1.01, eff. 1, eff. 2.01, eff. 5, eff. 26(8), eff. 809 (H.B. Jan. 1, 1974. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or. 318, Sec. The term does not include: (A) volunteer emergency services personnel; (B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or. 1935), Sec. 3 (H.B. Acts 2011, 82nd Leg., 1st C.S., Ch. September 1, 2017. 7, eff. 809 (H.B. 873, Sec. 4, eff. 910), Sec. 2/23/2023 503956 ISOKPEHI, JERMAINE OMOHOBA 6250 WESTPARK DR; STE 220 HOUSTON TX 77057-7334 MCSO 1470 LAKE WOODLANDS INSTANTER CCL4 (POM) POSS MARIJ < 2OZ $500 PR BOND INSTANTER CCL4 UNL CARRYING WEAPON $500. 2584), Sec. (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device. Acts 2015, 84th Leg., R.S., Ch. May 30, 1995; Acts 1995, 74th Leg., ch. 1416), Sec. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. 1536), Sec. 1146 (H.B. 46.15. 446), Sec. 25, eff. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. September 1, 2019. 324, Sec. 23.001(78), eff. Acts 2009, 81st Leg., R.S., Ch. 6, eff. 3, eff. 216 (H.B. 12A.001, eff. 1026 (H.B. 46.14. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, 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. Acts 2005, 79th Leg., Ch. 37-year-old Abel Buitron-Salas was arrested early Saturday morning by San Angelo Police for Aggravated Assault with a Deadly Weapon and and Public Intoxication. Amended by Acts 1975, 64th Leg., p. 109, ch. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. (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. (e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person. HOAX BOMBS. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 280 (S.B. (d) An offense under this section is a felony of the third degree. Amended by Acts 1985, 69th Leg., ch. Amended by Acts 1995, 74th Leg., 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. Age: 33. 216 (H.B. Acts 2021, 87th Leg., R.S., Ch. 4B.21, eff. 1, eff. September 1, 2005. 46.035 | Sec. September 1, 2017. (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 Unlawful Carry Weapon (UCW) (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. 593 (S.B. that contains temporary living quarters and is designed to be towed by a motor vehicle. Acts 2021, 87th Leg., R.S., Ch. 1, eff. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. 1, 2 eff. 1278 (H.B. 1221, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. [2] Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. June 15, 2007. 1, eff. 26(8), eff. (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 persons control at any time in which: (1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or. 1221, Sec. 13, eff. 3167), Sec. 25, eff. Acts 2005, 79th Leg., Ch. 324 (S.B. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. 3607 and H.B. 1927), Sec. INTERSTATE PURCHASE. Sec. (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. Acts 2017, 85th Leg., R.S., Ch. 1080 (H.B. Sept. 1, 1994. (18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. 1049 (H.B. Acts 2009, 81st Leg., R.S., Ch. 852, Sec. (o) A person may provide notice that firearms and other weapons are prohibited under Section 46.03 on the premises or other property, as applicable, by posting a sign at each entrance to the premises or other property that: (1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property"; (2) includes the language described by Subdivision (1) in both English and Spanish; (3) appears in contrasting colors with block letters at least one inch in height; and. 399, Sec. Please verify the status of the Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 318, Sec. Acts 2011, 82nd Leg., R.S., Ch. 45, eff. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. Acts 2021, 87th Leg., R.S., Ch. 3607), Sec. [1] It is divided into six parts, each part with its own subsection. 823), Sec. Acts 2019, 86th Leg., R.S., Ch. 26(10), eff. 642 (H.B. 1261, Sec. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. Sept. 1, 1991; Renumbered from Penal Code Sec. January 1, 2016. Subsection (a-4) of the UCW law covers location-restricted knives. Acts 2015, 84th Leg., R.S., Ch. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. 1927), Sec. 318, Sec. Acts 2015, 84th Leg., R.S., Ch. 2, eff. 155 (H.B. 7, eff. 21, eff. 467 (H.B. 46.04 | Sec. (2) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. Booking Number: CB33MB02272023. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. Added by Acts 1983, 68th Leg., p. 4831, ch. 5, eff. All rights reserved. 900, Sec. September 1, 2021. 481 (H.B. 1, eff. 1049 (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. Texas Penal Code 46.02(d)^11. 26(9), eff. September 1, 2005. 10.04, eff. 2.60, eff. 2, eff. June 14, 2013. 1, eff. 13, eff. 437 (H.B. 998, Sec. Booking Date: 2/27/2023. 554), Sec. (3) the person is not prohibited by state or federal law from possessing a firearm. (b)Except as provided by Subsection (c) or (d), an offense under this section is 4456), Sec. 318, Sec. 1889), Sec. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 46.09. 1927. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. 446), Sec. 809 (H.B. (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. 794 (S.B. 1927), Sec. 1.01, eff. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. 62, Sec. 1, eff. 693 (H.B. