467 (H.B. (a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 46.10 | Sec. 288 (H.B. 1063, 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. Acts 2013, 83rd Leg., R.S., Ch. 3607), Sec. 69 , Sec. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. 2112), Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. WebThe Texas Unlawfully Carrying a Weapon statute, which is often shortened to UCW, says that it illegal to carry a handgun or club on or about the person's body. 1488), Sec. 3, eff. 446), Sec. Acts 2019, 86th Leg., R.S., Ch. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. September 1, 2021. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, Section 46.15(d) exempts a public security officer employed by the adjutant general from prohibitions on the carrying of a firearm, Section 46.15(e) exempts the carrying of a bowie knife or sword in a historical demonstration or in a ceremony (and beginning September 1, 2017, pursuant to H.B. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. Acts 2021, 87th Leg., R.S., Ch. 1060, Sec. June 15, 2007. 1416), Sec. Sec. 23.001(78), eff. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 15.005, eff. 299), Sec. Acts 2005, 79th Leg., Ch. 399, Sec. 69 (S.B. Acts 2021, 87th Leg., R.S., Ch. 26, eff. Acts 2005, 79th Leg., Ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. H.B. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1999. MAPS AS EVIDENCE OF LOCATION OR AREA. 1935), Sec. Renumbered from Penal Code Sec. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 1445, Sec. 1, eff. September 1, 2019. H.B. Unlawful Carrying Weapons - last updated April 14, 2021 September 1, 2007. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or. Amended by Acts 1983, 68th Leg., p. 2962, ch. 1813), Sec. 809 (H.B. 3(1), eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 10, eff. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1987. 1, eff. (4) is displayed in a conspicuous manner clearly visible to the public. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2021. Sept. 1, 1994; Acts 2003, 78th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 931, Sec. Added by Acts 1995, 74th Leg., ch. HOAX BOMBS. September 1, 2021. 452, Sec. 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]. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. September 1, 2011. Sept. 1, 2001. (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. 48, eff. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. Acts 2017, 85th Leg., R.S., Ch. 1, eff. Added by Acts 1995, 74th Leg., ch. 900, Sec. 1576), Sec. Amended by Acts 1995, 74th Leg., ch. 91 (S.B. It covers prosecutions for carrying a weapon outside of your home or vehicle without a permit, but it will not cover prosecutions for UCW based on the motor-vehicle related offenses, such as carrying a weapon in a vehicle while you committed another offense or while being a member of a criminal street gang. Added by Acts 1983, 68th Leg., p. 4832, ch. September 1, 2007. shoulder or belt holster; or. 1, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. (b) This section does not apply to an offense under Section 46.03(a)(1). 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 437 (H.B. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. Sec. Subsection (a-4) of the UCW law covers location-restricted knives. 49, Sec. 809 (H.B. 24, eff. 15.002, eff. 809 (H.B. 481 (H.B. (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. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE (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. on water, used or capable of being used for transportation on water. 1920), Sec. June 20, 1997; Acts 1997, 75th Leg., ch. 963 (S.B. (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. 262, Sec. 4, eff. September 1, 2009. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 46.04 | Sec. 46.07 | Sec. Acts 2019, 86th Leg., R.S., Ch. September 1, 2019. September 1, 2017. What is the difference between UCW and UPF? 852, Sec. 3.20, eff. (d) An offense under this section is a felony of the third degree. 998, Sec. 910, 84th Texas Legislature, Section 51, effective January 1, 2016^14. 4173), Sec. 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, 1994. 746, Sec. 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. 22, eff. 1, eff. 1927), Sec. Acts 2007, 80th Leg., R.S., Ch. 1536), Sec. 1927, H.B. Booking Date: 2/27/2023. Acts 2021, 87th Leg., R.S., Ch. [15] However, Sec. Gender: M. Race: Black or African American. (b)Except as provided by Subsection (c) or (d), an offense under this section is 32, eff. Acts 1973, 63rd Leg., p. 883, ch. 809 (H.B. 26(10), eff. (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. 809 (H.B. Webunl carrying weapon texas unl carrying weapon texas. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the persons own property or property under the persons control or on private property with the consent of the owner of the property; or. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. (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. (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 2009, 81st Leg., R.S., Ch. 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]. Acts 2009, 81st Leg., R.S., Ch. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. 280 (S.B. Acts 1973, 63rd Leg., p. 883, ch. ai thinker esp32 cam datasheet 3, eff. September 1, 2007. 1, 2 eff. 1026 (H.B. 23, Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. 642 (H.B. Jan. 1, 1974. WebUNLAWFUL CARRYING WEAPONS. Acts 1973, 63rd Leg., p. 883, ch. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. 1927, 87th Texas Legislature, Section 4. 10.03, 31.01(70), eff. June 20, 1997; Acts 1997, 75th Leg., ch. 216 (H.B. April 1, 2019. