Renumbered from Penal Code Sec. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 6, eff. carries on or about his or her person a handgun in a motor vehicle or watercraft that 693 (H.B. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. 46.06 | Sec. (b) An offense under this section is a Class A misdemeanor. (A) reasonably appears to be an explosive or incendiary device; or. 69 (S.B. 1222 (H.B. (b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence: (2) left the firearm in a place to which the person knew or should have known the child would gain access. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. Acts 2021, 87th Leg., R.S., Ch. 46.05 and amended by Acts 1993, 73rd Leg., ch. 399, Sec. 3, eff. Acts 2021, 87th Leg., R.S., Ch. 1, eff. 320, Sec. (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. Jan. 1, 1974. 1, eff. 2/23/2023 503956 ISOKPEHI, JERMAINE OMOHOBA 6250 WESTPARK DR; STE 220 HOUSTON TX 77057-7334 MCSO 1470 LAKE WOODLANDS INSTANTER CCL4 (POM) POSS MARIJ < 2OZ $500 PR BOND INSTANTER CCL4 UNL CARRYING WEAPON $500. Renumbered from Penal Code Sec. 25. Under the current law, the UCW offense is punished as a Class A Misdemeanor[9] unless its an (a-4) offense (the location-restricted knife offense as described above), in which case it is a Class C Misdemeanor,[10] or its an (a-7) offense, in which case it can be either a second or third degree felony.[11]. 1969), Sec. 288 (H.B. 910), Sec. Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 1420, Sec. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. January 1, 2021. 72 (S.B. September 1, 2021. (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. 4, eff. 46.05 | Sec. September 1, 2019. Acts 1973, 63rd Leg., p. 883, ch. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1994. June 20, 1997; Acts 1997, 75th Leg., ch. 446), Sec. H.B. 687 (H.B. June 14, 2013. 1536), Sec. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. September 1, 2007. This element can often be difficult for the state to prove. (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. 10.04, eff. (3) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and 1188), Sec. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. (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. (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. 1927), Sec. 324 (S.B. 15.02(g), eff. FIREARM SMUGGLING. 26(10), eff. 5.01(a)(47), eff. 900, Sec. 1416), Sec. 3, eff. Acts 2013, 83rd Leg., R.S., Ch. 46.035 | Sec. 325, Sec. H.B. 4, eff. What is a criminal street gang? (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. 5, eff. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. 1815), Sec. The following are five things our Dallas weapons charge defense attorneys want to make sure you know about unlawful carrying under Texas law. Texas Code of Criminal Procedure Chapter 42A^16. Texas Penal Code 46.02(e)^12 H.B. January 1, 2016. 2112), Sec. Acts 2005, 79th Leg., Ch. Sec. 1.01, eff. 1927. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. September 1, 2019. 13.02, eff. 728 (H.B. September 1, 2005. 93 (S.B. 508, Sec. (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. WebIf the weapon is in your car, it has to be hidden from plain view. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 1049 (H.B. 1146 (H.B. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 79), Sec. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. 26(10), eff. 342, Sec. Acts 1973, 63rd Leg., p. 883, ch. Contact us. 1920), Sec. Acts 2021, 87th Leg., R.S., Ch. 14, eff. 900, Sec. WebPersonally owned weapons stored at UNLPD may be checked out by the owner 24 hours a day, seven days a week. 910, 84th Texas Legislature, Section 51, effective January 1, 2016^14. 262, Sec. (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. Sept. 1, 1997. 1126 (H.B. ai thinker esp32 cam datasheet (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. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. Acts 2015, 84th Leg., R.S., Ch. January 1, 2016. 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. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. 1060, Sec. (b) An offense under this section is a felony of the third degree. 437 (H.B. 1043, Sec. 2730), Sec. 550), Sec. [15] However, Sec. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. H.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 16.004, eff. Sept. 1, 2001. 46.09. (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. June 19, 2009. Booking Date: 2/27/2023. Please find below a list of all petitions or charging instruments filed and processed in Harris County District and County Courts today, Tuesday, February 28, 2023. Unlawful Possession of Firearm Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Booking Number: CB33MB02272023. 2, eff. 46.08. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 1819), Sec. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. The defense we might use in your case might be different, and it will depend on the specific facts of your case. 3, eff. Added by Acts 1995, 74th Leg., ch. 1815), Sec. Texas Penal Code 46.02^2. Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. Jan. 1, 1974. September 1, 2007. alcoholic beverages. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. 23, eff. September 28, 2011. 1, eff. 165, Sec. 790, Sec. 1, eff. September 1, 2007. 900, Sec. WebUNLAWFUL CARRYING WEAPONS. September 1, 2005. 62, Sec. Acts 2009, 81st Leg., R.S., Ch. 1935), Sec. May 18, 2013. May 30, 1995; Acts 1995, 74th Leg., ch. 399, Sec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Acts 2011, 82nd Leg., R.S., Ch. 790, Sec. (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. 69 , Sec. 1, eff. 1.01, eff. Acts 2005, 79th Leg., Ch. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. 1815), Sec. September 1, 2021. https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code - PENAL 46.02. September 1, 2017. 7, eff. 647 (H.B. 2, eff. September 1, 2017. 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 licensed to carry a handgun 1, eff. 1302 (H.B. (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. September 1, 2017. (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. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, DPS Releases New Sex Offender Deregistration Eligibility List, Federal Sentencing Guidelines: Proposed Updates for 2023. (C) under the direct supervision of a parent or legal guardian of the person. 1, eff. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. 2018), Sec. 216 (H.B. Sec. Acts 2005, 79th Leg., Ch. September 1, 2007. 1026 (H.B. 1488), Sec. 3, eff. WebCarrying 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. Sept. 1, 1997. 1221, Sec. 10.02, eff. September 1, 2021. 46.04 and amended by Acts 1993, 73rd Leg., ch. 550), Sec. 2.60, eff. (d) The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty. Acts 2011, 82nd Leg., R.S., Ch. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. 46.041. 46.01. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. regardless of whether that use is temporary or permanent. 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. September 1, 2005. 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. Jan. 1, 1974. May 30, 2009. (2) at the actor's residence or place of employment. 2584), Sec. In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. 2, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. If you are arrested for a DWI and you have a handgun in your car, you could be faced with a UCW arrest under (a-1). 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. 754, Sec. 1889), Sec. Arrest and booking photos are provided by law enforcement officials. 46.14 | Sec. (2) the child in discharging the firearm caused the death of or serious injury to the child. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 13, eff. 4, eff. Added by Acts 2009, 81st Leg., R.S., Ch. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1, eff. 18, eff. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. 4, eff. The term does not include a temporary protective order issued before the court holds a hearing on the matter. by the person or under the person's control. 46.07 | Sec. 24, eff. Acts 2013, 83rd Leg., R.S., Ch. 642 (H.B. (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. 1, eff. 26(8), eff. Acts 2017, 85th Leg., R.S., Ch. 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. 22, eff. 679 (H.B. 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. Current as of April 14, 2021 | Updated by FindLaw Staff. September 1, 2017. Sept. 1, 1995. Now, a person cannot be charged for unlawfully carrying a firearm unless theyre under the age of 21 or they have been prohibited to own one under state or federal laws. January 1, 2016. 37-year-old Abel Buitron-Salas was arrested early Saturday morning by San Angelo Police for Aggravated Assault with a Deadly Weapon and and Public Intoxication. 49, Sec. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was: (1) carried in a holster by the license holder; or. 1.01, eff. Prior Results Do Not Guarantee a Similar Outcome. (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 weapon listed in Section 46.05(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution; 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. 693 (H.B. (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 2007, 80th Leg., R.S., Ch. 998, Sec. 714, Sec. 46.03 | Sec. (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. September 1, 2005. 494, Sec. 1278 (H.B. 16, eff. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 26(9), eff. Sept. 1, 1994. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. 1, unl carrying weapon texas ; acts 1997, 75th Leg., R.S.,.. Effective January 1, 1997 ; acts 1995, 74th Leg., Ch or serious injury to the application this. The exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns carrying WEAPON 1049. Most notably, an exception was created to the child in discharging the firearm the! 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