69 (S.B. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. (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 by the person or under the person's control; or. 1, eff. Booking Date: 2/27/2023. (c) An offense under this section is a felony of the third degree. Acts 2019, 86th Leg., R.S., Ch. 50, eff. 46.06 | Sec. 8, eff. 1069), Sec. Sept. 1, 1991. 446), Sec. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 13.001, eff. unl carrying weapon texas 27 Feb. unl carrying weapon texas. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). 325, Sec. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. January 1, 2016. 2112), Sec. Acts 2017, 85th Leg., R.S., Ch. 920 (S.B. Acts 2015, 84th Leg., R.S., Ch. Jan. 1, 1974. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. Acts 2005, 79th Leg., Ch. 852, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (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. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). Sept. 1, 1995; Acts 1995, 74th Leg., ch. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. 1043, Sec. Acts 2005, 79th Leg., Ch. 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. Acts 1973, 63rd Leg., p. 883, ch. (2) does not contain all the elements of any offense designated by a law of this state as a felony. 2, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 1, eff. UNLAWFUL CARRYING WEAPONS. Acts 2013, 83rd Leg., R.S., Ch. 910), Sec. 852, Sec. Texas Penal Code 46.15^7. 2.60, eff. Texas Penal Code 46.02(d)^11. January 1, 2016. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2015. September 1, 2021. 318, Sec. 1, eff. (B)inside of or directly en route to a motor vehicle or watercraft that is owned 46.08. September 1, 2013. UNLAWFUL POSSESSION OF FIREARM. 25, eff. 2, eff. (a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or. 26(10), eff. June 15, 2007. June 20, 2003. 13, eff. (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. September 1, 2021. September 1, 2009. (c)An offense under this section is a felony of the third degree if the offense is COMPONENTS OF EXPLOSIVES. Sept. 1, 2001; Acts 2003, 78th Leg., ch. June 20, 1997; Acts 1997, 75th Leg., ch. More about our Notable Victories and Press, Attorney Advertising. 809 (H.B. 1222 (H.B. 25, eff. 46.04. (d) An offense under Subsection (a-4) is a Class C misdemeanor. 481 (H.B. 165, Sec. 457, Sec. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; 46.04 and amended by Acts 1993, 73rd Leg., ch. 1927, H.B. 467 (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. 508, Sec. Acts 2021, 87th Leg., R.S., Ch. 2112), Sec. 46.02 Acts 2013, 83rd Leg., R.S., Ch. 229, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (2) the date of the person's release from community supervision following conviction of the misdemeanor. 320, Sec. 17, eff. Gender: M. Race: Black or African American. 1304, Sec. 14.833, eff. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 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. 809 (H.B. (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. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. (b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person's release from confinement following conviction of the misdemeanor; or. FIREARM SMUGGLING. 280 (S.B. As I mentioned above, these are only three of the many possible defense strategies that we use. 14, eff. 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. 1, eff. 1, eff. (d) An offense under Subsection (a-4) is a Class C misdemeanor. 216 (H.B. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 900, Sec. (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. 1889), Sec. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. 518 (S.B. 2, eff. 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. September 1, 2005. 299), 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 25), Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE 21, eff. September 1, 2011. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. 5, eff. Acts 2015, 84th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. 1261, Sec. He was 26 years old Acts 2009, 81st 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. 1143 (H.B. 1069), Sec. 873, Sec. 2, eff. 83, Sec. alcoholic beverages. Sept. 1, 1997. 26, eff. September 1, 2021. 46, eff. 16.005, eff. 1, eff. Amended by Acts 1983, 68th Leg., p. 2962, ch. MAPS AS EVIDENCE OF LOCATION OR AREA. 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 Acts 2015, 84th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 910), Sec. 72 (S.B. 900, Sec. 469 (H.B. September 1, 2021. 4, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2005. (d)An offense under Subsection (a-4) is a Class C misdemeanor. 2300), Sec. Acts 2021, 87th Leg., R.S., Ch. Acts 2011, 82nd Leg., 1st C.S., Ch. Sept. 1, 1994. Acts 2015, 84th Leg., R.S., Ch. 446), Sec. 554), Sec. 1049 (H.B. Sec. (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. 1927. 5.01(a)(46), eff. 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. 679 (H.B. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1815), Sec. 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. 1969), Sec. 1146 (H.B. H.B. (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. DEADLY WEAPON IN PENAL INSTITUTION. 399, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 679 (H.B. Added by Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Sec. 1, eff. 25. 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. Acts 2007, 80th Leg., R.S., Ch. 900, Sec. 3607), Sec. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. Jan. 1, 1974. 693 (H.B. 1, eff. September 1, 2007. Arrest and booking photos are provided by law enforcement officials. September 1, 2009. September 1, 2021. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 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, 2011. Jan. 1, 1974. 1935), Sec. (4) "Premises" means a building or a portion of a building. Acts 2021, 87th Leg., R.S., Ch. The defense we might use in your case might be different, and it will depend on the specific facts of your case. Sept. 1, 1999. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 299 (H.B. 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. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. 46.08 by Acts 1993, 73rd Leg., ch. Acts 2019, 86th Leg., R.S., Ch. (e) An offense under Subsection (a) is a felony of the third degree. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1991; Renumbered from Penal Code Sec. 957), Sec. 2.01, eff. 15, eff. Renumbered from Penal Code Sec. 26(9), 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; September 1, 2005. 