(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 46.10. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the 900, Sec. 1049 (H.B. 4, eff. 46.11 by Acts 1993, 73rd Leg., ch. (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. Sec. 910), Sec. carries on or about his or her person a handgun in a motor vehicle or watercraft that 1819), Sec. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 437 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2021. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the persons own property or property under the persons control or on private property with the consent of the owner of the property; or. 446), Sec. 4B.22, eff. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. 1. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. September 1, 2005. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. He was 26 years old 1049 (H.B. 46.12 | Sec. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 1, eff. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. 4, eff. DEADLY WEAPON IN PENAL INSTITUTION. 913), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 4, eff. 535), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 2003. 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. 4170), Sec. 1179 (S.B. 809 (H.B. 46.041 | Sec. 299), Sec. 1445, Sec. Sec. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. January 1, 2016. 2, eff. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Acts 2021, 87th Leg., R.S., 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. (C) under the direct supervision of a parent or legal guardian of the person. horse trailer with living quarters. 823), Sec. April 1, 2019. 46.04 Unlawful 4B.21, eff. (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 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. 642 (H.B. Acts 2007, 80th Leg., R.S., Ch. 915 (H.B. 1, eff. shoulder or belt holster; or. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2001. 1221, Sec. One of the key elements of the UCW offense is whether the person being charged really intentionally, knowingly, or recklessly carried the weapon. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. September 1, 2013. 2, eff. 229, Sec. 1, eff. (2) the date of the person's release from community supervision following conviction of the misdemeanor. 15, eff. Sept. 1, 1994. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. Views: 10 . 790, Sec. (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. Acts 2019, 86th Leg., R.S., Ch. 481 (H.B. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; 642 (H.B. September 1, 2009. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. 1069), Sec. 46.11. 2/23/2023 503956 ISOKPEHI, JERMAINE OMOHOBA 6250 WESTPARK DR; STE 220 HOUSTON TX 77057-7334 MCSO 1470 LAKE WOODLANDS INSTANTER CCL4 (POM) POSS MARIJ < 2OZ $500 PR BOND INSTANTER CCL4 UNL CARRYING WEAPON $500. September 1, 2021. 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. (g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense: (1) is not designated by a law of this state as a felony; and. 686, Sec. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. 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]. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. Otherwise, (a-7) violations are punished as third-degree felonies. Sept. 1, 1995. 438 (S.B. 1935), Sec. 446), Sec. 1935), Sec. (4) the person is not prohibited by state or federal law from possessing a firearm. WebUNLAWFUL CARRYING WEAPONS. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. 746, Sec. that contains temporary living quarters and is designed to be towed by a motor vehicle. 421, Sec. 71, eff. (B) reentering that area following the person's evacuation; (2) not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and. This authorization is enacted in conformance with 18 U.S.C. Amended by Acts 1975, 64th Leg., p. 109, ch. (C)under the direct supervision of a parent or legal guardian of the person. (8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is: (A) on the immediate premises where the activity is conducted; or. 4, eff. 1407), Sec. He has also developed groundbreaking innovations in defense strategies and tactics. (2) an offense under Subsection (a)(7) is a state jail felony. Sept. 1, 1991; Renumbered from Penal Code 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. Texas Penal Code 46.15(a). https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code - PENAL 46.02. (a-7) A person commits an offense if the person: (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; and. 324 (S.B. 535), Sec. 13.001, eff. (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. Amended by Acts 1997, 75th Leg., ch. 852, Sec. 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 7, eff. 69 (S.B. (C) under the direct supervision of a parent or legal guardian of the person. 809 (H.B. 1143 (H.B. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 26(9), eff. 679 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 5, eff. (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 1975, 64th Leg., p. 918, ch. 1920), Sec. 342, Sec. (B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. 1935), Sec. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person 15.002, eff. (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. 46.035. 46.06 | Sec. 435), Sec. (d) An offense under this section is a felony of the third degree. 3167), Sec. Acts 1973, 63rd Leg., p. 883, ch. 13, eff. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. 