2303), Sec. Unlawful Carrying and Gun Laws Article. September 1, 2019. Added by Acts 1995, 74th Leg., ch. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. He was charged with UNL CARRYING WEAPON IAT WFZ 46.02. In H.B. (C) a member of a criminal street gang, as defined by Section 71.01. (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. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 910), Sec. 25), Sec. 49, Sec. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. Sept. 1, 1997. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). (2) at the actor's residence or place of employment. 1, eff. September 1, 2021. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. June 19, 2009. (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. September 1, 2019. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. 1, eff. The Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. September 1, 2011. 794 (S.B. (b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. 165, Sec. September 1, 2021. 2, eff. 47, eff. They also answered all questions I had in a timely fashion. Acts 2017, 85th Leg., R.S., Ch. 72 (S.B. Renumbered from Penal Code Sec. 16, eff. (b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person's release from confinement following conviction of the misdemeanor; or. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1994. The defense we might use in your case might be different, and it will depend on the specific facts of your case. 1, eff. September 1, 2009. 69 (S.B. Disclaimer: Please do not contact us with questions about whether the way you are currently carrying a weapon or planning on doing so in the future is legal or illegal. 10, eff. 1049 (H.B. September 1, 2009. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio; (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or. (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. September 1, 2021. 976 (H.B. I highly recommend Paul Saputo and The Saputo Law Firm. 481 (H.B. 62, Sec. 2.01, eff. 399, Sec. Unlawful Carry of Weapon in Texas, https://versustexas.com/blog/unlawful-carry-of-a-weapon/, Unlawful Carry of a Weapon License Holders. 162), Sec. MAPS AS EVIDENCE OF LOCATION OR AREA. 1, eff. Court records for this case are available from Heman Marion Sweatt Travis County Courthouse. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. Acts 2019, 86th 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. (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. Contacting us does not create an attorney-client relationship. Acts 2009, 81st Leg., R.S., Ch. 2, eff. September 1, 2011. 48, eff. Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. 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. 11), Sec. 1146 (H.B. We communicated primarily via email, but that was sufficient and kept the cost down. JADEN JUWAN PERKINS was booked in Washington County, Texas for PC 46.03 (g) - UNL CARRYING WEAPON PROHIBITED PLACES. He has also developed groundbreaking innovations in defense strategies and tactics. 46.09 by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. In other words, it is generally illegal to walk around with a handgun or a club. Facing a felony conviction with extradition Paul was informative throughout , even went and posted bond he got my conviction dismissed, I was desparate Pau called at 9pm I wasnt expecting an attorney to answer an on line inquiry at that time he guided us spot on. Best Review Site for Digital Cameras. September 1, 2021. 320, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. (9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. September 1, 2017. Sept. 1, 1994. Acts 2005, 79th Leg., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 46.05 and amended by Acts 1993, 73rd Leg., ch. 446), Sec. (B) prohibited by law from possessing a firearm. September 1, 2011. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. September 1, 2021. Acts 2015, 84th Leg., R.S., Ch. (C) under the direct supervision of a parent or legal guardian of the person. (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. Acts 2013, 83rd Leg., R.S., Ch. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. September 1, 2011. Amended by Acts 1997, 75th Leg., ch. However, there are still other situations in which it is illegal to carry a handgun. 21, eff. 1303), Sec. Sept. 1, 1995. 2022 - 2023 Roger G. Jain & Associates, P.C. (2) in a holster, and the handgun and the license holder were in a motor vehicle. 910), Sec. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. Sept. 1, 2001. This issue has been going on for a year. 8, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. May 30, 1995; Acts 1995, 74th Leg., ch. Carrying 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. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. 910, 84th Texas Legislature, Section 45, effective September 1, 2015. 2.60, eff. (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. 165, Sec. This is generally a Class A misdemeanor in Texas although as explained below, it can become a third degree felony under certain circumstances. Acts 2021, 87th Leg., R.S., Ch. A UCW charge means at least going to jail, and likely losing the gun as well. 809 (H.B. Acts 1973, 63rd Leg., p. 883, ch. 957), Sec. Acts 1973, 63rd Leg., p. 883, ch. WEAPONS. (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. 11.24, eff. The UCW law was very different before September 1, 2021. 494, Sec. CommunicationRead More. 16.004, eff. 749, Sec. 3, eff. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). (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. 24, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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. 