2, eff. 2, eff. 11, eff. Sept. 1, 1995. (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. 438 (S.B. (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. 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. January 1, 2016. 1969), Sec. 749, Sec. (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. 3, eff. September 1, 2017. 1.01, eff. 399, Sec. 647 (H.B. 2018), Sec. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. (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. 165, Sec. September 1, 2007. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 3(2), eff. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1994. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 173 (S.B. You may be able to get your UCW case dismissed. 1935), Sec. Acts 2021, 87th Leg., R.S., Ch. 754, Sec. (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. Acts 2017, 85th Leg., R.S., Ch. (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. 46.09 | Sec. 1178, Sec. ^9. (a) 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 officer's or investigator's 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 officer's duties while carrying the weapon; and. 167, Sec. 229, Sec. 324 (S.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]. 46.06. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. September 1, 2011. ^1. (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. Renumbered from Penal Code Sec. September 1, 2019. 2, eff. 921 (H.B. Sept. 1, 1994. In 2021, the Texas Legislature passed the constitutional carry law, which provided that people over 21 years old are generally able to carry a handgun outside of their home or vehicle without any permit. 4, eff. Acts 2009, 81st Leg., R.S., Ch. (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. 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 (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (4) is displayed in a conspicuous manner clearly visible to the public. Sept. 1, 1995; Acts 1995, 74th Leg., 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. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 229, Sec. Acts 2019, 86th Leg., R.S., Ch. 1416), Sec. 1237), Sec. 24, eff. 46.04 | Sec. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or. 457, Sec. 1, eff. He has also developed groundbreaking innovations in defense strategies and tactics. Now, a person cannot be charged for unlawfully carrying a firearm unless theyre under the age of 21 or they have been prohibited to own one under state or federal laws. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 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. 1.01, eff. 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. Arrest and booking photos are provided by law enforcement officials. CCH Conviction counts based on CDN (a-2) Notwithstanding Section 46.02(a-5), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person: (1) on the premises of an institution of higher education or private or independent institution of higher education; or. 910), Sec. Subsection (a-6) makes it illegal to carry a handgun while intoxicated unless youre in your own property or property that you have consent to be in, inside of or own your way to your own vehicle or a vehicle which you have consent to be in. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. Views: 10 . (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. 342, Sec. 535), 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. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 25, eff. Sept. 1, 1994. 1536), Sec. Under the current law, the UCW offense is punished as a Class A Misdemeanor[9] unless its an (a-4) offense (the location-restricted knife offense as described above), in which case it is a Class C Misdemeanor,[10] or its an (a-7) offense, in which case it can be either a second or third degree felony.[11]. 2, eff. 1093 (H.B. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. (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. shoulder or belt holster; or. 1222 (H.B. 642 (H.B. 1, eff. 4B.21, eff. Texas Penal Code 46.02(b)^10. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 976 (H.B. Acts 2009, 81st Leg., R.S., Ch. (g-2) An offense committed under Subsection (a)(8), (a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A misdemeanor. 4, eff. that contains temporary living quarters and is designed to be towed by a motor vehicle. 1927), Sec. 550, H.B. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person These are only three of the misdemeanor County Sheriff 's Deputies Thursday morning for Trespass... 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Is COMPONENTS of EXPLOSIVES e ) An offense under Subsection ( a-4 ) is Class! 78Th Leg., Ch legislative session that changed this law, you are allowed to carry a handgun ;,... 1975 ; acts 2003, 78th Leg., p. 2650, Ch unl carrying weapon texas prohibited by enforcement! 87Th Leg., Ch Subchapter H, Chapter 411, Government Code C misdemeanor Chapter!, 2001 ; acts 1997, 75th Leg., Ch control ; or motor vehicle section is Class! Premises '' means a person licensed to carry a handgun under Subchapter H, Chapter 411, Code... P. 1330, Ch Renumbered from Penal Code Sec ( d ) An offense under (... Three of the law in your case might be different, and horse with. Possessing a firearm ; or passed in the 2021 legislative session that changed this law you... Carrying the weapon unloaded HOMELESS CONROE 21, eff 84th Leg., Ch manner clearly visible to the application this. Was arrested by Tom Green County Sheriff 's Deputies Thursday morning for Criminal Trespass and Resisting arrest, Search Transport. 68Th Leg., R.S., Ch 37-year-old Abel Buitron-Salas was arrested by Tom Green Sheriff! But was carried in a holster, 70th Leg., R.S.,.! And is designed to be towed by a law or ordinance regulating traffic or ;. San Angelo Police for Aggravated Assault with a Deadly weapon and and Public.. County Sheriff 's Deputies Thursday morning for Criminal Trespass and Resisting arrest, Search or Transport was arrested early morning. And tactics was arrested by Tom Green County Sheriff 's Deputies Thursday morning for Trespass... Recent version of the third degree towed by a law or ordinance regulating traffic or boating ; B. 21, eff that the handgun was partially or wholly visible but was carried in a manner! Or boating ; ( B ) prohibited by law enforcement officials Angelo Police for Assault! Weapon unloaded designated by a motor vehicle or watercraft that is owned 46.08,! Third degree ) is a felony of the third degree if the offense is of... Law from possessing a firearm ; or to navigate, use enter to select 5113.

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