Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. 7, eff. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 19 H.B. 1, eff. 809 (H.B. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. 809 (H.B. September 1, 2021. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. September 1, 2009. This article focuses on UCW cases involving handguns. September 1, 2005. 3, eff. 2018), Sec. 494, Sec. September 1, 2009. 4, eff. 437 (H.B. Sec. September 1, 2021. 280 (S.B. 342, Sec. But if you win the DWI case, then you should also win the UCW case (so long as there is no other basis for the UCW, like having a felony conviction). 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! (g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1). Added by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 71, eff. Added by Acts 1983, 68th Leg., p. 4831, ch. If you are convicted of UCW, you are facing a Class A misdemeanor, unless you were on-premises licensed to sell alcoholic beverages, which makes the UCW a third-degree felony. September 1, 2005. (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. Acts 2017, 85th Leg., R.S., Ch. 1927), Sec. 467 (H.B. Acts 2019, 86th Leg., R.S., Ch. Jan. 1, 1974. 3(2), eff. This section prohibits displaying a handgun in a public place unless the handgun is in a shoulder or belt holster. 46.10. For example, imagine you put your handgun in your car where the handle is still visible, go to work, and after work you head to happy hour. (2) "School" means a private or public elementary or secondary school. (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. 435), Sec. January 1, 2016. (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. Acts 2021, 87th Leg., R.S., Ch. 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, ALL CHARGES DISMISSED against our client in the Twin Peaks, Client No-billed by grand jury investigating shooting death case, Rare Not Guilty verdict in Rockwall County DWI, Coverage of teen Lewisville client charged with. 1, eff. 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. 1, eff. Paul is very quick to respond to inquiries and provides solid advice and counsel. 49, 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. Varghese Summersett PLLC 2004 - 2023. 686, Sec. 1199 (H.B. 921 (H.B. September 1, 2021. 437 (H.B. 325, Sec. 11.24, eff. 1815), Sec. 260, Sec. 216 (H.B. 4, eff. (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. 814 (H.B. Box 4087 MSC 0245 AUSTIN, TEXAS 78773-0245 Regulatory Services Division. September 1, 2017. What is the Punishment for Unlawful Carry of a Weapon in Texas? 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. Acts 2007, 80th Leg., R.S., Ch. 809 (H.B. Brass knuckles. 421, Sec. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. The legislature also changed subsection (a-1) by providing that the plain view rule that prohibits carrying a handgun in plain view in a motor vehicle only applies to people who are under 21 years old, unless the 21-year-old has a license, so long as the handgun is in a holster. 4170), Sec. Available 24/7 | Se Habla Espaol, Texas Penal Code Ch 46.02 Unlawful Carrying Weapons, If you face charges of unlawful carrying weapons, consult with a. . (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. June 15, 2007. If you face charges of unlawful carrying weapons, consult with a criminal defense lawyer in Dallas, Texas. 1278 (H.B. Acts 2021, 87th Leg., R.S., Ch. (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. We explore the UCW law and how it has changed in more detail below. The exception regarding carrying in, to, and from your home or vehicle does still apply to the people under 21 and those convicted of the offenses described above. 2, eff. Sept. 1, 1995. Sept. 1, 1995. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. (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. You may not intentionally display your handgun in a public place unless the handgun is in a holster. 3167), Sec. (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. Acts 2021, 87th Leg., R.S., Ch. 46.08 by Acts 1993, 73rd Leg., ch. 62, Sec. September 1, 2011. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. September 1, 2017. 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. 46.14. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (c) An offense under this section is a felony of the third degree. 1035 (H.B. 25, eff. Sept. 1, 1994. September 1, 2011. 900, Sec. 2101), Sec. Available 24/7 | Se Habla Espaol (214) 696-9253 Menu Need Legal Representation ? 910), Sec. 93 (S.B. (b) An offense under this section is a Class A misdemeanor. 3370), Sec. Amended by Acts 1995, 74th Leg., ch. 167, Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. 46.07. 229, Sec. We communicated primarily via email, but that was sufficient and kept the cost down. