229, Sec. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Age: 33. Acts 2019, 86th Leg., R.S., Ch. 2, eff. September 1, 2017. 3167), Sec. 1, eff. 399, Sec. September 1, 2007. Aug. 29, 1983; Acts 1987, 70th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 686, Sec. 4, eff. 963 (S.B. 1, eff. Age: 33. Most UCW cases involve handguns, particularly those that intersect Acts 2005, 79th Leg., Ch. 1302 (H.B. 1, eff. September 1, 2021. 16.004, eff. 83, Sec. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. Sept. 1, 1991; Renumbered from Penal Code Sec. Acts 2021, 87th Leg., R.S., Ch. 318, Sec. 15, eff. 162), Sec. (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. 910), Sec. September 1, 2017. Amended by Acts 1999, 76th Leg., ch. (2) at the actor's residence or place of employment. The term includes a travel trailer, camping trailer, truck camper, motor home, and (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. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 10.04, eff. September 1, 2007. Arrest and booking photos are provided by law enforcement officials. 11.24, 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. Amended by Acts 1985, 69th Leg., ch. 153 (S.B. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2005. 1, eff. September 1, 2019. 852, Sec. 21.001(40), eff. Acts 2007, 80th Leg., R.S., Ch. (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. 1069), Sec. 1049 (H.B. (3) is punishable by confinement for one year or more in a penitentiary. 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. 900, Sec. (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. September 1, 2015. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 1304, Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 7, eff. Amended by Acts 1987, 70th Leg., ch. Sept. 1, 1987; Acts 1987, 70th Leg., ch. Acts 2005, 79th Leg., Ch. 2, 3, eff. Booking Number: CB33MB02272023. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 71, eff. 1214 (H.B. Sec. 11, eff. 437 (H.B. 1221, Sec. 809 (H.B. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. 1214 (H.B. This page has been updated accordingly. (a) 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 officer's or investigator's 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 officer's duties while carrying the weapon; and. (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. (b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree. 1, eff. January 1, 2016. 1488), Sec. 873, Sec. Acts 2021, 87th Leg., R.S., Ch. 324 (S.B. September 1, 2019. 2, eff. 5.01(a)(46), eff. 679 (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. (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. 1935), Sec. 24, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 852, Sec. 1035 (H.B. (2) possesses or carries an instrument used specifically for deterring an animal bite while the officer is: (B) traveling to or from a place of duty. 1146 (H.B. Sept. 1, 1994. It is important to note that this practice is illegal in most states across the nation. 2.79; Acts 1991, 72nd Leg., 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. (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. 16, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 19.004, eff. September 1, 2021. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. September 1, 2009. (2) an offense under Subsection (a)(7) is a state jail felony. (3) promptly departed from the premises or other property. June 19, 2009. 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. 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. COMPONENTS OF EXPLOSIVES. 3, eff. 22, eff. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (b)Except as provided by Subsection (c) or (d), an offense under this section is Sept. 1, 1991. 1, eff. 1445, Sec. September 1, 2017. (10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. 15.002, eff. Sept. 1, 1985. [1] It is divided into six parts, each part with its own subsection. 1049 (H.B. January 1, 2016. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 324 (S.B. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2007. 49, eff. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. 1927), Sec. (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. 405), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., 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. 229, Sec. 4, eff. 435), Sec. 1, eff. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 1, eff. 324, Sec. 931, Sec. The UCW law was very different before September 1, 2021. September 1, 2007. 399, Sec. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 2110), Sec. 3, eff. Acts 2021, 87th Leg., R.S., Ch. 46.10 | Sec. 437 (H.B. 1143 (H.B. (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 (b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person's release from confinement following conviction of the misdemeanor; or. Otherwise, (a-7) violations are punished as third-degree felonies. 1552), Sec. (3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. (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. 7, eff. September 1, 2013. Jan. 1, 1974. September 1, 2021. Added by Acts 1995, 74th Leg., ch. (A) on the persons own premises or premises under the persons control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; or. Acts 2021, 87th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (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. (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. (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. 45, eff. 46.12. 693 (H.B. 3.20, eff. (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 or other qualified retired law enforcement officer, as defined by 18 U.S.C. 1927), Sec. September 1, 2021. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 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. 1060, Sec. Amended by Acts 1975, 64th Leg., p. 109, ch. 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. 900, Sec. However, there are still other situations in which it is illegal to carry a handgun. Sec. 823), Sec. H.B. The change is effective only to offenses committed after the effective date of the bill,[13] January 1, 2016.[14]. ai thinker esp32 cam datasheet 2, eff. 1935), Sec. 5, eff. (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). 10, eff. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1994. 46.10 by Acts 1993, 73rd Leg., ch. September 1, 2021. September 1, 2011. Acts 2009, 81st Leg., R.S., Ch. 814 (H.B. 921 (H.B. 3, eff. (d) An offense under Subsection (a-4) is a Class C misdemeanor. 