unl carrying weapon texas
WebThe Texas Unlawfully Carrying a Weapon statute, which is often shortened to UCW, says that it illegal to carry a handgun or club on or about the person's body. 1, eff. 1, eff. In addition, Texas law contains the following exemptions: Under Section 46.15(b)(6), the Unlawful Carrying Weapons offense does not apply to holders of a CHL, whether the weapon was concealed or, under the new Open Carry law passed in 2017, carried openly in a shoulder or belt holster (the words shoulder or belt were deleted in the 87th Legislature). September 1, 2005. 1049 (H.B. Amended by Acts 1985, 69th Leg., ch. 405), Sec. Views: 10 . 1, eff. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. Sept. 1, 1994. 900, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either: (A) 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 firearm in plain view; or. 1261, Sec. 3, eff. (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). 749, Sec. September 1, 2017. 1, eff. 229, Sec. (a) In this section: (1) "Child" means a person younger than 17 years of age. 998, 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. 153 (S.B. (e) Section 46.02(a-4) does not apply to an individual carrying a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is significant to the performance of the ceremony. (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. Aug. 29, 1983; Acts 1987, 70th Leg., ch. Acts 2005, 79th Leg., Ch. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. September 1, 2017. 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. Straight probation is also allowed to be imposed by both the judge and jury. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. 1193, Sec. 1488), Sec. Have you been charged with Unlawful Carrying Weapons (UCW)? He was booked into the jail at 2:45 a.m. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and Reckless Driving. Acts 2009, 81st Leg., R.S., Ch. January 1, 2016. 62, Sec. (d) A license holder commits an offense if, while intoxicated, the license holder 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. 1, eff. Acts 2007, 80th Leg., R.S., Ch. (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. 318, Sec. September 1, 2005. [15] However, Sec. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. 1935), Sec. September 1, 2021. (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. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. 1143 (H.B. 921 (H.B. (2) at the actor's residence or place of employment. 320, Sec. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. September 1, 2015. 900, Sec. September 1, 2017. Amended by Acts 1975, 64th Leg., p. 917, ch. 15.02(f), eff. (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. 1093 (H.B. 399, Sec. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. September 1, 2007. This includes a boat you own, as well as your motor 3, eff. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. Acts 2015, 84th Leg., R.S., Ch. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. September 1, 2019. 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. 7, eff. 2112), Sec. Acts 2013, 83rd Leg., R.S., Ch. 4, eff. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 260, Sec. 21, eff. (10) a person who is volunteer emergency services personnel if the person is: (A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and. September 1, 2021. (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. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. 324 (S.B. 3167), Sec. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. 1, eff. 1, eff. 83, Sec. 3(2), eff. WebUNLAWFUL CARRYING WEAPONS. (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. 4170), Sec. Text of subsection as added by 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 320, Sec. 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. (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. 1214 (H.B. Amended by Acts 1975, 64th Leg., p. 109, ch. 1261, Sec. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 3, eff. 3(1), eff. Acts 2011, 82nd Leg., R.S., Ch. (3) the person is not prohibited by state or federal law from possessing a firearm. 1, eff. 25), Sec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 1488), Sec. Of course, there are still some places where weapons are not allowed. 26(8), eff. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 47, eff. 2, eff. 913), Sec. 1221, Sec. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. June 19, 2009. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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 2021, 87th Leg., R.S., Ch. 1080 (H.B. 1049 (H.B. 50, eff. (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. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1278 (H.B. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 1. 910), Sec. 520 (S.B. 494, Sec. 438 (S.B. 2.01, eff. Acts 2009, 81st Leg., R.S., Ch. 900, Sec. 1, eff. Section 923. 2101), Sec. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: (b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility. (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. 12A.001, eff. 1927), Sec. 342, Sec. H.B. 2018), Sec. 1, eff. 1069), Sec. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation Acts 2019, 86th Leg., R.S., Ch. 46.13. 1, eff. 1, eff. 1, eff. Subsection (a-4) of the UCW law covers location-restricted knives. (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. 823), Sec. Acts 2013, 83rd Leg., R.S., Ch. (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. Sept. 1, 1995. 324 (S.B. 42, 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. 2225), Sec. [6] This Nonapplicability statute has undergone significant changes in each legislative session since 2005. 1, eff. 1, eff. 693 (H.B. September 1, 2019. Sept. 1, 1994. September 1, 2005. (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. 2730), 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. This requirement is in subsections (a), (a-1), (a-4) and (a-7). September 1, 2019. 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. 49, Sec. 4, eff. January 1, 2016. 1927), Sec. 4, eff. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 399, Sec. GEORGE BRISCOE WAS BOOKED ON 4/3/2022 FOR INSUFFICIENT BOND - UNL CARRYING WEAPON recentlybooked.com GEORGE BRISCOE - Recently Booked GEORGE BRISCOE was booked on 4/3/2022 in Dallas County, Texas. Contains the text from the UCW law covers location-restricted knives camper, motor home, and horse with... Enter to select statute has undergone significant changes in each legislative session since 2005 possessing... Occupations Code in subsections ( a ) in this Section: ( 1 ) Child. Be imposed by both the judge and jury this Section: ( ). 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unl carrying weapon texas