The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 1, eff. September 1, 2007. (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. 1063, Sec. 457, Sec. 15.002, eff. June 19, 2009. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. 46.03. (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. (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. 4B.21, eff. 469 (H.B. Its real easy to get a gun:How ample access, lax laws pushed a citys gun violence to new heights, "My argument is that in addition to educate our cops the state of Texas needs to put the resources into public information," Lawrence said. 1, eff. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). 4, eff. 3, eff. 1935), Sec. 1, eff. 1, eff. 5, eff. Sec. (a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. 1, eff. 4, eff. 1278 (H.B. 26(10), eff. recentlybooked.com. LADARIUS JOHNSON was booked on 3/16/2022 in Dallas County, Texas. September 1, 2017. Our firm will work to get your criminal charges reduced or dismissed. (c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter. (q) Section 46.03(a)(8) does not apply if the actor: (1) carries a handgun on a premises where a collegiate sporting event is taking place; (3) was not given effective notice under Section 30.06 or 30.07 of this code, as applicable. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. September 1, 2019. 1, eff. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. Illegal possession of a switchblade or brass knuckles is a Class A misdemeanor, punishable by up to 1 year in a county jail and a fine of up to $4,000. 46.05 | Sec. 4, eff. (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. 1304, Sec. 1815), Sec. Renumbered from Penal Code Sec. He was charged with UNL CARRYING WEAPON IAT WFZ 46.02. Sept. 1, 1995. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 46.12. (a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. Stay up-to-date with how the law affects your life. Amended by Acts 1975, 64th Leg., p. 918, ch. 14.833, eff. Acts 2009, 81st Leg., R.S., Ch. 1214 (H.B. 216 (H.B. 46.06 | Sec. 1.01, eff. 1, eff. [1] It is divided into six parts, each part with its own subsection. 11.24, eff. 809 (H.B. WebPenal Code 46.02: Unlawfully Carrying Handguns Texas Penal Code 46.02 applies to both license and non-license holders. September 1, 2007. He was 21 years old on the day of the booking. 920 (S.B. (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. 46.09 | Sec. Sections 46.02 and 46.04 of the Texas Penal Code describe unlawful carry and possession of a firearm. September 1, 2021. 809 (H.B. 1069), Sec. 1146 (H.B. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. Amended by Acts 1985, 69th Leg., ch. 280 (S.B. 1927), Sec. Greg Abbott fulfills his vow to sign House Bill 1927 into law, Texas will become the 21st state to allow the practice. 5, eff. Acts 2005, 79th Leg., Ch. (17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. 7, eff. (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. 550), Sec. DESHAWN STAINE - Recently Booked. 437 (H.B. September 1, 2019. 1.01, eff. 26(9), eff. September 1, 2021. 262, Sec. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. (2) in a holster, and the handgun and the license holder were in a motor vehicle. (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. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 19.004, eff. Also, someone who is chemically dependent or is disqualified under federal law to purchase a firearm may not carry a handgun. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1889), Sec. 435), Sec. 1815), Sec. Forget about the rhetoric and the talking points were done, you passed your damn bill. Jan. 1, 1974. 921 (H.B. (3) the person is not prohibited by state or federal law from possessing a firearm. WebBox 4087 MSC 0245 AUSTIN, TEXAS 78773-0245 Regulatory Services Division. September 1, 2009. Texas law recognizes the right of its citizens to carry handguns for their own protectionunder certain circumstances. (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. 1920), Sec. 9.25, eff. 1035 (H.B. 318, Sec. 1221, Sec. (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. 520 (S.B. 229, Sec. unl carrying weapon texas 27 Feb. unl carrying weapon texas. Acts 2019, 86th Leg., R.S., Ch. 46.15. 1001 (H.B. (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. 693 (H.B. (g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height: "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.". September 1, 2009. (3) is punishable by confinement for one year or more in a penitentiary. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 1488), Sec. June 20, 1997; Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1995. 47, eff. Acts 2007, 80th Leg., R.S., Ch. 46.11 | Sec. CCH Conviction counts based on CDN codes (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: (1) on the persons own premises or premises under the persons control; or (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. September 1, 2019. (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. The purpose of this article is to compare crime statistics between Texas LTC and non-LTC holders for UNL CARRYING WEAPON ON ALCOHOL PREMISES for 2019. Read this complete Texas Penal Code - PENAL 46.041. 10, eff. 13.001, eff. Acts 2019, 86th Leg., R.S., Ch. 15.002, eff. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 165, Sec. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. (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. September 1, 2017. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. WebUnlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. January 1, 2021. PLACES WEAPONS PROHIBITED. 216 (H.B. Acts 2019, 86th Leg., R.S., Ch. 1026 (H.B. 910), Sec. 1, eff. In Texas, unlawfully carrying a weapon is considered a Class A misdemeanor. January 1, 2016. 1, eff. September 1, 2007. 437 (H.B. September 1, 2021. 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