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1997; Acts 1999, 76th 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. 262, Sec. 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. 342, Sec. alcoholic beverages. Arrest and booking photos are provided by law enforcement officials. (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. September 1, 2017. Acts 1973, 63rd Leg., p. 883, ch. 687 (H.B. September 1, 2015. 168, Sec. 15, eff. (d) An offense under Subsection (a-4) is a Class C misdemeanor. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. DEFINITIONS. 957), Sec. We explore the UCW law and how it has changed in more detail below. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. September 1, 2005. 3, eff. 2, eff. 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]. 1, eff. September 1, 2017. (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, 2021. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. Aug. 29, 1983; Acts 1987, 70th Leg., ch. [4] The law in effect for offenses occurring on or after September 1, 2017, but before September 1, 2019, is below (language removed from the 2015 version of the law is indicated in strikethrough): (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. 2112), Sec. 4, eff. (b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. 10.02, eff. September 1, 2017. Amended by Acts 1983, 68th Leg., p. 2962, ch. 1416), Sec. 2, eff. (ii) not wearing the uniform of a security officer and carrying the officers weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and. 399, Sec. 2112), Sec. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. 518 (S.B. 1193, Sec. (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. 4, eff. 1, eff. September 1, 2017. Acts 1973, 63rd Leg., p. 883, ch. 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 (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation September 1, 2019. 46.08 | Sec. Section 923. Also, under the 2021 law changes, it no longer is necessary to have a permit to carry openly so long as the handgun is in a holster (unless one of the other UCW subsections apply). April 1, 2019. 46.035. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. What is a criminal street gang? 165, Sec. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. 1488), Sec. In 2021, the Texas September 1, 2005. 913), Sec. 3(1), eff. The current UCW law (effective as of September 1, 2021) makes it illegal to carry a handgun outside of your home or vehicle (unless youre directly en route to and from those locations) if youre: (1) intoxicated, (2) prohibited from possessing a firearm under other law, (3) under 21 years old, or (4) convicted of certain offenses within five years from the date of carry. 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. 910, 84th Texas Legislature, Section 51, H.B. 3, eff. (l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and (a)(4) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. 46.09 | Sec. Texas Penal Code 46.02(d)^11. 2, eff. September 1, 2017. Redesignated from Penal Code Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1049 (H.B. 32, eff. Acts 2019, 86th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 1927), Sec. 550), Sec. Amended by Acts 1995, 74th Leg., ch. 5, eff. 10, eff. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 2, eff. September 1, 2021. Sec. This includes a boat you own, as well as your motor Acts 2021, 87th Leg., R.S., Ch. 1179 (S.B. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; 790, Sec. 3 (H.B. Sept. 1, 1997. 46.07. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1179 (S.B. 1, eff. (g-2) An offense committed under Subsection (a)(8), (a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A misdemeanor. September 1, 2019. 1222 (H.B. 320, Sec. 2, eff. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. 48, eff. 46, Sec. 1, eff. 910), Sec. 693 (H.B. 642 (H.B. 1069. 790, Sec. 1221, Sec. All rights reserved. 1261, Sec. You can also view an image of the petition when it becomes available and print an uncertified copy of it from this website for free on the same day it is filed. The exception allows people over 21 years old to carry a handgun outside of their home or vehicle so long as within 5 years of the date of carry they have not been convicted of Assault Bodily Injury (not Class C Assault), Deadly Conduct, Terroristic Threat, Disorderly Conduct subsection (a)(7) discharging a firearm in a public place, or Disorderly Conduct subsection (a)(8) displaying a firearm in a manner calculated to alarm. 550), Sec. 2664), Sec. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. He was booked into jail at 3:02 a.m. and his bond was initially set at $462 and could be increased when he is magistrate by a Justice of the Peace. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person 809 (H.B. 446), Sec. 520 (S.B. September 1, 2021. September 1, 2021. September 1, 2021. 2, eff. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. 1, eff. by the person or under the person's control. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 554), Sec. June 15, 2007. 1188), Sec. 976 (H.B. 2, eff. Acts 2015, 84th Leg., R.S., Ch. (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. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and, (A) on the person's own premises or premises under the person's control; or. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. H.B. (A) on the persons own premises or premises under the persons control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; or. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. Acts 2007, 80th Leg., R.S., Ch. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. 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. Jan. 1, 1974. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 809 (H.B. 1.01, eff. Sept. 1, 1999. (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. 6, eff. 2, eff. unl carrying weapon texas 27 Feb. unl carrying weapon texas. 91 (S.B. (e) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or. 900, Sec. 165, Sec. 1261, Sec. 13, eff. (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. (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. In 2019, the 86th Texas Legislature removed clubs from the list of items that were illegal to carry in your car or truck in plain view.[3]. 1069), Sec. (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. , motor home, and horse trailer with living quarters 1989 ; Acts 1991, Leg.... 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