46.10 | Sec. Booking Number: CB33MB02272023. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1994. 1, eff. 3, eff. September 1, 2021. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. (a-2) Notwithstanding Section 46.02(a-5), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person: (1) on the premises of an institution of higher education or private or independent institution of higher education; or. September 1, 2019. 2018), Sec. 910, 84th Texas Legislature, Section 45, H.B. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. September 1, 2013. 2, eff. (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. 46.09. 45, eff. Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. September 1, 2009. You may be able to get your UCW case dismissed. Added by Acts 1995, 74th Leg., ch. horse trailer with living quarters. 910, 84th Texas Legislature, Section 51, effective January 1, 2016^14. (k) Section 46.02 does not apply to a person who carries a handgun if: (1) the person carries the handgun while: (A) evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code, or a local state of disaster under Section 418.108, Government Code, with respect to that area; or. 1, eff. Jan. 1, 1974. Amended by Acts 1997, 75th Leg., ch. September 1, 2005. 6, eff. Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1995. 1063, Sec. 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. Acts 1973, 63rd Leg., p. 883, ch. (7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. 1927), Sec. (C)a member of a criminal street gang, as defined by Section 71.01. by the person or under the person's control; or. (2) possesses or conceals a deadly weapon in the penal institution. (g) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty. 399, Sec. 46.12 | Sec. Sept. 1, 1994. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 3 (H.B. Sept. 1, 1997. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 2101), Sec. 554, Sec. It is important to note that this practice is illegal in most states across the nation. 1048 (H.B. 1, eff. 216 (H.B. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. Unlawful Carrying Weapons on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Texas Penal Code 46.15(a). 273), Sec. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. Globally, the same House Bill eliminated the word concealed from various places in the Penal Code (including Section 46.15) because, essentially, a concealed handgun permit now allows people to carry in a concealed and un-concealed manner. 3167), Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. September 1, 2013. 320, Sec. 754, Sec. H.B. Amended by Acts 1997, 75th Leg., ch. 3, eff. 1026 (H.B. (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. (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. 520 (S.B. [16] This is, unfortunately, a narrow category of UCW violations. 1, eff. (A) reasonably appears to be an explosive or incendiary device; or. 18, eff. 1969), Sec. (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. 1927), Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. Acts 2007, 80th Leg., R.S., Ch. 3, eff. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Booking Number: CB33MB02272023. What is a criminal street gang? Sept. 1, 1985. (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. 687 (H.B. (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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. WebIf the weapon is in your car, it has to be hidden from plain view. 26(10), eff. Section 46.15(a) of the Texas Penal Code exempts law enforcement and court officials and even some volunteer emergency personnel,[7] and Section 46.15(b) exempts certain military members, people who are traveling, hunters and fishermen, security officers, personal protection officers, CHL holders, alcoholic beverage permit holders, and law enforcement students under certain circumstances.[8]. 1035 (H.B. 3370), Sec. 5.01(a)(46), eff. Acts 2015, 84th Leg., R.S., Ch. 679 (H.B. We explore the UCW law and how it has changed in more detail below. (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. 167, Sec. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. 910), Sec. 494, Sec. Acts 2009, 81st Leg., R.S., Ch. (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. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 4, eff. 1, eff. 1143 (H.B. ARREST DATE: 01/14/2023; CHARGES: 1) DRIVING WHILE INTOXICATED 2ND; 2) UNL CARRYING WEAPON; 3) POSS CS PG 1/1-B<1G; RELEASE REASON: TRANSFERRED TO COUNTY. 1813), Sec. 921 (H.B. (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. If the person was prohibited from possessing a firearm because of a felony conviction, the (a-7) violation is punished as a second-degree felony with a minimum 5-year punishment. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. 2300), Sec. 2112), Sec. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. 3, eff. 642 (H.B. 21.001(40), eff. Acts 1973, 63rd Leg., p. 883, ch. (i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club: (1) while in a vehicle being driven on a public road; or. Straight probation is also allowed to be imposed by both the judge and jury. 1146 (H.B. 203, Sec. 550), Sec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 11), Sec. 7, eff. Sec. 17.001(62), eff. 324 (S.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 900, Sec. Sec. June 20, 1997; Acts 1997, 75th Leg., ch. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. Acts 2017, 85th Leg., R.S., Ch. Southlake, Texas Linda Baker, Crime Reporter . 809 (H.B. Acts 2021, 87th Leg., R.S., Ch. 790, Sec. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. (B) submitted to a licensed firearms dealer, as defined by 18 U.S.C. Amended by Acts 1983, 68th Leg., p. 2962, ch. 3(1), eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 411.073 of the Texas Government Code mandates a 2 year waiting period to petition the court for an order of nondisclosure after the successful completion of deferred adjudication probation. 1, eff. Acts 2011, 82nd Leg., 1st C.S., Ch. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. 1488), Sec. 46.08 | Sec. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. 1261, Sec. Sept. 1, 1999. Acts 2005, 79th Leg., Ch. September 1, 2015. 2, eff. 288 (H.B. 4456), Sec. (2) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE Acts 2013, 83rd Leg., R.S., Ch. Aug. 29, 1983; Acts 1987, 70th Leg., ch. September 1, 2017. June 20, 1997; Acts 1997, 75th Leg., ch. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. September 1, 2015. (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. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. First, House Bill 910 amended subsection (a-1)(1) of the UCW law by adding 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 as an exception to the plain view type of UCW violation.[12]. 1, eff. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. (2) the date of the person's release from community supervision following conviction of the misdemeanor. 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. September 1, 2019. Added by Acts 1983, 68th Leg., p. 4831, ch. Acts 2021, 87th Leg., R.S., Ch. H.B. June 19, 2009. 13, eff. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. September 1, 2021. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. September 1, 2019. 1, eff. 2, eff. 976 (H.B. September 1, 2019. (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. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 913), Sec. 957), Sec. September 1, 2007. September 1, 2019. 4, eff. 162), Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1994; Acts 1999, 76th Leg., ch. September 1, 2007. (b) An offense under this section is a felony of the third degree. This authorization is enacted in conformance with 18 U.S.C. (c)An offense under this section is a felony of the third degree if the offense is September 1, 2009. September 1, 2021. Sept. 1, 1995. September 1, 2007. Sept. 1, 1987. A travel trailer, camping trailer, truck camper, motor home, and horse trailer living... 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