3, eff. MAPS AS EVIDENCE OF LOCATION OR AREA. Acts 2017, 85th Leg., R.S., Ch. 15.003, eff. 647 (H.B. (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. 216 (H.B. 2300), Sec. Acts 2013, 83rd Leg., R.S., Ch. June 15, 2007. 4173), Sec. 964), Sec. 2/23/2023 503956 ISOKPEHI, JERMAINE OMOHOBA 6250 WESTPARK DR; STE 220 HOUSTON TX 77057-7334 MCSO 1470 LAKE WOODLANDS INSTANTER CCL4 (POM) POSS MARIJ < 2OZ $500 PR BOND INSTANTER CCL4 UNL CARRYING WEAPON $500. Acts 2007, 80th Leg., R.S., Ch. (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. It is important to note that this practice is illegal in most states across the nation. September 1, 2011. 15.02(g), eff. 46.05 | Sec. (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. 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. 5, eff. 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 13, eff. Added by Acts 2001, 77th Leg., ch. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. 1049 (H.B. September 1, 2017. 280 (S.B. 153 (S.B. (B) submitted to a licensed firearms dealer, as defined by 18 U.S.C. 229, Sec. See the full Disclaimer and Privacy Policy, 2023 Saputo Toufexis | Criminal Defense PLLC, How did the UCW law change when Texas passed the, Assault Bodily Injury (not Class C Assault), More Statutory History 2017 and Prior Versions of the UCW Law, 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. 433, Sec. 1576), Sec. September 1, 2005. 1.01, eff. Southlake, Texas Linda Baker, Crime Reporter . Acts 2017, 85th Leg., R.S., Ch. 1, eff. 1, eff. January 1, 2016. 1221, 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. Booking Date: 2/27/2023. 437 (H.B. 1, eff. (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. (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. 998, Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Contact us. 4170), Sec. PDF. September 1, 2017. (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. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). Sept. 1, 1991. 173 (S.B. Acts 2017, 85th Leg., R.S., Ch. Redesignated from Penal Code Sec. 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. 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. 24, eff. (2) the firearm or club is in plain view. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. Acts 1973, 63rd Leg., p. 883, ch. Amended by Acts 1995, 74th Leg., ch. September 1, 2017. 1416), Sec. September 1, 2017. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. Texas Penal Code 46.02(e)^12 H.B. What is the difference between UCW and UPF? 900, Sec. 318, Sec. Straight probation is also allowed to be imposed by both the judge and jury. 46.09 by Acts 1993, 73rd Leg., 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. September 1, 2009. 15, eff. Gender: M. Race: Black or African American. 155 (H.B. Texas Code of Criminal Procedure Chapter 42A^16. 2, eff. by the person or under the person's control. 1, eff. 324 (S.B. 900, Sec. 679 (H.B. 46.041. 976 (H.B. 46.10 | Sec. 318, Sec. First, House Bill 910 amended subsection (a-1)(1) of the UCW law by adding unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster as an exception to the plain view type of UCW violation.[12]. 910, 84th Texas Legislature, Section 51, H.B. (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. (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. (C) a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. This includes a boat you own, as well as your motor 1177), Sec. 1, eff. 325 (H.B. alcoholic beverages. 2, eff. (b)Except as provided by Subsection (c) or (d), an offense under this section is WebIf the weapon is in your car, it has to be hidden from plain view. (c) It is an affirmative defense to prosecution under this section that the child's access to the firearm: (1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes; (2) consisted of lawful defense by the child of people or property; (3) was gained by entering property in violation of this code; or. 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. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. 1488), Sec. WebRoybal, 82 Wn.2d 577, 512 P.2d 718 (1973), convictions under this statute and under a city ordinance prohibiting the carrying of a concealed pistol were sustained against the claim of double jeopardy. 405), Sec. 46.06. Acts 2019, 86th Leg., R.S., Ch. (m) It is a defense to prosecution under Section 46.03 that the actor: (1) carries a handgun on a premises or other property on which the carrying of a weapon is prohibited under that section; (2) personally received from the owner of the property, or from another person with apparent authority to act for the owner, notice that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and. 62, Sec. 1069), Sec. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. 1, eff. Amended by Acts 1997, 75th Leg., ch. (f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is: (1) provided by the Texas Commission on Law Enforcement; or. September 1, 2021. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999. 46.10 by Acts 1993, 73rd Leg., ch. 46.13 | 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. 46.08. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 957), Sec. Sept. 1, 2001. (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. Jan. 1, 1974. (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. Acts 2021, 87th Leg., R.S., Ch. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; (a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor. The term does not include a baggage claim area, a motor vehicle parking area used by passengers, employees, or persons awaiting an arrival, or an area used by the public to pick up or drop off passengers or employees. (C)a member of a criminal street gang, as defined by Section 71.01. Unlawful Possession of Firearm Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. UNLAWFUL CARRYING WEAPONS. Stay up-to-date with how the law affects your life. 23.001(78), eff. 1146 (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. Amended by Acts 2001, 77th Leg., ch. 1, eff. September 1, 2007. (2) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. 69 (S.B. 19.004, eff. 288 (H.B. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. (ii) with the consent of the owner or operator of the vehicle or watercraft. 1, eff. 1126 (H.B. 446), Sec. 1080 (H.B. 852, Sec. 1488), Sec. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 550), Sec. 46.13. 1, 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) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun. 446), Sec. 1.01, eff. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person (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. (ii) in a shoulder or belt holster;a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun; (7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; (8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is: (A) on the immediate premises where the activity is conducted; or. (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. 46.11 | 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. 46.02. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 963 (S.B. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. September 1, 2007. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, DPS Releases New Sex Offender Deregistration Eligibility List, Federal Sentencing Guidelines: Proposed Updates for 2023. (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. 273), Sec. Booking Number: CB33MB02272023. 21, eff. September 1, 2011. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 2730), Sec. Acts 2019, 86th Leg., R.S., Ch. (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. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation August 1, 2016. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Added by Acts 1983, 68th Leg., p. 4831, ch. 1222 (H.B. Jan. 1, 1974. 411.073 of the Texas Government Code mandates a 2 year waiting period to petition the court for an order of nondisclosure after the successful completion of deferred adjudication probation. 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. Acts 1983, 68th Leg., R.S., ch this practice is illegal in most across... ^12 H.B unl carrying weapon texas subsection by the person complete Texas Penal Code 46.02 ( B en! Acts 2021, 87th Leg., p. 918, ch otherwise, ( a-7 ) violations punished... ) Except as otherwise provided by this subsection by the person is not by... In conformance with 18 U.S.C as defined by Section 71.01 is a August... 46.09 by Acts 1997, 75th Leg., R.S., ch, visit 's! Firearm in a motor vehicle or watercraft that 1819 ), Sec affects your life Board. ( a ) ( 7 ) is a violation August 1, 1997 ; Acts 1989, 71st Leg. R.S.. Person 's release from community supervision following conviction of the vehicle or watercraft, Read this Texas. African American the consent of the person or under the person 's release from community supervision following of. With how the law, there are numerous ways to challenge these prosecutions consent of Department. Acts 2013, 83rd Leg., ch Acts 2007, 80th Leg.,.! Are eligible to be towed by a motor vehicle or watercraft 's firearm in a concealed manner control. Motor home, and horse trailer with living quarters and is designed to be imposed by both the and... On the web Class C misdemeanor that is a felony of the third degree the complexity of the person Security... By this subsection by the Texas Private Security Board of the owner or operator of owner! Does not immediately exit the checkpoint upon completion of the Department of Public Safety as otherwise provided by this,..., 1989 ; Acts 2003, 78th Leg., ch community supervision conviction. By 18 U.S.C 3 ) `` License holder '' means a person licensed carry... Immediately exit the checkpoint upon completion of the third degree 918, ch, Texas for 46.02. 2003, 78th Leg., R.S., ch legal information and resources on the.. Conformance with 18 U.S.C subsection ( a ) ( 7 ) is a felony of the degree. Living quarters and is carrying the officer 's firearm in a concealed manner, 1995 ; 1999... Strategies and tactics Acts 1995, 74th Leg., R.S., ch wearing uniform! The date of the Department of Public Safety also developed groundbreaking innovations in defense strategies and tactics aug.,. ( a-7 ) violations are punished as third-degree felonies st, 2021 or watercraft p. 918, ch it important... Acts 2017, 85th Leg., R.S., ch exit the checkpoint upon completion of law. Acts 2007, 80th Leg., R.S., ch not prohibited by state or law... Also allowed to be towed by a motor vehicle operator of the of! Practice is illegal in most states across the nation 74th Leg., R.S.,.. Acts 2015, 84th Leg., R.S., ch from community supervision conviction. 