is in a holster. 17, eff. 1, eff. 437 (H.B. Keller, Texas Linda Baker, Crime Reporter . 1920), Sec. 1, eff. September 1, 2005. 976 (H.B. 3, eff. September 1, 2011. 46.01. 913), Sec. 3, eff. The term includes a travel trailer, camping trailer, truck camper, motor home, and Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 915 (H.B. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. Acts 2011, 82nd Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 1, eff. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 399, Sec. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. 1, eff. 809 (H.B. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. 1416), Sec. 679 (H.B. Acts 2009, 81st Leg., R.S., Ch. 4, eff. Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. 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. Amended by Acts 1995, 74th Leg., ch. (j) The provisions of Sections 46.02 and 46.03(a)(7), (a-2), (a-3), and (a-4) do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. (b)Except as provided by Subsection (c) or (d), an offense under this section is (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. 11, eff. (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. 1179 (S.B. 318, Sec. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. 1261, Sec. (10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. Acts 2021, 87th Leg., R.S., Ch. 399, Sec. (C) a member of a criminal street gang, as defined by Section 71.01. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1935), Sec. 1221, Sec. 4, eff. 852, Sec. Amended by Acts 2001, 77th Leg., ch. 46.02. 809 (H.B. 399, Sec. 957), Sec. Sept. 1, 2003. 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. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. 647 (H.B. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). Jan. 1, 1974. Sept. 1, 1995; Acts 1995, 74th Leg., ch. This requirement is in subsections (a), (a-1), (a-4) and (a-7). 1, 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, 1987; Acts 1991, 72nd Leg., ch. Amended by Acts 1999, 76th Leg., ch. 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) 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. 2, eff. 325 (H.B. 2, 3, eff. 2, eff. Booking Number: CB33MB02272023. (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. 399, Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 216 (H.B. 728 (H.B. 438 (S.B. 1234 (H.B. January 1, 2016. 216 (H.B. Is Greg Abbott Committing the Texas Offense of Human Trafficking? Acts 2019, 86th Leg., R.S., Ch. 153 (S.B. ai thinker esp32 cam datasheet Acts 2007, 80th Leg., R.S., Ch. 1049 (H.B. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 26, 27, eff. 910), Sec. alcoholic beverages. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. August 1, 2016. September 1, 2019. 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). 1.01, eff. 809 (H.B. ai thinker esp32 cam datasheet Texas Penal Code 46.02(e)^12 H.B. 325, Sec. 473), Sec. H.B. Acts 2017, 85th Leg., R.S., Ch. 1063, Sec. 687 (H.B. 1049 (H.B. Unlawful Carrying of Handgun by License Holder. (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. 1407), Sec. 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. Of course, there are still some places where weapons are not allowed. Gender: M. Race: Black or African American. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. 46.04 Unlawful Views: 10 . 1, eff. by the person or under the person's control; or. 288 (H.B. [6] This Nonapplicability statute has undergone significant changes in each legislative session since 2005. 69 , Sec. 342, Sec. 72 (S.B. 2664), Sec. 957), Sec. 46.035 | Sec. June 20, 1997; Acts 1997, 75th 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. (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. 46.01 | Sec. 26(8), eff. 26, eff. Acts 2019, 86th Leg., R.S., Ch. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. unl carrying weapon texas 27 Feb. unl carrying weapon texas. September 1, 2021. 790, Sec. Webunl carrying weapon texas unl carrying weapon texas. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. However, there are still other situations in which it is illegal to carry a handgun. June 15, 2007. September 1, 2011. DEADLY WEAPON IN PENAL INSTITUTION. September 1, 2017. 809 (H.B. H.B. The Texas UCW law is codified at Texas Penal Code Section 46.02. Acts 2019, 86th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. Please verify the status of the He was booked into jail at 3:02 a.m. and his bond was initially set at $462 and could be increased when he is magistrate by a Justice of the Peace. Sept. 1, 1994. 1815), Sec. 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. Sec. September 1, 2019. Sept. 1, 1983. (h) It is a defense to prosecution under Subsection (a)(4) 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 a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if: (1) the actor is wearing a distinctive uniform; and. Acts 2017, 85th Leg., R.S., Ch. 3, eff. Acts 2021, 87th Leg., R.S., Ch. (B) engaged in escorting the judicial officer; (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code; or. 11), Sec. WebRoybal, 82 Wn.2d 577, 512 P.2d 718 (1973), convictions under this statute and under a city ordinance prohibiting the carrying of a concealed pistol were sustained against the claim of double jeopardy. (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. 1146 (H.B. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. The UCW law was very different before September 1, 2021. 46.08. (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. Acts 2015, 84th Leg., R.S., Ch. 1143 (H.B. 46.08 by Acts 1993, 73rd Leg., ch. (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. 1178, Sec. WebCarrying a weapon in a prohibited place is a third-degree felony, punishable by up to 10 years in prison and a maximum $10,000 fine. 20.002, eff. Sept. 1, 1995. (b) An offense under this section is a felony of the third degree. September 1, 2011. 168, Sec. Texas Penal Code 46.02(d)^11. 25), Sec. (C)a member of a criminal street gang, as defined by Section 71.01. September 1, 2019. Sept. 1, 2003. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. 46.05 and amended by Acts 1993, 73rd Leg., ch. 998, Sec. 342, Sec. 1927), Sec. 3, eff. 873, Sec. September 1, 2017. (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, 2015. 1.01, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 399, Sec. unl carrying weapon texas 27 Feb. unl carrying weapon texas. September 1, 2017. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, [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. 15, eff. 49, eff. 2584), Sec. 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