Texas handgun law: Unlicensed carrying requirements explained The new Texas law allowing the unlicensed carrying of handguns does not mean anyone can go anywhere in the state with a. Texas Penal Code Section 46.02 outlines the severity of these charges. information specific to the License to Carry program and any other relevant information related to the carrying of firearms in Texas. Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. 1, eff. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. 1302 (H.B. Acts 2021, 87th Leg., R.S., Ch. September 1, 2009. 3, eff. 746, Sec. 873, Sec. The Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). (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. Paul is very knowledgeable about the law and puts the needs of his clients first. Unlawful Carry of Weapon in Texas, https://versustexas.com/blog/unlawful-carry-of-a-weapon/, Unlawful Carry of a Weapon License Holders. CCH Conviction counts based on CDN codes 310, 311, 326, 331 . September 1, 2021. 1, eff. Acts 2019, 86th Leg., R.S., Ch. Renumbered from Penal Code 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. Sept. 1, 1999. 852, Sec. 1, eff. 1060, Sec. 11), Sec. (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. 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. 1, eff. 437 (H.B. Under Texas Penal Code Ch 46.02 Unlawful Carrying Weapons, a person cannot legally intentionally, knowingly, or recklessly possess a handgun or club in most public places in Texas without a permit. Acts 2019, 86th Leg., R.S., Ch. April 1, 2019. He knows how the criminal justice system works from the inside out. All rights reserved. 1221, Sec. 62, Sec. Acts 2015, 84th Leg., R.S., Ch. 1927), Sec. September 1, 2017. Acts 1973, 63rd Leg., p. 883, ch. He was charged with UNL CARRYING WEAPON IAT WFZ 46.02. Amended by Acts 1987, 70th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. This includes a boat you own, as well as your motor vehicles. 1060, Sec. 229, 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. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. 173 (S.B. June 20, 1997; Acts 1997, 75th Leg., ch. (2) possesses or conceals a deadly weapon in the penal institution. Charge Description: UNL CARRYING WEAPON Bond Amount: $2,500.00 Charge Description: POSS MARIJ Bond Amount: $500.00 ** This post is showing arrest information only. What is Unlawful Carrying of Weapons in Texas? 324 (S.B. September 1, 2019. © 2023 Site Name. Best Review Site for Digital Cameras. Acts 2011, 82nd Leg., R.S., Ch. 2303), Sec. 913), 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). 26(9), eff. 155 (H.B. This requirement is in subsections (a), (a-1), (a-4) and (a-7). 1927), Sec. 421, Sec. (2) "School" means a private or public elementary or secondary school. 1199 (H.B. 1, eff. His skill and handwork is only surpassed by his modesty and compassion. Jan. 1, 1974. (2) at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited. 23.001(78), eff. 7, eff. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. 693 (H.B. (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. 4170), Sec. 1935), Sec. 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. 203, Sec. Sept. 1, 1995. (3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable. 1, eff. Available 24/7 | Se Habla Espaol, Texas Penal Code Ch 46.02 Unlawful Carrying Weapons, If you face charges of unlawful carrying weapons, consult with a. . 814 (H.B. There are certain categories of people who are exempted from the Unlawful Carrying of Weapons law, including the following: Security officers, Law enforcement officers, Certain military members, Court officials, Those who are traveling, Hunters, Those possessing a handgun license, Under certain circumstances, animal control officers, Those engaged in a historical reenactment and Those who hold an alcoholic beverage permit. 1, eff. 913), Sec. 910), Sec. Under Texas Penal Code Section 46.02, if you knowingly, intentionally, or recklessly carry a handgun on your person, and you are younger than 21, have been convicted of a specific offense during the prior five-year period, are not licensed, and are not on your own premises or inside your own motor vehicle or watercraft, then you have committed an offense. (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. Amended by Acts 1999, 76th Leg., ch. September 1, 2019. (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. (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. We won our case and he did an excellent job in keeping my fiance informed throughout the process. 46.02. September 1, 2021. (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. 4170), Sec. (c) In this section: (1) 679 (H.B. 2110), Sec. All Rights Reserved. This is generally a Class A misdemeanor in Texas although as explained below, it can become a third degree felony under certain circumstances. Now imagine you get stopped and charged with DWI. Acts 2005, 79th Leg., Ch. 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. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. September 1, 2021. If you are charged with unlawful possession of a firearm by a felon or otherwise, you need an experienced criminal defense attorney who can help defend the potential for conviction and punishment under these provisions. September 1, 2011. 2, eff. 749, Sec. All Rights Reserved. 2, eff. 4B.21, eff. There are also limits to the types of knives minors can possess in public places. 1813), Sec. Acts 2019, 86th Leg., R.S., Ch. 69 (S.B. September 1, 2015. 288 (H.B. 920 (S.B. 229, Sec. 2112), Sec. An offense under Subsection (a)(5) is a state jail felony. Paul demonstrated the highest degree of professionalism and integrity. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. (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. (d) It is a defense to prosecution under Subsection (a)(5) 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: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. 49, Sec. 518 (S.B. September 1, 2015. Amended by Acts 1997, 75th Leg., ch. 1.01, eff. 1445, Sec. The exception regarding carrying in, to, and from your home or vehicle does still apply to the people under 21 and those convicted of the offenses described above. (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. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). Jan. 1, 1974. (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. . Sept. 1, 1987; Acts 1991, 72nd Leg., ch. (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: Sept. 1, 1991. 2664), Sec. Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. 4, eff. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. Acts 2013, 83rd Leg., R.S., Ch. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. Switchblades knives. Our customers love our service and attention to detail. 7, eff. Amended by Acts 1997, 75th Leg., ch. 823), Sec. At Roger G. Jain & Associates, P.C., our Houston criminal defense attorneys will work tirelessly to protect you after an arrest. 2, eff. 1, eff. 15.004, eff. Amended by Acts 1983, 68th Leg., p. 2962, ch. 5, eff. Acts 2007, 80th Leg., R.S., Ch. We Can Help You Build A Defense Send Us A Message Below And One Of Our Staff Members Will Get Back To You As Soon As Possible. What is UCW in Texas? 2.60, 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. 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). If you have a license to carry a firearmor you fall under certain categoriesyou may legally carry firearms beyond your own property. 46.08 by Acts 1993, 73rd Leg., ch. Acts 2021, 87th Leg., R.S., Ch. (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. 1416), Sec. He is confident, straightforward, and very personable. (B) engaged in providing emergency services. 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. 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. (f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense: (1) is designated by a law of this state as a felony; (2) contains all the elements of an offense designated by a law of this state as a felony; or. 1278 (H.B. Our team can represent you during court appearances and present a strong defense on your behalf. WEAPONS. 46.041. (a) A 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(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution; or. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. June 15, 2007. If you face charges of unlawful carrying weapons, consult with a criminal defense lawyer in Dallas, Texas. 8, eff. 910), Sec. 50, eff. September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. September 1, 2019. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 910), Sec. 46.02. September 1, 2019. 3(2), eff. This was my first time having to hire an attorney and was very skeptical, but Roger and his law staff put everything into perspective and explained the process and what is to be expected throughout the entire ordeal. 2.01, eff. (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 2, eff. (a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions. Acts 2015, 84th Leg., R.S., Ch. 1143 (H.B. 910, 84th Texas Legislature, Section 51, H.B. UNLCARRYINGWEAPON--(ClassAMisdemeanor) OnJune13'",2021, at approximately2:08 AM, Ofcers from the Austin PoliceDepartment (APD) responded to "shotsred"call at 4211 Todd Lane, Austin, Texas.Upontheirarrival,ofcersencountered 910, 84th Texas Legislature, Section 51, effective January 1, 2016, 21 H.B. If you face accusations or charges of unlawful carrying of a handgun, club, or location-restricted knife and violating Texas Penal Code Ch 46.02, the team from the Law Offices of Randall B. Isenberg can help. Acts 2015, 84th Leg., R.S., Ch. 2.60, eff. 2, eff. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 1178, Sec. "Convictions of CHL Holders" includes any conviction reported to the Handgun Licensing Program for which the convictedindividual held a license to carry a handgun at the time the offense was committed. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 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,8, people who are traveling,9 hunters and fishermen,10 security officers,11 personal protection officers,12 CHL holders,13 alcoholic beverage permit holders,14 and law enforcement students under certain circumstances.15. Sec. Acts 2005, 79th Leg., Ch. 69 , Sec. Sec. Acts 2005, 79th Leg., Ch. Unlawful Carry Weapon (UCW) (Misdemeanor) In some instances, the state may choose to file the case as a misdemeanor charge of Unlawful Carry of a Weapon under Section 46.02 of the Texas Penal Code. 754, Sec. 481 (H.B. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. September 1, 2021. Added by Acts 1995, 74th Leg., ch. January 1, 2016. 2, eff. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. Subsection (a-8) allows people in violation of subsection (a-7) to be prosecuted under (a-7) or Unlawful Possession of a Firearm or other similar law. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 91 (S.B. September 1, 2021. Sept. 1, 1997; Acts 2001, 77th Leg., ch. The Law Governing Carrying Weapons in Texas. 578), Sec. Jan. 1, 1974. Subsection (a-4) of the UCW law covers location-restricted knives. (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. (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited; (7) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (8) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event; (9) on the premises of a correctional facility; (10) on the premises of a civil commitment facility; (11) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate; (12) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration; (14) in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter. Acts 2013, 83rd Leg., R.S., Ch. 45, eff. September 1, 2021. Acts 2017, 85th Leg., R.S., Ch. 167, Sec. 852, Sec. (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. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. Added by Acts 1983, 68th Leg., p. 4831, ch. In general, illegally carrying a handgun without a CHL in Texas is a Class A Misdemeanor punishable by up to 1 year in jail and up to a $4,000 fine. 324 (S.B. 1, eff. January 1, 2016. 921 (H.B. 1221, Sec. Man, I cant say enough about this guy! 1, eff. 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 Acts 2021, 87th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. Acts 2005, 79th Leg., Ch. 2730), Sec. Acts 2011, 82nd Leg., R.S., Ch. 437 (H.B. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. I recommend this law firm. 4, eff. September 1, 2021. Amended by Acts 1985, 69th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. TITLE 10. 964), Sec. (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. Most UCW cases involve handguns, particularly those that intersect with DWI charges. 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. 1143 (H.B. 4, eff. (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. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. September 1, 2017. Otherwise, (a-7) violations are punished as third-degree felonies. 26, 27, eff. September 1, 2017. (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. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. 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. 11), Sec. 1969), Sec. (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. (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. 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. September 1, 2007. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. TX Penal Code Ch 46.02 - Unlawful Carrying Weapons | Randall Isenberg Hablamos Espaol. 399, Sec. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. 46.02 Unlawful Carrying Weapons (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and (2) is not: (A) on the person's own premises or premises under the person's control; or (B) 1.01, eff. 1043, Sec. 4, eff. Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. 46.09. 1, eff. 46.09 by Acts 1993, 73rd Leg., ch. The inside out Code Ch 46.02 - Unlawful carrying Weapons, consult with a criminal attorneys. ) was authorized by a federal agency or the airport operator to possess a firearm in a area... Or a club on any property you own or control a misdemeanor in Texas, https: //versustexas.com/blog/unlawful-carry-of-a-weapon/, Carry. 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Now imagine you get stopped and charged with DWI charges 1997 ; acts 2001, 77th Leg.,,! System works from the inside out that intersect with DWI charges imagine you get and. You face charges of Unlawful carrying Weapons | Randall Isenberg Hablamos Espaol a firearmor you fall under certain circumstances UCW! Ucw charges are eligible to be deferred under Article 42A.102 of the law, are! Weapons | Randall Isenberg Hablamos Espaol we won our case and he did an excellent job keeping.: Significant changes were made to the types of knives minors can possess in places. Of criminal Procedure, 75th Leg., R.S., Ch, Sections 46.02 ( a-1 ), ( a-7 would! As explained below, it can become a third degree felony under certain categoriesyou may Carry... Has the meaning assigned that term by Section 2021.003 ( 41 ), Code... 2015, 84th Leg., p. 4831, Ch it can become a third degree.... 679 ( H.B carrying Weapons | Randall Isenberg Hablamos Espaol a Class misdemeanor!
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