2.79; Acts 1991, 72nd Leg., ch. But if you win the DWI case, then you should also win the UCW case (so long as there is no other basis for the UCW, like having a felony conviction). 62, Sec. Acts 2015, 84th Leg., R.S., Ch. (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. 921 (H.B. UNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FA 2 1 50.0000% UNL CARRY WEAPON/WEAPONS FREE ZONE 6 0 0.0000% . 46.035. Another exception to the ability to carry a handgun in Texas is inside airports or other prohibited places. 8, eff. 809 (H.B. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. Amended by Acts 1987, 70th Leg., ch. (g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense: (1) is not designated by a law of this state as a felony; and. The exception regarding carrying in, to, and from your home or vehicle does still apply to the people under 21 and those convicted of the offenses described above. 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. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. (a-4) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion. Acts 2019, 86th Leg., R.S., Ch. Call (214) 696-9253 to learn more. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. Home Texas Penal Codes Texas Penal Code Ch 46.02 Unlawful Carrying Weapons. 46.02. (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. September 1, 2021. Why Are Federal Charges More Severe Than State Charges? 342, Sec. 46.06 and amended by Acts 1993, 73rd Leg., ch. 910, 84th Texas Legislature, Section 53, effective January 1, 2016, 22 Texas Code of Criminal Procedure Chapter 42A, 23 H.B. 921 (H.B. (B) engaged in providing emergency services. 2, eff. 795, Sec. 494, Sec. 2, 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. 1, eff. Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. Amended by Acts 1995, 74th Leg., ch. 1049 (H.B. (2) at the actor's residence or place of employment. June 15, 2007. Thomas Smith led a team that rapidly took hold of my case; was very welcoming, thorough, efficient, and had great communication. 809 (H.B. Acts 2017, 85th Leg., R.S., Ch. 13, eff. 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. In addition to being AV rated Preeminent by Martindale, Paul Saputo has achieved a perfect 10.0 Top Attorney rating on AVVO, a 10.0 rating on Justia, and he has been consistently recognized by Super Lawyers as a Texas Super Lawyers Rising Star and by D Magazine as one of the Best Lawyers in Dallas and one of the Best Lawyers under 40. Mr. Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. Sept. 1, 1994; Acts 1999, 76th Leg., ch. Sept. 1, 1994. 3, eff. (3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable. We communicated primarily via email, but that was sufficient and kept the cost down. 1935), Sec. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. 1261, Sec. 260, Sec. Texas law recognizes the right of its citizens to carry handguns for their own protectionunder certain circumstances. UNLAWFUL CARRYING WEAPONS (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and (2) is not: (A) on the person's own premises or premises under the person's control; or 24, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 435), Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. September 1, 2005. 2, eff. (2) the date of the person's release from community supervision following conviction of the misdemeanor. (d) An offense under this section is a Class A misdemeanor, except that: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun; and. We Can Help You Build A Defense Send Us A Message Below And One Of Our Staff Members Will Get Back To You As Soon As Possible. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. 5.01(a)(46), eff. 2110), Sec. May 18, 2013. www.dps.texas.gov 512-424-7293 . 7, eff. Acts 1973, 63rd Leg., p. 883, ch. (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; (b) Section 46.02 does not apply to a person who: . 518 (S.B. Acts 2005, 79th Leg., Ch. (C) 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. 1, eff. September 1, 2019. Sec. Our team can go to work for you almost immediately, defending your rights and accompanying you during police questioning, your arraignment, or any other court appearances. 1, eff. Penal Code 46.02 unlawful carrying weapons means: if. 399, 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. 13, eff. 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. June 19, 2009. Redesignated from Penal Code Sec. Acts 2009, 81st Leg., R.S., Ch. (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, 2013. (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. 1407), Sec. 4, eff. Switchblades knives. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. We invite you to contact us and welcome your calls, letters, and e-mail. 1, eff. 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. (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. 1.01, eff. 46.04 Unlawful Possession of Firearm (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) 1927), Sec. 552, Sec. September 1, 2007. 435), Sec. 229, Sec. Added by Acts 1995, 74th Leg., ch. September 1, 2019. 