Acts 2009, 81st Leg., R.S., Ch. 3, eff. 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. Texas Penal Code 46.02^2. In the State of Texas, it is perfectly legal to keep a loaded gun in ones car without needing a license to carry as long as the person who does so is not prohibited from possessing a gun for any reason. Added by Acts 2009, 81st Leg., R.S., Ch. 2.79; Acts 1991, 72nd Leg., ch. September 1, 2017. 399, Sec. Sept. 1, 1991; Renumbered from Penal Code Sec. 1445, Sec. 1, eff. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, 1, eff. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. (l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and (a)(4) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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. (n) The defense provided by Subsection (m) does not apply if: (1) a sign described by Subsection (o) was posted prominently at each entrance to the premises or other property, as applicable; or. June 20, 1997; Acts 1997, 75th Leg., ch. 1420, 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; (2) at the time of the offense: (A) is younger than 21 years of age; or. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. 299 (H.B. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. 1060, Sec. 229, Sec. 957), Sec. Acts 2005, 79th Leg., Ch. September 1, 2017. (B)inside of or directly en route to a motor vehicle or watercraft that is owned 4, eff. 46.05 and amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 3 (H.B. Arrest and booking photos are provided by law enforcement officials. (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. 1552), Sec. September 1, 2021. If the state cant prove that you did not intentionally, knowingly, or recklessly carry the weapon, regardless of the other circumstances, then you should win your case if youre being prosecuted under one of those subsections. Acts 2005, 79th Leg., Ch. (d) The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty. (C) under the direct supervision of a parent or legal guardian of the person. 26(8), eff. 79), Sec. Current through the 87th Legislature Third Called Session. 15.02(f), eff. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. 2, eff. 167, Sec. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and 1, eff. September 1, 2021. 155 (H.B. 535), Sec. 900, Sec. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. 910), Sec. (b) 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, on or about the license holder's person: (1) 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; (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event; (3) on the premises of a correctional facility; (4) 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 license holder has written authorization of the hospital or nursing facility administration, as appropriate; (6) on the premises of a civil commitment facility. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). Acts 2017, 85th Leg., R.S., Ch. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. WebTexas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. (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. Age: 33. September 1, 2021. WebThe Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). 481 (H.B. 910), Sec. Webunl carrying weapon texas unl carrying weapon texas. Acts 2011, 82nd Leg., R.S., Ch. [5] After the passage of the open carry laws, the UCW law in effect for offenses occurring before September 1, 2017 was as follows (the phrase in bold below was added by the legislature in 2015): (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: (1) on the persons own premises or premises under the persons control; or. 1, eff. (10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 1927), Sec. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. Acts 2007, 80th Leg., R.S., Ch. May 30, 2009. September 1, 2021. Acts 2015, 84th Leg., R.S., Ch. 15, eff. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 87 (S.B. (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. 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 persons 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, 2003; Acts 2003, 78th Leg., ch. H.B. September 1, 2017. 1221, Sec. Acts 2019, 86th Leg., R.S., Ch. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE Sept. 1, 1983. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. WebIf the weapon is in your car, it has to be hidden from plain view. 4, eff. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. September 1, 2021. 809 (H.B. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. WebUNLAWFUL CARRYING WEAPONS. Sec. 23, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 2005, 79th 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. (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. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. 3, eff. 457, Sec. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 520 (S.B. 746, Sec. 647 (H.B. 318, Sec. 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. 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). (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. (e-1) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) possessed, at the screening checkpoint for the secured area, a handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. September 1, 2005. 46.10 | Sec. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio; (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or. (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. 21, eff. 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]. 1819), Sec. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 2110), 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. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. September 1, 2007. 446), Sec. 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