Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. 399, Sec. ai thinker esp32 cam datasheet Acts 2015, 84th Leg., R.S., Ch. (b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence: (2) left the firearm in a place to which the person knew or should have known the child would gain access. Sec. September 1, 2019. (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. 50, eff. Straight probation is also allowed to be imposed by both the judge and jury. (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. 1, eff. Jan. 1, 1974. 1920), Sec. 746, Sec. 46.06. September 1, 2005. Added by Acts 1985, 69th Leg., ch. AUSTIN, Texas Sept. 1, 1997. 1060, 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. 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. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021^3. 5, eff. Sept. 1, 1995. (A) reasonably appears to be an explosive or incendiary device; or. 2110), Sec. 693 (H.B. Acts 2021, 87th Leg., R.S., Ch. 1, eff. 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. 25), Sec. Acts 2017, 85th Leg., R.S., Ch. (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. Sec. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person Sept. 1, 1987; Acts 1987, 70th Leg., ch. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. Amended by Acts 1975, 64th Leg., p. 109, ch. Sept. 1, 1995. September 1, 2019. 4, eff. September 1, 2015. (e) An offense under Subsection (a) is a felony of the third degree. 7, eff. Acts 2007, 80th Leg., R.S., Ch. 5, eff. September 1, 2017. 1, eff. (2) in a holster, and the handgun and the license holder were in a motor vehicle. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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 1, eff. 900, Sec. Acts 2005, 79th Leg., Ch. (17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. 399, 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. He was booked into the jail at 2:45 a.m. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and Reckless Driving. 976 (H.B. 1049 (H.B. 26, 27, eff. carries on or about his or her person a handgun in a motor vehicle or watercraft that Acts 2009, 81st Leg., R.S., Ch. 15.02(g), eff. H.B. Sec. Acts 2017, 85th Leg., R.S., Ch. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. September 1, 2021. H.B. 3(2), eff. Have you been charged with Unlawful Carrying Weapons (UCW)? Jan. 1, 1974. 229, Sec. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. The following are five things our Dallas weapons charge defense attorneys want to make sure you know about unlawful carrying under Texas law. 1552), Sec. 1, eff. 1488), Sec. (p) Sections 46.03(a)(7), (11), and (13) do not apply if the actor: (1) carries a handgun on the premises or other property, as applicable; (2) holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). 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. 4, eff. 23, Sec. 1889), Sec. 24, eff. Note, however, that Section 46.035 contained separate rules for prohibited carry by CHL holders, but this law was repealed in 2021 by H.B. (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. (3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable. Amended by Acts 1995, 74th Leg., ch. 4, eff. (2) possesses or conceals a deadly weapon in the penal institution. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 728 (H.B. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. September 1, 2005. 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. 1060, Sec. September 1, 2021. His bond was set at $2,000. 399, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (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. (4) is displayed in a conspicuous manner clearly visible to the public. 1069), Sec. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1975, 64th Leg., p. 917, ch. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. 552, Sec. 900, Sec. 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 2015, 84th Leg., R.S., Ch. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. September 1, 2005. 473), Sec. 900, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. The term does not include a traffic control device that: (A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 1.01, eff. January 1, 2016. Sept. 1, 1997. 22, eff. [16] This is, unfortunately, a narrow category of UCW violations. 168, Sec. Sept. 1, 1987. 1, eff. (C) under the direct supervision of a parent or legal guardian of the person. 790, Sec. 578), Sec. 963 (S.B. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. (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. 2112), Sec. (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. (4) "Premises" means a building or a portion of a building. (4) the person is not prohibited by state or federal law from possessing a firearm. Acts 2019, 86th Leg., R.S., Ch. 1935), Sec. 998, Sec. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 399, Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. In 2021, the 87th Legislature changed Chapter 55 of the Texas Code of Criminal Procedure to allow people who have been convicted of a Subsection (a) violation of the UCW law to receive an expunction. 46.13 | Sec. 2, eff. 19.004, eff. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. 809 (H.B. 3(1), eff. 1234 (H.B. 1, eff. 435), Sec. 686, Sec. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. 1, eff. Booking Number: CB33MB02272023. September 1, 2021. September 1, 2007. 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. 957), Sec. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 2, eff. 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. 1026 (H.B. 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