1221, Sec. September 1, 2009. Subsection (a-7) makes it illegal to possess a handgun outside of your home or vehicle if youre prohibited from possessing a firearm under the Unlawful Possession of Firearm law (unless the unlawful possession was because of membership in a criminal street gang. September 1, 2017. 2, 3, eff. 1179 (S.B. Every DUI/DWI charge in Texas is at least a Class B misdemeanor so it's almost certain you will face that additional charge. Section 923. In addition, Texas law contains the following exemptions: Under Section 46.15(b)(6), the Unlawful Carrying Weapons offense does not apply to holders of a CHL, whether the weapon was concealed or, under the new Open Carry law passed in 2017, carried openly in a shoulder or belt holster (the words shoulder or belt were deleted in the 87th Legislature). Sept. 1, 1994. September 1, 2021. If you have been arrested and charged with a gun crime in Houston, you need a Houston criminal defense lawyer who understands the severity of the charges filed against you. 446), Sec. 693 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 3, eff. 446), Sec. Sec. The legislature also removed the prohibition in (a-1) against members of so-called criminal street gangs from possessing handguns in their motor vehicles. All rights reserved. 46.09 by Acts 1993, 73rd Leg., ch. I received good advice, was kept informed, and got the outcome I had hoped for. 320, Sec. 728 (H.B. This section prohibits displaying a handgun in a public place unless the handgun is in a shoulder or belt holster. 1, eff. September 1, 2007. 50, eff. 823), Sec. 2.07, eff. (a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. 1, eff. Call us today at 713-981-0600 or fill out our confidential contact form, and begin building your defense. (2) does not contain all the elements of any offense designated by a law of this state as a felony. Upon a careful review of your case, they can come up with the best legal defense strategy to fight for the best outcome. Available 24/7 | Se Habla Espaol (214) 696-9253 Menu Need Legal Representation ? The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. He will also expedite the process as quickly as possible. Acts 2017, 85th Leg., R.S., 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. 960 (H.B. 473), Sec. September 1, 2005. 2112), Sec. 1048 (H.B. 25, eff. 399, Sec. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. One of the key elements of the UCW offense is whether the person being charged really intentionally, knowingly, or recklessly carried the weapon. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. 467 (H.B. Acts 2021, 87th Leg., R.S., Ch. Added by Acts 1983, 68th Leg., p. 4831, ch. He is full of energy and very passionate about his work. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 473), Sec. August 1, 2016. 1815), Sec. Private colleges in the state may opt out of Campus Carry. Perhaps your spouse placed the gun in your bag, then forgot to mention it to you. 4170), Sec. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. Acts 2015, 84th Leg., R.S., Ch. There are certain categories of people who are exempted from the Unlawful Carrying of Weapons law, including the following: Security officers, Law enforcement officers, Certain military members, Court officials, Those who are traveling, Hunters, Those possessing a handgun license, Under certain circumstances, animal control officers, Those engaged in a historical reenactment and Those who hold an alcoholic beverage permit. 1, eff. (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. Added by Acts 2001, 77th Leg., ch. At Roger G. Jain & Associates, P.C., our Houston criminal defense attorneys will work tirelessly to protect you after an arrest. Acts 2007, 80th Leg., R.S., Ch. 1, eff. If you face accusations or charges of unlawful carrying of a handgun, club, or location-restricted knife and violating Texas Penal Code Ch 46.02, the team from the Law Offices of Randall B. Isenberg can help. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 16, eff. (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. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. September 1, 2017. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. 554), Sec. Under the current law, the UCW offense is punished as a Class A Misdemeanor16 unless its an (a-4) offense (the location-restricted knife offense as described above), in which case it is a Class C Misdemeanor,17 or its an (a-7) offense, in which case it can be either a second or third degree felony.18. A third-degree felony is punishable by a fine as large as $10,000 and from 2-10 years in prison. 26(8), eff. 1060, Sec. TEXAS PENAL CODE. 399, Sec. 4, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. September 1, 2009. The change is effective only to offenses committed after the effective date of the bill,20 January 1, 2016.21. (c) 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, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter. Texas Penal Code Section 46.02 outlines the severity of these charges. 435), Sec. Acts 1973, 63rd Leg., p. 883, ch. 2.60, eff. Public universities are required to allow handguns in college campuses and dorms. 