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. 10.03, 31.01(70), eff. 1221, Sec. 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. 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; (2) at the time of the offense: (A) is younger than 21 years of age; or. 165, 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. 554, Sec. 2, eff. 16.005, eff. 167, Sec. (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. 3, eff. 46.04 | Sec. 16, eff. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 679 (H.B. January 1, 2021. 1063, Sec. Most UCW cases involve handguns, particularly those that intersect 1536), Sec. 1, eff. 4170), Sec. May 30, 1995; Acts 1995, 74th Leg., ch. Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. 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) This section does not apply to an offense under Section 46.03(a)(1). Acts 2011, 82nd Leg., 1st C.S., Ch. This includes a boat you own, as well as your motor (B) prohibited by law from possessing a firearm. 446), Sec. (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. 1.01, eff. Acts 2009, 81st Leg., R.S., Ch. 2, eff. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (2) for profit or any other form of remuneration. 1188), Sec. (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. 3, eff. 1, eff. 26(9), eff. 386, Sec. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. 2110), Sec. Acts 2005, 79th Leg., Ch. 203, Sec. Sec. 2, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Jan. 1, 1974. 4, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 3607 and H.B. 399, Sec. 2, eff. 1, eff. 1, eff. 1488), Sec. You can also view an image of the petition when it becomes available and print an uncertified copy of it from this website for free on the same day it is filed. by the person or under the person's control; or. (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. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 1, eff. 473), 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. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. (e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person. 299), Sec. 21, 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. 1, eff. 1222 (H.B. 10, eff. (e) An offense under Subsection (a) is a felony of the third degree. 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. Sept. 1, 1994. 1, eff. (2) the firearm or club is in plain view. Amended by Acts 1987, 70th Leg., ch. September 1, 2007. 873, Sec. 1069), Sec. 5.01(a)(47), eff. 957), Sec. 437 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1488), 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. 3, eff. 1049 (H.B. 1027 (H.B. The UCW law was very different before September 1, 2021. September 1, 2017. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Sept. 1, 1994. Acts 2017, 85th Leg., R.S., Ch. 25, eff. 1221, Sec. 1, eff. September 1, 2019. September 1, 2019. 1.01, eff. 687 (H.B. September 1, 2017. September 1, 2021. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (a-4) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife; (2) is younger than 18 years of age at the time of the offense; and. 318, Sec. (9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. 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): September 1, 2007. 62, Sec. (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. September 1, 2005. 910), Sec. 16.004, eff. September 1, 2005. (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. 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. September 1, 2017. Current as of April 14, 2021 | Updated by FindLaw Staff. 3, eff. (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. 642 (H.B. Acts 2015, 84th Leg., R.S., Ch. 216 (H.B. MAPS AS EVIDENCE OF LOCATION OR AREA. 4, eff. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. September 1, 2019. (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. 467 (H.B. 8, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. (a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane September 1, 2009. Sept. 1, 1994. 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. September 1, 2017. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. Sept. 1, 1985. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. that contains temporary living quarters and is designed to be towed by a motor vehicle. 1, eff. 1143 (H.B. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. Subsection (a-7) makes it illegal to possess a handgun outside of your home or vehicle if youre prohibited from possessing a firearm under the Unlawful Possession of Firearm law (unless the unlawful possession was because of membership in a criminal street gang. 1920), Sec. Sept. 1, 1994. 2.79; Acts 1991, 72nd Leg., ch. (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. September 1, 2005. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was: (1) carried in a holster by the license holder; or. 809 (H.B. 1, eff. 23, Sec. June 20, 1997; Acts 1997, 75th Leg., ch. 1026 (H.B. Acts 2009, 81st Leg., R.S., Ch. 1080 (H.B. The legislature also changed subsection (a-1) by providing that the plain view rule that prohibits carrying a handgun in plain view in a motor vehicle only applies to people who are under 21 years old, unless the 21-year-old has a license, so long as the handgun is in a holster. 26(9), eff. 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 licensed to carry a handgun 46.035 | Sec. (2) the date of the person's release from community supervision following conviction of the misdemeanor. 46.04 and amended by Acts 1993, 73rd Leg., ch. 920 (S.B. 13, eff. Sec. 2101), Sec. (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. Acts 2021, 87th Leg., R.S., Ch. 5.01(a)(46), eff. 2018), Sec. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the persons own property or property under the persons control or on private property with the consent of the owner of the property; or. 1, eff. 438 (S.B. 2112), Sec. 1179 (S.B. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). 1889), Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 9.25, eff. This requirement is in subsections (a), (a-1), (a-4) and (a-7). The current UCW law (effective as of September 1, 2021) makes it illegal to carry a handgun outside of your home or vehicle (unless youre directly en route to and from those locations) if youre: (1) intoxicated, (2) prohibited from possessing a firearm under other law, (3) under 21 years old, or (4) convicted of certain offenses within five years from the date of carry. Texas Code of Criminal Procedure Chapter 42A^16. 1488), Sec. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. Please verify the status of the Acts 2005, 79th Leg., Ch. shoulder or belt holster; or. 4, eff. 728 (H.B. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1969), Sec. 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