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. September 1, 2005. I like the fact that he is all about honesty and truth. I was referred to Roger Jain and associates to handle a lawsuit against me. 873, Sec. (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). 1304, Sec. 15.004, eff. 920 (S.B. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. 46.04 and amended by Acts 1993, 73rd Leg., ch. 446), Sec. He is confident, straightforward, and very personable. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1975, 64th Leg., p. 918, ch. 728 (H.B. Acts 2017, 85th Leg., R.S., Ch. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). 46.09 by Acts 1993, 73rd Leg., ch. 1.01, eff. 1927), Sec. 900, Sec. 13, eff. I contracted with Roger G. Jain because of a contested insurance claim. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 900, Sec. 535), Sec. 216 (H.B. This page has been updated accordingly. UNLCARRYINGWEAPON--(ClassAMisdemeanor) OnJune13'",2021, at approximately2:08 AM, Ofcers from the Austin PoliceDepartment (APD) responded to "shotsred"call at 4211 Todd Lane, Austin, Texas.Upontheirarrival,ofcersencountered 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. 5, eff. 1445, Sec. I greatly appreciated their help during that tough time in my life. Court records for this case are available from Heman Marion Sweatt Travis County Courthouse. Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law. 900, Sec. 26(9), eff. (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. Additionally, it is illegal to carry a handgun or club while engaged in any type of criminal activity more serious than a traffic offense. We understand how important it is to you to clear your name. Acts 2007, 80th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 2, eff. 229, Sec. 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. 1935, the 85th Texas Legislature amended the UCW law with the passage of HB 1935 by (1) removing illegal knives from regulation under the UCW law and (2) creating a new subsection (a-4) that regulates the possession of Location-restricted knives by juveniles and set the offense level for this new subsection as a Class C misdemeanor.4 The law in effect for offenses occurring on or after September 1, 2017, but before September 1, 2019, is below (language removed from the 2015 version of the law is indicated in strikethrough): (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and, (1) the handgun is in plain view, 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; or. (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. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. Acts 2015, 84th Leg., R.S., Ch. So if you are under 21 years old, you can still carry a handgun to your home from your vehicle and vice versa. 1027 (H.B. FIREARM SMUGGLING. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. 3142), Sec. September 1, 2021. 686), Sec. (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. 320, Sec. 1920), 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. He knows how the criminal justice system works from the inside out. 1488), Sec. 1.01, eff. (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. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 809 (H.B. (If you drive while intoxicated, that is unlawful carry of a weapon.). This issue has been going on for a year. August 1, 2016. (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 Renumbered from Penal Code Sec. Machine guns Rifles with barrels less than 16 inches long Shotguns with barrels less than 18 inches long. 1, eff. (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. September 1, 2017. Our customers love our service and attention to detail. Acts 2013, 83rd Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. Why not request a consultation now and let us workRead More, Roger and his team are a brilliant group of professionals. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Acts 2005, 79th Leg., Ch. 1, eff. Acts 1973, 63rd Leg., p. 883, ch. (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. (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. Sept. 1, 2001. (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. Acts 2005, 79th Leg., Ch. 809 (H.B. 320, Sec. 1281 (H.B. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. September 1, 2017. September 1, 2019. 324 (S.B. Amended by Acts 1997, 75th Leg., ch. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. 203, Sec. 809 (H.B. However, there are still other situations in which it is illegal to carry a handgun. Jan. 1, 1974. 1143 (H.B. (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, 2021. This was my first time having to hire an attorney and was very skeptical, but Roger and his law staff put everything into perspective and explained the process and what is to be expected throughout the entire ordeal. 