22, eff. September 1, 2017. The information you obtain at this site is not, nor is it intended to be, legal advice. (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. 46.05 and amended by Acts 1993, 73rd Leg., ch. I greatly appreciated their help during that tough time in my life. 324 (S.B. They also answered all questions I had in a timely fashion. This article focuses on UCW cases involving handguns. "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. Sept. 1, 1985. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. Call Us 24/7/365 Call us today! (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. Let us review your case, build a solid defense, and represent you in court. Acts 2017, 85th Leg., R.S., Ch. Texas has generous laws related to carrying and using firearms and other weapons, but this can make it confusing when the police accuse you of unlawful carrying. UNL CARRY HANDGUN LIC HOLDER 0 0 13 ; 0 0 5 ; 0.0000% 0.0000% 38.4615% : UNL CARRY HANDGUN LIC HOLDER ALCH PREM/COR F 1969), Sec. In the event that I require legal counsel again The Saputo Law Firm will be my first call and when asked for a referral my recommendation will be the same. Varghese Summersett PLLC 2004 - 2023. Acts 2005, 79th Leg., Ch. (2) the child in discharging the firearm caused the death of or serious injury to the child. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. 7, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 4, eff. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. 2300), Sec. 1069. Acts 2007, 80th Leg., R.S., Ch. 23, eff. 3, eff. Acts 2009, 81st Leg., R.S., Ch. They were sincere, honest, and made the process as simple as possible. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. Acts 2013, 83rd Leg., R.S., Ch. 435), Sec. 1281 (H.B. (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited; (7) 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; (8) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a) is used in the event; (9) on the premises of a correctional facility; (10) on the premises of a civil commitment facility; (11) 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 person has written authorization of the hospital or nursing facility administration, as appropriate; (12) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration; (14) in the room or rooms where a meeting of a governmental entity is held, if the meeting is an open meeting subject to Chapter 551, Government Code, and if the entity provided notice as required by that chapter. 1445, Sec. 535), Sec. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. (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. 910), Sec. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. Acts 2013, 83rd Leg., R.S., Ch. If you're looking for a responsive attorney that can handle extreme complexity, quicklyRead More. Paul is a stellar attorney and has a heart of gold! TITLE 10. September 1, 2021. 1, eff. 318, Sec. 1815), 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. 168, Sec. UNLAWFUL CARRYING WEAPONS. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the persons control; or (ii) with the consent of the owner or operator of the vehicle or watercraft. 964), Sec. 25), Sec. Acts 2021, 87th Leg., R.S., Ch. 578), Sec. September 1, 2021. Acts 2015, 84th Leg., R.S., Ch. Additionally, it is illegal to carry a handgun or club while engaged in any type of criminal activity more serious than a traffic offense. 642 (H.B. Sept. 1, 1995. (a-7) A person commits an offense if the person: (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; and. 399, Sec. (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. (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. 1416), Sec. Acts 2021, 87th Leg., R.S., Ch. 79), 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. 2, eff. Our team can represent you during court appearances and present a strong defense on your behalf. 437 (H.B. (g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1). Had in a public place unless the unl carrying weapon texas is in effect to carry for. Today at 713-981-0600 or fill out our confidential contact form, and.. You after an arrest 83rd Leg., R.S., Ch, our Houston criminal attorneys!, that is in a public place unless the handgun is in shoulder! At Roger G. Jain & Associates, P.C., our Houston criminal defense attorneys work! Campuses and dorms acts 1991, 72nd Leg., p. 2650,.! An arrest WEAPON/WEAPONS FREE ZONE 6 0 0.0000 % a strong defense on your.. Represent you in court effective only to offenses committed after the effective date of the January. ) 696-9253 Menu Need legal Representation 83rd Leg., Ch Associates, P.C. our. Wide array of serious Charges protectionunder certain circumstances their motor vehicles September 1,! 46.02 unlawful carrying Weapons to allow handguns in their motor vehicles under 4! At Roger G. Jain & Associates, P.C., our Houston criminal defense attorneys will tirelessly... And e-mail, they can come up with the best legal defense to... 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