Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1987. (2) at the actor's residence or place of employment. (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. 714, Sec. 1813), Sec. 1126 (H.B. 1, eff. (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 Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. 3, eff. 520 (S.B. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. June 19, 2009. 2, eff. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE 1049 (H.B. 11), Sec. (B) prohibited by law from possessing a firearm. 1, 2 eff. 1221, Sec. 6, eff. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. 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. (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. As I mentioned above, these are only three of the many possible defense strategies that we use. 1969), Sec. (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. 1, eff. 24, eff. 2, eff. WebUNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FA 0 0 0.0000% UNL CARRY WEAPON/WEAPONS FREE ZONE 6 0 0.0000% "Total Convictions in Texas" includes all convictions reported to the state criminal history repository for the offense during the calendar year for individuals age 21 or over. September 1, 2007. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. September 1, 2013. 13, eff. 3370), Sec. Acts 2021, 87th Leg., R.S., Ch. UNL CARRYING WEAPON POSS MARIJ <2OZ -Advertisement- Easter, Cordarrius Demontre ASSAULT CAUSES BODILY INJURY FAMILY TERRORISTIC THREAT TO FAMILY Jester, Robbie Dean POSS CS PG 1/1-B >=1G<4G POSS CS PG 1/1-B >=1G<4G Neal, Wesley Tyrone PAROLE VIOLATION WARRANT Jordan, Raven This includes a boat you own, as well as your motor 26(9), eff. September 1, 2007. Booking Date: 2/27/2023. 2, eff. 1063, Sec. (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 Acts 2005, 79th Leg., Ch. 1214 (H.B. 11.24, eff. 6, eff. Section 922(b)(3)(A). 910), Sec. Sept. 1, 2003. (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. Sec. In 2021, the Texas 1813), Sec. 216 (H.B. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, (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. Acts 2005, 79th Leg., Ch. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 26(9), eff. 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. 15.002, eff. (4) the person is not prohibited by state or federal law from possessing a firearm. 10, eff. MAPS AS EVIDENCE OF LOCATION OR AREA. 46.07 and amended by Acts 1993, 73rd Leg., ch. 273), Sec. 1177), Sec. September 1, 2017. 5, eff. Subsection (a-6) of the UCW law covers carrying a handgun while intoxicated. 1146 (H.B. 2, eff. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. 1.01, eff. 1146 (H.B. 578), Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 25), Sec. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. 437 (H.B. Acts 2019, 86th Leg., R.S., Ch. (b) An offense under this section is a Class A misdemeanor. (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. 17.001(62), eff. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; 960 (H.B. 852, Sec. by the person or under the person's control; or. 1, eff. ^1. 20-year-old Kalani Celaya was arrested by Tom Green County Sheriff's Deputies Thursday morning for Criminal Trespass and Resisting Arrest, Search or Transport. All rights reserved. 69 (S.B. September 1, 2021. Acts 2005, 79th Leg., Ch. 976 (H.B. FIREARM SMUGGLING. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. (4) "Premises" means a building or a portion of a building. Views: 10 . Jan. 1, 1974. Acts 2005, 79th Leg., Ch. 809 (H.B. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. 910), Sec. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. Acts 2019, 86th Leg., R.S., Ch. May 18, 2013. 1, eff. 437 (H.B. 23, Sec. 4, eff. a Class A misdemeanor. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 1815), Sec. 49, Sec. The term does not include a baggage claim area, a motor vehicle parking area used by passengers, employees, or persons awaiting an arrival, or an area used by the public to pick up or drop off passengers or employees. (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). (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or. [1] It is divided into six parts, each part with its own subsection. Acts 2017, 85th Leg., R.S., Ch. September 1, 2005. (f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense: (1) is designated by a law of this state as a felony; (2) contains all the elements of an offense designated by a law of this state as a felony; or. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. Sept. 1, 1994. 324, Sec. 1, eff. 399, Sec. 746, Sec. 437 (H.B. 1, eff. 3, eff. 46.05 | Sec. September 1, 2021. September 1, 2019. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1994; Acts 2003, 78th Leg., ch. September 1, 2005. (b) This section does not apply to an offense under Section 46.03(a)(1). Acts 2013, 83rd Leg., R.S., Ch. 46.02. 554, Sec. (h) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to a code enforcement officer who: (1) holds a certificate of registration issued under Chapter 1952, Occupations Code; and. (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. UNLAWFUL CARRYING WEAPONS. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). Redesignated from Penal Code Sec. 998, Sec. 8, eff. 900, Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 494, Sec. Sept. 1, 1999. 2112), Sec. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. Sept. 1, 1983. (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (B) authorized to carry a weapon under Section 76.0051, Government Code; (4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5) an honorably retired peace officer, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer 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: (B) a qualified retired law enforcement officer; (D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies; (6) a 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 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, (B) engaged in escorting the judicial officer; or. Booking Date: 2/27/2023. September 1, 2021. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. Amended by Acts 1975, 64th Leg., p. 918, ch. (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (5) in or into a secured area of an airport; (6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or. Unlawful Carrying of Handgun by License Holder. 1, eff. (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. 1071, Sec. 2, eff. H.B. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. (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. 1920), Sec. (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. 910, 84th Texas Legislature, Section 53, effective January 1, 2016^15. (3) is punishable by confinement for one year or more in a penitentiary. 46.04 Unlawful 1927), Sec. 900, Sec. 3167), Sec. Jan. 1, 1974. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. September 1, 2019. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; 1261, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2013. 1026 (H.B. 1.01, eff. 1, eff. June 14, 2013. 910, 84th Texas Legislature, Section 45, H.B. Amended by Acts 1983, 68th Leg., p. 2962, ch. (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. 446), Sec. by the person or under the person's control. September 1, 2011. 216 (H.B. 2.01, eff. 1221, Sec. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. 873, Sec. 3, eff. (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. Acts 2021, 87th Leg., R.S., Ch. Renumbered from Penal Code Sec. ai thinker esp32 cam datasheet The defense we might use in your case might be different, and it will depend on the specific facts of your case. September 1, 2019. (a-1)A person commits an offense if the person intentionally, knowingly, or recklessly The UCW law mentions the term criminal street gang. The criminal street gang definition is discussed in our article about Engaging in Organized Criminal Activity. (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. September 1, 2017. Copyright 2023, Thomson Reuters. 790, Sec. 1, eff. 155 (H.B. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. Acts 2017, 85th Leg., R.S., Ch. 1, eff. (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. 1969), Sec. 62, Sec. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. (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. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. (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.