1927), Sec. September 1, 2013. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. I had a very complex, international issue that other attorneys were unable to understand, let resolve. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. Jan. 1, 1974. 5, eff. 1126 (H.B. If you have a gun in your car and you take it out in a prohibited area (like near a bar, a school, a . Subsection (a-7) makes it illegal to possess a handgun outside of your home or vehicle if youre prohibited from possessing a firearm under the Unlawful Possession of Firearm law (unless the unlawful possession was because of membership in a criminal street gang. September 1, 2017. This includes a boat you own, as well as your motor vehicles. 1, eff. 15, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 3607), Sec. Acts 2019, 86th Leg., R.S., Ch. (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. Roger G. Jain was referred to me by someone I trust. 578), Sec. A Class A misdemeanor is punishable by up to a year in County jail, along with a fine of up to $4,000. 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. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. Sept. 1, 1999. (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, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is: (B) a qualified retired law enforcement officer; (D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies; (6) a district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (7) an assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is: (A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and, (B) engaged in escorting the judicial officer; or. In other words, it is generally illegal to walk around with a handgun or a club. So while you may have never intended to commit the offense of UCW, by possessing a handgun while committing an offense other than a traffic ticket, the officer can charge you with UCW. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. (B) submitted to a licensed firearms dealer, as defined by 18 U.S.C. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or. 437 (H.B. 437 (H.B. (12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. CommunicationRead More. All rights reserved. September 1, 2021. 1.01, eff. 62, Sec. 1407), Sec. You may not intentionally display your handgun on any licensed premise that derives more than 50 percent of its income from the sale of alcohol. (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: 1927, H.B. 2.07, eff. (C) under the direct supervision of a parent or legal guardian of the person. 1, eff. September 1, 2019. (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. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. Sept. 1, 1985. This authorization is enacted in conformance with 18 U.S.C. (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). Acts 1973, 63rd Leg., p. 883, ch. 467 (H.B. 318, Sec. FIREARM SMUGGLING. 22, eff. 17, eff. (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. Section 46.035 (a): According to this section, an LTC holder commits an offense if the license holder carries a handgun and intentionally displays the gun in plain view of another person in a public place. June 20, 1997; Acts 1997, 75th Leg., ch. 3, eff. information specific to the License to Carry program and any other relevant information related to the carrying of firearms in Texas. 1969), Sec. 2730), Sec. 2, eff. 900, Sec. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the persons control; or (ii) with the consent of the owner or operator of the vehicle or watercraft. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 910, 84th Texas Legislature, Section 45, H.B. (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. Acts 2019, 86th Leg., R.S., Ch. 1862), Sec. While on duty I was forced to defend myself with lethal force. September 1, 2005. Subsection (a-5) of the UCW law covers carrying a handgun in plain view in a public place. (b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree. 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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 535), Sec. 1819), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 2.01, eff. 155 (H.B. 3, eff. Sept. 1, 1987. For more than 30 years, Texas criminal defense attorney Randall Isenberg has fought to protect the rights of those who face charges in the Lonestar State. September 1, 2007. September 1, 2021. September 1, 2005. June 20, 1997; Acts 1997, 75th Leg., ch. CONTACT US TODAY AT 512-457-5200. 2, eff. 1416), Sec. September 1, 2019. (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. 46.11 by Acts 1993, 73rd Leg., ch. 550), Sec. Thomas represented me in court and called me afterwards to give me immediate updates. 13, eff. Home Texas Penal Codes Texas Penal Code Ch 46.02 Unlawful Carrying Weapons. 4, eff. 4170), Sec. 15.002, eff. License holders cannot carry handguns in areas designated as gun-free zones on campus. UNL CARRY HANDGUN LIC HOLDER 0 0 13 ; 0 0 5 ; 0.0000% 0.0000% 38.4615% : UNL CARRY HANDGUN LIC HOLDER ALCH PREM/COR F 1, eff. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1997. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1985, 69th Leg., ch. 913), Sec. 1.01, eff. 1927), 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). (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (5) in or into a secured area of an airport; (6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or. (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. 809 (H.B. 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 324 (S.B. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. However, college presidents have been given authority to create gun free zones within the campus. Acts 1973, 63rd Leg., p. 883, ch. 1179 (S.B. This article also discusses UCW cases that can be filed against individuals who have a license to carry. 960 (H.B. Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. September 28, 2011. How did the UCW statute change to make open carry legal? 28, eff. 931, Sec. Now imagine you get stopped and charged with DWI. 1488), Sec. (7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is: (A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and. (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.
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