(2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun. 2, eff. 900, Sec. September 1, 2007. Sept. 1, 2001. 437 (H.B. An offense under Subsection (a)(5) is a state jail felony. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. (3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. (b) 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, on or about the license holder's person: (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event; (3) on the premises of a correctional facility; (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate; (6) on the premises of a civil commitment facility. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. 900, 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. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 910), Sec. 5.01(a)(47), eff. 21, eff. on water, used or capable of being used for transportation on water. 814 (H.B. (ii) with the consent of the owner or operator of the vehicle or watercraft. 1815), Sec. Aug. 29, 1983; Acts 1987, 70th Leg., ch. Acts 2005, 79th Leg., Ch. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). 2110), Sec. Sept. 1, 1995. 1, eff. (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. Added by Acts 1995, 74th Leg., ch. 435), Sec. 17, eff. 642 (H.B. Webunl carrying weapon on alcohol : premises 52990012 pc 46.11(a) unl carrying weapon iat wfz 46.02 52990013 pc 46.11(a) unl carry weapon alch premises iat wfz . 46.12. 1069), Sec. 10.02, eff. (A) reasonably appears to be an explosive or incendiary device; or. September 1, 2021. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. (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. What is the difference between UCW and UPF? committed on any premises licensed or issued a permit by this state for the sale of 167, Sec. Sec. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 165, Sec. January 1, 2021. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 1, eff. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 5, eff. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. 1278 (H.B. 473), Sec. 11), Sec. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. (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. 746, Sec. 11.24, eff. alcoholic beverages. Acts 1973, 63rd Leg., p. 883, ch. 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. 1, eff. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. by the person or under the person's control; or. WebTexas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. Arrest and booking photos are provided by law enforcement officials. (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. 28, eff. January 1, 2016. 1927), Sec. (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. 4, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. (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). 535), Sec. Acts 2015, 84th Leg., R.S., Ch. 900, 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. 288 (H.B. (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. 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. 1.01, eff. September 1, 2009. 1, eff. 900, Sec. 11), Sec. Sec. Unlawful Carrying Weapons - last updated April 14, 2021 September 1, 2017. 1, eff. 1813), Sec. (7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is: (A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and. Added by Acts 1983, 68th Leg., p. 4832, ch. September 1, 2021. (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 Jan. 1, 1974. He has also developed groundbreaking innovations in defense strategies and tactics. (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. 2300), Sec. 421, Sec. 1927), Sec. September 1, 2009. 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. (b) An offense under this section is a Class A misdemeanor. (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) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. 438 (S.B. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. The Texas UCW law is codified at Texas Penal Code Section 46.02. (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. 693 (H.B. Jan. 1, 1974. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. So if you are under 21 years old, you can still carry a handgun to your home from your vehicle and vice versa. 4, eff. Jan. 1, 1974. 1222 (H.B. 325, Sec. (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. 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. See the full Disclaimer and Privacy Policy, 2023 Saputo Toufexis | Criminal Defense PLLC, How did the UCW law change when Texas passed the, Assault Bodily Injury (not Class C Assault), More Statutory History 2017 and Prior Versions of the UCW Law, H.B. (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. 4, eff. September 1, 2007. 1.01, eff. 746, Sec. 1, eff. 1, eff. The legislature then added subsections (a-5), (a-6), (a-7), and (a-8). September 1, 2019. (b) Section 46.02 does 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 actors 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 persons duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment and is wearing the officers uniform and carrying the officers weapon in plain view; (5) acts as a personal protection officer and carries the persons security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the persons duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the persons 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 officers weapon in plain view; or. 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