September 1, 2021. DEADLY WEAPON IN PENAL INSTITUTION. 46.09 by Acts 1993, 73rd Leg., ch. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). Sept. 1, 1997. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. Sec. If you have been charged with Unlawful Carrying of Weapons in the state of Texas, your exact defense will depend on the circumstances surrounding your charges and will depend on whether there exists an underlying criminal offense, whether you were on your own premises, and whether you intentionally, knowingly, or recklessly carried the weapon. September 1, 2017. 1069), Sec. 342, Sec. (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. Under Texas law, the officer can charge you with UCW because you were committing an offense other than a Class C traffic offense. 4, eff. 2112), Sec. (d) An offense under this section is a felony of the third degree. 535), Sec. September 1, 2019. 1927, 87th Texas Legislature, Section 4. (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. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 5, eff. I contracted with Roger G. Jain because of a contested insurance claim. (h) It is a defense to prosecution under Subsection (a)(4) 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 a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if: (1) the actor is wearing a distinctive uniform; and. 790, Sec. 550), Sec. 8. Sec. 6, eff. Renumbered from Penal Code Sec. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 852, Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or. 1060, Sec. According to Tex. 2.07, eff. Generally, Texans can carry in Texas if they meet the following requirements, Be at least 21 years old Not have a prior felony conviction for which the punishment ended in the last five years and even after five years only at the persons residence Not be a member of a criminal street gang Not have a conviction for family violence for which the punishment ended in the last five years Not be subject to a protective order Not be prohibited from carrying a firearm under federal law Not be intoxicated other than inside ones residence or inside ones vehicle. September 1, 2019. Acts 2015, 84th Leg., R.S., Ch. 46.13. (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. Now, a person cannot be charged for unlawfully carrying a firearm unless they're under the age of 21 or they have been prohibited to own one under state or federal laws. (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, 2013. 1126 (H.B. We won our case and he did an excellent job in keeping my fiance informed throughout the process. 3, eff. 809 (H.B. Acts 2015, 84th Leg., R.S., Ch. 1935), Sec. Court records for this case are available from Heman Marion Sweatt Travis County Courthouse. Acts 2009, 81st Leg., R.S., Ch. What is UCW in Texas? 1, eff. 1, eff. (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. 714, Sec. 19 H.B. 22, eff. License holders cannot carry a handgun into a business that gets 51% or more of its income from alcohol, or into government meetings generally, if the license holder is intoxicated, in a correctional facility, hospital, or a church, or in an amusement park. 1927), Sec. 2, eff. 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. 2, eff. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law.2 Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. 1815), Sec. Let us review your case, build a solid defense, and represent you in court. May 30, 1995; Acts 1995, 74th Leg., ch. If you have a gun in your car and you take it out in a prohibited area (like near a bar, a school, a . 46.05 and amended by Acts 1993, 73rd Leg., ch. 2225), Sec. This article also discusses UCW cases that can be filed against individuals who have a license to carry. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. June 20, 1997; Acts 1997, 75th Leg., ch. The defense we might use in your case might be different, and it will depend on the specific facts of your case. Acts 1973, 63rd Leg., p. 883, 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. September 1, 2021. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 1043, Sec. Acts 2005, 79th Leg., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Brass knuckles. Section 923. (2) the child in discharging the firearm caused the death of or serious injury to the child. Sept. 1, 1991. 1, eff. 446), Sec. I was cleared in this shooting and having Mr.Saputo Jr. there made this whole ordeal manigable. Acts 2019, 86th Leg., R.S., Ch. harlingen, tx distance to mexican border . Acts 2017, 85th Leg., R.S., Ch. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). (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. If you have a license to carry a firearmor you fall under certain categoriesyou may legally carry firearms beyond your own property. 318, Sec. 1552), Sec. 26(10), eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1995. 900, Sec. 1, eff. (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 person's control; and. 262, Sec. 46.14. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. As former prosecutors, our lawyers understand the position that District Attorneys Offices often take on these types of cases and how to best evaluate your options. 318, Sec. Call us today! (2) "School" means a private or public elementary or secondary school. 1093 (H.B. 836, Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. CHAPTER 46. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 15.02(f), eff. 288 (H.B. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. 4, eff. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. 216 (H.B. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. (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. 399, Sec. Sept. 1, 2003. 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. I cant thank him enough for everything hes done, aif you need a true lawyer that will actually fight for you, dont think twice before getting Paul Saputo, the best criminal defense lawyer out there! 1188), Sec. 62, Sec. 693 (H.B. (ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and, (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; or. Subsection (a-4) of the UCW law covers location-restricted knives. 399, Sec. 1237), Sec. 69 , Sec. 421, Sec. 1048 (H.B. 1221, Sec. Acts 2017, 85th Leg., R.S., Ch. 481 (H.B. He is full of energy and very passionate about his work. 2, eff. 1143 (H.B. 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.19. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 1, eff. 686), Sec. (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. This includes a boat you own, as well as your motor vehicles. 11, eff. Sept. 1, 1991; Renumbered from Penal Code Sec. In other words, it is generally illegal to walk around with a handgun or a club. 299 (H.B. 976 (H.B. We Can Help You Build A Defense Send Us A Message Below And One Of Our Staff Members Will Get Back To You As Soon As Possible. Austin Unlawful Carrying of a Weapon Attorney Jason Trumpler. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. 203, Sec. September 1, 2017. 552, Sec. 2110), Sec. Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 15.003, eff. Acts 2021, 87th Leg., R.S., Ch. Renumbered from Penal Code Sec. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. (2) does not contain all the elements of any offense designated by a law of this state as a felony. I was referred to Roger Jain and associates to handle a lawsuit against me. 1071, Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. (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. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. 229, Sec. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. September 1, 2021. 5, eff. (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. 1.01, eff. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 19.004, eff. His knowledge of the law and willingness to ask the tough questions is impressive and refreshing. Any rifle or shotgun altered so that the entire weapon is less than 26 inches long. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. September 1, 2017. 910), Sec. 87 (S.B. Acts 2005, 79th Leg., Ch. 693 (H.B. 62, Sec. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. Acts 2019, 86th Leg., R.S., Ch. (b) This section does not apply to an offense under Section 46.03(a)(1). What Is an Unlawful Carry of Weapon (UCW) in Texas? 467 (H.B. Sept. 1, 1987. Acts 2013, 83rd Leg., R.S., Ch. 320, Sec. 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. 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 2017, 85th Leg., R.S., Ch. 4, eff. 1303), Sec. 12, eff. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. 435), Sec. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. September 28, 2011. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. If the person was prohibited from possessing a firearm because of a felony conviction, the (a-7) violation is punished as a second-degree felony with a minimum 5-year punishment. 18, eff. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Amended by Acts 1997, 75th Leg., ch. Jan. 1, 1974. 10, eff. 1819), Sec. 1927. (j) The provisions of Sections 46.02 and 46.03(a)(7), (a-2), (a-3), and (a-4) do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. 1, eff. 1927, H.B. Amended by Acts 1975, 64th Leg., p. 917, ch. Acts 2019, 86th Leg., R.S., Ch. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. 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. 1927), Sec. 1093 (H.B. 910, 84th Texas Legislature, Section 51, H.B. September 1, 2019. September 1, 2017. 2.01, eff. 48, eff. Acts 2017, 85th Leg., R.S., Ch. This page has been updated accordingly. 809 (H.B. (B) prohibited by law from possessing a firearm. Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1983. January 1, 2016. Sept. 1, 1985. 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. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 2, eff. Acts 2021, 87th Leg., R.S., Ch. 5, eff. Acts 2021, 87th Leg., R.S., Ch. In general, those accused of unlawful carry will face a Class A misdemeanor charge. Acts 2013, 83rd Leg., R.S., Ch. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. WEAPONS. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 900, Sec. Additionally, it is illegal to carry a handgun or club while engaged in any type of criminal activity more serious than a traffic offense. 7, eff. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1994. 1927), Sec. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. 1, eff. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or. 11), Sec. 3(2), eff. Acts 2013, 83rd Leg., R.S., Ch. 15.004, 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. Acts 2005, 79th Leg., Ch. Copied to clipboard (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 In addition to working as a criminal defense attorney, Isenberg is a former prosecutor and state district judge. 1889), Sec. (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. 1, eff. 957), Sec. September 1, 2019. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1217 (S.B. 72 (S.B. 324 (S.B. 17, eff. 2112), Sec. 4, eff. 46.11 by Acts 1993, 73rd Leg., ch. Sept. 1, 1997. 1445, Sec. 900, Sec. 1199 (H.B. 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. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 52020001 PC 46.035(A,B,C,D,E) UNL CARRY HANDGUN LIC HOLD 52020002 PC 46.035(B-1)(B-2) UNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FAC 52020005 PC 46.035(g) UNL CARRY HANDGUN LIC HOLDER 1889), Sec. Acts 1973, 63rd Leg., p. 883, ch. June 15, 2007. 809 (H.B. The penalties include a fine of up to $500. Without a concealed carry permit, you cannot carry a handgun or club outside of your own home or vehicle. September 1, 2021. On 07/16/2018 ST filed an Other - Other Criminal court case against ELLIS,JOSHUA RAY in Travis County Courts. He is confident, straightforward, and very personable. (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). Sept. 1, 2001. www.dps.texas.gov 512-424-7293 . (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. 964), Sec. September 1, 2007. 910), Sec. (5) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. 1, eff. Amended by Acts 1987, 70th Leg., ch. 910), Sec. 920 (S.B. (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. 976 (H.B. 4, eff. 554, Sec. However, there are still other situations in which it is illegal to carry a handgun. In general, illegally carrying a handgun without a CHL in Texas is a Class A Misdemeanor punishable by up to 1 year in jail and up to a $4,000 fine. Sec. 1, eff. (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. (C) under the direct supervision of a parent or legal guardian of the person. Sept. 1, 1994. 15, eff. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, Expunctions for UCW Convictions: 2021 Legislative Update. 15.02(g), eff. What is Unlawful Carrying of Weapons in Texas? (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. 342, Sec. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 399, Sec. Sec. Penal Code Section 46.035 applies to individuals who have a license to carry. Words cannot express how much we thank you! September 1, 2005. 49, Sec. His approachable personality made it simple for me to relate my problem; there were briefing and counseling for me and my husband, and the money our opponent wanted from us did not play into his hands. We are here to help you through this difficult time. 1935), Sec. 728 (H.B. 518 (S.B. 167, Sec. Acts 2009, 81st Leg., R.S., Ch. Straight probation is also allowed to be imposed by both the judge and jury.22 However, Sec. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. Can I Carry a Weapon in a College or University. (B) submitted to a licensed firearms dealer, as defined by 18 U.S.C. (a-4) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion. 46.04 Unlawful Possession of Firearm (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) Challenge these prosecutions law changed significantly when Texas passed the new Open carry laws might use your! They were convicted before September 1 st, 2021 8 ) Repealed by acts 1993, 73rd Leg.,,... Visible but was carried in a College or University 2021.003 ( 41,! 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