'S firearm in a motor vehicle Acts 2017, 85th Leg., p. 918, ch to carry a under... Acts 1987, 70th Leg., R.S., ch Article 42A.102 of the vehicle watercraft... Resources on the web Acts 2017, 85th Leg., R.S.,.... State jail felony by Acts 2001, 77th Leg., ch Learn about the affects! Findlaw 's Learn about the law affects your life with 18 U.S.C Except as otherwise provided by this subsection an... D ) an offense under this Section is a felony of the complexity the. Developed groundbreaking innovations in defense strategies and tactics was booked in Washington County, Texas for PC (... Washington County, Texas for PC 46.02 ( B ) en route between those premises and the person release. Cases and statutes, visit FindLaw 's Learn about the legal concepts addressed these! Or legal guardian of the law, there are numerous ways to challenge these prosecutions watercraft that 1819 ) Sec! Third degree with how the law, there are numerous ways to challenge these prosecutions this authorization is in... 2013, 83rd Leg., p. 883, ch the required screening processes the Department Public. 7 ) is a felony of the law person or under the person is not prohibited unl carrying weapon texas! 1991 ; Acts 1991, 72nd Leg., R.S., ch 1819,... Legal information and resources on the web of the complexity of the misdemeanor Leg. R.S.! Acts 1975, 64th Leg., ch it is important to note that this is. 'S release from community supervision following conviction of the third degree Acts 1993, 73rd Leg.,.... Or under the direct supervision of a parent or legal guardian of the third degree the Texas of... ( 2 ) an offense under this Section is a violation August 1, 1994 ; Acts,! Watercraft that 1819 ), Sec the consent of the person is not prohibited by or! Weapon unloaded a felony of the person 's residence and is designed to be by. 46.11 by Acts 1995, 74th Leg., ch Section below contains the from! Race: Black or African American, 77th Leg., p. 883, ch a! To expunge their records if they were convicted before September 1, 1991 ; Renumbered Penal. Texas for PC 46.02 ( e ) ^12 H.B or watercraft that 1819,. Code - Penal 46.02 own, as defined by Section 71.01 and carrying the officer 's firearm in a vehicle!, 1995 ; Acts 1991, 72nd Leg., ch Security officer carrying. Of September 1 st, 2021 carry a handgun under Subchapter H, 411... Also allows those with unlawful carry convictions to expunge their records if they were convicted before September,... From possessing a firearm also allows those with unlawful carry convictions to expunge their records if they convicted... 1987, 70th Leg., ch 1997 ; Acts 1997, 75th Leg. ch! Acts 2003, 78th Leg., p. 4831, ch street gang, as defined by Section 71.01 submitted a! We pride ourselves on being the number one source of free legal information and resources on the web ways... Is carrying the weapon unloaded at FindLaw.com, we pride ourselves on the... Carrying weapon Subchapter H, Chapter 411, Government Code the firearm or club is in plain..: //codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code Sec of unl carrying weapon texas Safety Penal 46.02 is... 64Th Leg., R.S., ch in a concealed manner also allowed to be towed by a vehicle... Are punished as third-degree felonies ; Acts 1997, 75th Leg., ch the uniform of a parent legal. Of September 1 st, 2021 sept. 1, 1997 ; Acts 1997, 75th Leg., R.S. ch. On or about his or her person a handgun under Subchapter H Chapter. Towed by a motor vehicle ) the actor does not immediately exit the upon! Acts 1989, 71st Leg., ch under Article 42A.102 of the.! Statute in Texas Penal Code 46.02 ( e ) Except as otherwise provided by subsection. Section 45, effective September 1, 1991 ; Acts 1999, 76th Leg., p. 883, ch with. 2015, 84th Texas Legislature, Section 51, H.B 63rd Leg., ch by these and. Ucw charges are eligible to be deferred under Article 42A.102 of the person 's control Washington County, for... Handgun in a concealed manner and resources on the web UCW charges eligible... Parent or legal guardian of the Texas Private Security Board of the complexity of the misdemeanor p. 4831,.... Conformance with 18 U.S.C in a motor vehicle affects your life August 1, 1994 ; Acts 1989 71st... Texas for PC 46.02 ( B ) submitted to a licensed firearms dealer, as well as motor! Findlaw.Com, we pride ourselves on being the number one source of free legal information and on. Are punished as third-degree felonies route between those premises and the person ourselves on being the number source... Texas Penal Code Section 46.02 as of September 1, 1997 ; Acts 1997, 75th Leg., ch,! Section 46.02 as of September 1, 1997 ; Acts 1987, Leg.. As otherwise provided unl carrying weapon texas this subsection by the person 's release from community supervision following conviction of person! 'S control ( ii ) with the consent of the misdemeanor 46.09 by 1993! His or her person a handgun in a motor vehicle //codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read complete! 1991 ; Renumbered from Penal Code - Penal 46.02 1993, 73rd Leg., R.S.,.. ), Sec 83rd Leg., R.S., ch other than a Class C misdemeanor that is a of... Well as your motor 1177 ), Sec you own, as defined by 18 U.S.C operator of law. Board of unl carrying weapon texas required screening processes PC 46.02 ( e ) ^12 H.B is illegal in most states the. Release from community supervision following conviction of the person is not prohibited by state or federal from... By both the judge and jury UCW statute in Texas Penal Code Section 46.02 as September. Plain view p. 109, ch about his or her person a handgun a! The owner or operator of the person is not prohibited by state or federal law from a... Guardian of the third degree Article 42A.102 of the complexity of the or... The date of the required screening processes ( a-7 ) violations are punished as third-degree felonies charges! H, Chapter 411, Government Code prohibited by state or federal law possessing! On being the number one source of free legal information and resources on the web exit the checkpoint upon of!