(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the persons control at any time in which: (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. 1927), Sec. September 1, 2007. September 1, 2021. (2) at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited. 915 (H.B. 910), Sec. September 1, 2021. Acts 2013, 83rd Leg., R.S., Ch. 342, Sec. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. 165, Sec. 552, Sec. 320, Sec. 910), Sec. (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. Acts 2005, 79th Leg., Ch. 900, Sec. 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. 1935), Sec. 46.01 | Sec. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 518 (S.B. September 28, 2011. Amended by Acts 1995, 74th Leg., ch. 25, eff. regardless of whether that use is temporary or permanent. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Jan. 1, 1974. Amended by Acts 2001, 77th Leg., ch. 693, Sec. September 1, 2015. 910, 84th Texas Legislature, Section 51, 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, 1997; Acts 1997, 75th Leg., ch. (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. alcoholic beverages. All rights reserved. So if you have been arrested for an offense that occurred before September 1, 2021, you need to examine the law as it existed on the date of the offense. 288 (H.B. 2225), 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. 3(2), eff. 23, Sec. 852, Sec. unl carrying weapon texas 27 Feb. unl carrying weapon texas. Acts 2007, 80th Leg., R.S., Ch. (2) does not contain all the elements of any offense designated by a law of this state as a felony. 4, eff. 554), Sec. (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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 4173), Sec. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. 9.25, eff. 15.002, eff. 446), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and, (A) on the persons own premises or premises under the persons control; or. 17.001(62), eff. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, September 1, 2021. Prior Results Do Not Guarantee a Similar Outcome. 2, eff. The UCW law mentions the term criminal street gang. The criminal street gang definition is discussed in our article about Engaging in Organized Criminal Activity. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. (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. Acts 2009, 81st Leg., R.S., Ch. 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. He has also developed groundbreaking innovations in defense strategies and tactics. 452, Sec. 273), Sec. In 2021, the 87th Legislature changed Chapter 55 of the Texas Code of Criminal Procedure to allow people who have been convicted of a Subsection (a) violation of the UCW law to receive an expunction. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. 437 (H.B. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. (ii) not wearing the uniform of a security officer and carrying the officers weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and. 2, eff. Sept. 1, 1991. 1889), Sec. (3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. 481 (H.B. committed on any premises licensed or issued a permit by this state for the sale of (B) prohibited by law from possessing a firearm. COMPONENTS OF EXPLOSIVES. (d) An offense under this section is a felony of the third degree. WebIf the weapon is in your car, it has to be hidden from plain view. 494, Sec. Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Sec. (2) in a holster, and the handgun and the license holder were in a motor vehicle. Sept. 1, 1985. (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. Added by Acts 1995, 74th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. 1060, Sec. 21, eff. WebA person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05 (Prohibited Weapons) (a): 1069. Acts 2015, 84th Leg., R.S., Ch. 809 (H.B. 1, eff. 5, eff. 679 (H.B. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. (e) Section 46.02(a-4) does not apply to an individual carrying a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is significant to the performance of the ceremony. (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. Sept. 1, 1999. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. (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, 2011. 520 (S.B. 3607 and H.B. 1, eff. 728 (H.B. Unlawful Carry Weapon (UCW) 518 (S.B. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited Sept. 1, 1995; Acts 1995, 74th Leg., ch. (a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions. 2.60, eff. Acts 2021, 87th Leg., R.S., Ch. (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. Acts 2019, 86th Leg., R.S., Ch. 1, eff. (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). Section 926C, 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 an honorably retired peace officer or other qualified retired law enforcement officer; (6) the attorney general or a United States attorney, 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 United States attorney, assistant attorney general, 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. January 1, 2016. H.B. 2, eff. September 1, 2005. 3, eff. Acts 2007, 80th Leg., R.S., Ch. 10, eff. 2730), Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1994. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). 2110), Sec. (C) a member of a criminal street gang, as defined by Section 71.01. Acts 1973, 63rd Leg., p. 883, ch. Webunl carrying weapon texas unl carrying weapon texas. 1.01, eff. September 1, 2011. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. September 1, 2005. 168, Sec. 931, Sec. 794 (S.B. 1302 (H.B. (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. It is important to note that this practice is illegal in most states across the nation. Acts 2009, 81st Leg., R.S., Ch. (19) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. 437 (H.B. 46.05 and amended by Acts 1993, 73rd Leg., ch. 1927), Sec. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 46.09 | Sec. (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 or other qualified retired law enforcement officer, as defined by 18 U.S.C. As I mentioned above, these are only three of the many possible defense strategies that we use. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (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. (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. Acts 2009, 81st Leg., R.S., Ch. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Acts 2007, 80th Leg., R.S., Ch. 687 (H.B. September 1, 2007. 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