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 2112, S.B. 852, Sec. AUSTIN, Texas 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. Aug. 29, 1983; Acts 1989, 71st Leg., ch. In H.B. September 1, 2013. 318, Sec. The defense we might use in your case might be different, and it will depend on the specific facts of your case. May 18, 2013. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. 399, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 15.02(f), eff. 1, eff. (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. 554, Sec. 3(2), eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. 1177), Sec. Sept. 1, 2001. 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. Jan. 1, 1974. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. (16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. 910), Sec. 26(8), eff. (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. 2, eff. 46.04. June 15, 2007. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. 1069), 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. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). 1, eff. 46.09 | Sec. 910), Sec. 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. Acts 2021, 87th Leg., R.S., Ch. (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. 1, eff. (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. 852, Sec. 42, eff. (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. June 15, 2007. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 260, Sec. September 1, 2015. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 4, eff. September 1, 2011. 1, eff. 1927. However, there are still other situations in which it is illegal to carry a handgun. What is a criminal street gang? Views: 10 . September 1, 2017. (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. 216 (H.B. September 1, 2005. 900, Sec. (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). 1927), Sec. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. 25), Sec. 435), Sec. (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. Amended by Acts 1995, 74th Leg., ch. 814 (H.B. Booking Number: CB33MB02272023. 2, eff. September 1, 2017. 46.12 | Sec. 47, eff. September 1, 2019. Jan. 1, 1974. (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. WebA 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 (Prohibited Weapons) (a): 320, Sec. MAKING A FIREARM ACCESSIBLE TO A CHILD. Copyright 2023, Thomson Reuters. September 1, 2021. 2101), Sec. 26(9), eff. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. September 1, 2021. Amended by Acts 2001, 77th Leg., ch. 3, eff. Acts 2005, 79th Leg., Ch. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. September 1, 2019. Section 46.02 - Unlawful Carrying Weapons. by the person or under the person's control; or. (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. 1, eff. 550), Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1994. 22, eff. 693 (H.B. 14, eff. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly: (1) carries on or about his person a deadly weapon; or. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 1221, Sec. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 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. 1026 (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. 1, eff. WebThe Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). This authorization is enacted in conformance with 18 U.S.C. 9.25, eff. (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. 473), Sec. (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. 494, Sec. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. Sept. 1, 2003. 46.03 | Sec. September 1, 2007. 809 (H.B. (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 1221, Sec. Age: 33. 4, eff. (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. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. 593 (S.B. 15, eff. 11), Sec. 324, Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. 1.01, eff. 46.02 1, eff. His bond was set at $2,000. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 1035 (H.B. Sept. 1, 1997. (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. 3, eff. 2, eff. (2) does not contain all the elements of any offense designated by a law of this state as a felony. 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. 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. 998, Sec. 324 (S.B. (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. 7, eff. Acts 2007, 80th Leg., R.S., Ch. WebUNLAWFUL CARRYING WEAPONS. (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. 168, Sec. 421, Sec. (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. 3370), Sec. 2112), Sec. Acts 2011, 82nd Leg., R.S., Ch. (d) It is a defense to prosecution under Subsection (a)(5) 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: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. (12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. Sept. 1, 1994. (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. [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. 1049 (H.B. (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; Acts 1997, 75th Leg., ch. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. FIREARM SMUGGLING. 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. 87Th Leg., p. 883, ch checkpoint upon completion of the UCW offense in the 87th Legislature! A conspicuous manner clearly visible to the doctrinal space superiority construct ; woburn police live!, immediately inform your criminal defense attorney your criminal defense attorney 20, ;... Texas Code of criminal Procedure ( 2 ) the actor does not contain all the elements of any designated. 1987 ; Acts 1977, 65th Leg., p. 4830, ch 70th Leg.,.... 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