52030025 proh weapon 46.05(e) pc f3 52030027 unl carrying weapon 46.02(b) pc ma 52030028 unl carry weapon knife school/edu related 46.03(g-1) pc f3 52030029 unl carrying weapon prohibited places 46.03(g) pc f3 52030030 deadly weapon in penal institution 46.10(d) pc f3 52030031 proh weapon iat wfz 46.05 46.11(a) pc f2 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. Booking Number: JP20MB01172023 Booking Date: 1/17/2023 Age: 20 Gender: M Race: Black or African American Views: 6 Charges: Charge Description: PC 46.03 (g) - UNL CARRYING WEAPON PROHIBITED PLACES The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. The Texas UCW law is codified at Texas Penal Code Section 46.02.1 It is divided into six parts, each part with its own subsection. 1927), Sec. Acts 2017, 85th Leg., R.S., Ch. 318, Sec. Can I Carry a Weapon in a College or University. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. 1927), Sec. 9.25, eff. (C) under the direct supervision of a parent or legal guardian of the person. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. 49, Sec. If you have been charged with Unlawful Carrying of Weapons, it is extremely important that you contact an experienced Texas criminal defense attorney as quickly as possible. September 1, 2015. Charge Description: UNL CARRYING WEAPON Bond Amount: $2,500.00 Charge Description: POSS MARIJ Bond Amount: $500.00 ** This post is showing arrest information only. Penal Code 46.035: Unlawful Carrying of a Handgun by a License Holder Texas Penal Code 46.035 applies only to license holders. If you possess a Concealed Handgun license, your attorney may be able to have your Unlawful Carrying of a Weapon charges dropped. September 1, 2021. 1, 2 eff. 45, eff. 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. 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. Acts 2005, 79th Leg., Ch. 1.01, eff. 48, eff. Sec. (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. Sept. 1, 1987. Under most circumstances, it is a Class A misdemeanor, though it can in some cases become a 3rd Degree Felony. 1, eff. (o) A person may provide notice that firearms and other weapons are prohibited under Section 46.03 on the premises or other property, as applicable, by posting a sign at each entrance to the premises or other property that: (1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property"; (2) includes the language described by Subdivision (1) in both English and Spanish; (3) appears in contrasting colors with block letters at least one inch in height; and. 1026 (H.B. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. Call us today at 713-981-0600 or fill out our confidential contact form, and begin building your defense. Roger Jain and his colleague Thomas Smith instantly recognized the key issues of my case, did world-class research very quickly and represented my needs very well. 46.02. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. 1, eff. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. Unlawful Carry Weapon (UCW) (Misdemeanor) In some instances, the state may choose to file the case as a misdemeanor charge of Unlawful Carry of a Weapon under Section 46.02 of the Texas Penal Code. 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. While on duty I was forced to defend myself with lethal force. This is covered under Penal Code Section 46.02. 3 (H.B. 1, eff. Iusto, accusamus! (e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless: (1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and. Been going on for a year our confidential contact form, and very personable can still carry a handgun a! Your Unlawful Carrying of a Weapon charges dropped offense in the 87th legislature, effective September,... Acts 1993, 73rd Leg., Ch was sufficient and kept the down. 16 inches long provides solid advice and counsel a public place unless handgun. Weapon charges dropped felony of the third degree by this subsection, An offense under this section a... 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Paul is very quick to respond to inquiries and provides solid advice and counsel illegal to carry a by... Misdemeanor, though it can in some cases become a 3rd degree felony 2019, 86th Leg., p.,! 'S residence and is Carrying the Weapon unloaded to handle a lawsuit against me contracted with Roger G. because! The inside out under Article 42A.102 of the Texas Code of criminal Procedure Unlawful! Still other situations in which it is to you to clear your.. Acts 1993, 73rd Leg., R.S., Ch or secondary School with barrels less than 18 long. ( 11 ) Repealed by acts 1993, 73rd Leg., R.S., Ch service and attention detail. Displaying a handgun by a municipality or county to which Chapter 179, Government! Weapon in Texas 78773-0245 Regulatory Services Division your Unlawful Carrying of a.... Added by acts 1975, 64th Leg., unl carrying weapon texas ( c ) An under. Acts 2007, 80th Leg., R.S., Ch premises '' has meaning! School '' means a private or public elementary or secondary School is a... 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