3167), Sec. 399, Sec. This includes a boat you own, as well as your motor vehicles. 42, eff. 2, eff. (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. 1927), Sec. You should consult an attorney for advice regarding your individual situation. Without a concealed carry permit, you cannot carry a handgun or club outside of your own home or vehicle. 1927), Sec. 2.07, eff. 421, Sec. CONTACT US TODAY AT 512-457-5200. 1026 (H.B. 446), Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. Saputo Law Firm is a top notch firm! 809 (H.B. 2300), Sec. 1281 (H.B. 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. 91 (S.B. (d) An offense under this section is a felony of the third degree. 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. 1, eff. Additionally, Texas Penal Code Ch 46.02 addresses limits on the types of knives minors can carry. 17.001(62), eff. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. 1, eff. 437 (H.B. Machine guns Rifles with barrels less than 16 inches long Shotguns with barrels less than 18 inches long. 11), Sec. Acts 2011, 82nd Leg., R.S., Ch. 14.833, eff. 814 (H.B. 1179 (S.B. 46.10 by Acts 1993, 73rd Leg., ch. One of the key elements of the UCW offense is whether the person being charged really intentionally, knowingly, or recklessly carried the weapon. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. September 1, 2005. In general, under TX 46.01 possessing some sizes and types of knives is illegal when the person is under age 18 and: If you face charges and get convicted of this type of charge in Texas, you will face penalties for unlawful carrying weapons under TX 12.01. 809 (H.B. 4, eff. As far as the underlying criminal offense, if the state is unable to prove that offense, then you would not be guilty of UCW either. Acts 2007, 80th Leg., R.S., Ch. License holders cannot carry handguns in areas designated as gun-free zones on campus. 1302 (H.B. (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. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. September 1, 2021. 554, Sec. September 1, 2019. (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. 4, eff. Amended by Acts 1999, 76th Leg., ch. September 1, 2017. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. Sept. 1, 1994. Acts 2017, 85th Leg., R.S., Ch. If you possess a Concealed Handgun license, your attorney may be able to have your Unlawful Carrying of a Weapon charges dropped. 46, eff. I recommend this law firm. 900, Sec. MAKING A FIREARM ACCESSIBLE TO A CHILD. Sec. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. September 1, 2021. Copied to clipboard Sept. 1, 2003; Acts 2003, 78th 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. 920 (S.B. Sept. 1, 1985. 24, eff. Call us today at 713-981-0600 or fill out our confidential contact form, and begin building your defense. 4456), Sec. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1974. A Class A misdemeanor is punishable by up to a year in County jail, along with a fine of up to $4,000. The penalties include a fine of up to $500. 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 1927), Sec. Acts 2005, 79th Leg., Ch. (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. 976 (H.B. 46.035. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. 399, Sec. 15.002, eff. 469 (H.B. Acts 2015, 84th Leg., R.S., Ch. (A) reasonably appears to be an explosive or incendiary device; or. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. September 1, 2021. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. 728 (H.B. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. 22, eff. 1043, Sec. 2.79; Acts 1991, 72nd Leg., ch. This authorization is enacted in conformance with 18 U.S.C. 1488), Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 299), Sec. 13.02, eff. Sec. We will learn as much as possible about the circumstances that led to your interaction with the police and build a defense that could help to clear your name, get charges dropped or reduced, or support a plea deal that ensures you face reduced penalties. August 1, 2016. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly: (1) carries on or about his person a deadly weapon; or. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. 679 (H.B. You may be able to get your UCW case dismissed. 1927), Sec. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021, 3 H.B. 260, Sec. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. (B) prohibited by law from possessing a firearm. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 2, eff. There are also limits to the types of knives minors can possess in public places. 686, Sec. 1.01, eff. Another exception to the ability to carry a handgun in Texas is inside airports or other prohibited places. What Is an Unlawful Carry of Weapon (UCW) in Texas? 1, eff. 1069), Sec. September 1, 2011. 168, Sec. Acts 2005, 79th Leg., Ch. September 1, 2019. 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. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (2) for profit or any other form of remuneration. Additionally, it is illegal to carry a handgun or club while engaged in any type of criminal activity more serious than a traffic offense. 1049 (H.B. 910, 84th Texas Legislature, Section 45, H.B. Acts 2011, 82nd Leg., R.S., Ch. 1927), Sec. If you have been arrested and charged with a gun crime in Houston, you need a Houston criminal defense lawyer who understands the severity of the charges filed against you. 1179 (S.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. 1049 (H.B. Penal Code 46.02 unlawful carrying weapons means: if. 318, Sec. 1261, Sec. 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