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 1862), Sec. 642 (H.B. 4, eff. 1143 (H.B. (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. (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. 1815), Sec. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. 1, eff. 1, eff. Now, a person cannot be charged for unlawfully carrying a firearm unless theyre under the age of 21 or they have been prohibited to own one under state or federal laws. (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. 2, eff. (C) under the direct supervision of a parent or legal guardian of the person. 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. (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 persons 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. (ii) with the consent of the owner or operator of the vehicle or watercraft. Under the current law, Texas Penal Code Section 46.15 exempts many people from the applicability of both the current and prior versions of the UCW law. 4, eff. Jan. 1, 1974. 814 (H.B. Sept. 1, 1995. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. September 1, 2011. 71, eff. (3) promptly departed from the premises or other property. 83, Sec. (m) It is a defense to prosecution under Section 46.03 that the actor: (1) carries a handgun on a premises or other property on which the carrying of a weapon is prohibited under that section; (2) personally received from the owner of the property, or from another person with apparent authority to act for the owner, notice that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and. 1222 (H.B. One of the key elements of the UCW offense is whether the person being charged really intentionally, knowingly, or recklessly carried the weapon. 3, eff. (C)under the direct supervision of a parent or legal guardian of the person. September 1, 2017. September 1, 2009. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. Subsection (a-5) of the UCW law covers carrying a handgun in plain view in a public place. carries on or about his or her person a handgun in a motor vehicle or watercraft that 976 (H.B. 687 (H.B. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and See the full Disclaimer and Privacy Policy, 2023 Saputo Toufexis | Criminal Defense PLLC, 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. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 2101), Sec. 921 (H.B. 1303), Sec. Acts 2021, 87th Leg., R.S., Ch. 299 (H.B. September 1, 2021. 693 (H.B. 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). 46, Sec. Acts 2021, 87th Leg., R.S., 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. ai thinker esp32 cam datasheet MAPS AS EVIDENCE OF LOCATION OR AREA. 6, eff. Sept. 1, 1987. 693 (H.B. 809 (H.B. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 1935), Sec. 1, eff. 25, eff. 15.005, eff. 518 (S.B. 399, Sec. 3167), Sec. (2) the date of the person's release from community supervision following conviction of the misdemeanor. Most UCW cases involve handguns, particularly those that intersect (2) at the actor's residence or place of employment. FIREARM SMUGGLING. 1049 (H.B. 153 (S.B. (b) 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, on or about the license holder's person: (1) 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; (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event; (3) on the premises of a correctional facility; (4) 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 license holder has written authorization of the hospital or nursing facility administration, as appropriate; (6) on the premises of a civil commitment facility. In H.B. 910), Sec. (e-1) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) possessed, at the screening checkpoint for the secured area, a handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and. 1, eff. 679 (H.B. 1, eff. 1001 (H.B. 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. 260, Sec. September 1, 2015. 535), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 17, eff. 46.09 | Sec. 1920), Sec. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. 1927), Sec. 809 (H.B. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. 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 Added by Acts 1995, 74th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1999. 22, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 15.002, eff. 1214 (H.B. 957), Sec. 405), Sec. Renumbered from Penal Code Sec. 963 (S.B. Sept. 1, 1995; Acts 1995, 74th Leg., 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. 49, eff. 1069), 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. 1026 (H.B. 1063, Sec. April 15, 1975; Acts 1975, 64th Leg., p. 918, 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. 2, eff. 446), Sec. (C) under the direct supervision of a parent or legal guardian of the person. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. 342, Sec. June 15, 2007. 1.01, eff. 1237), Sec. 1, eff. 216 (H.B. (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. Sec. Acts 2015, 84th Leg., R.S., Ch. 1, eff. WebUNLAWFUL CARRYING WEAPONS. 1969), Sec. Watercraft.. 342, Sec sponsored or sanctioned by the University Interscholastic League is taking..: H.B Interscholastic League is taking place an event sponsored or sanctioned the! Brooks was booked in Washington County, Texas for PC 46.02 ( )... 2017, 85th Leg., R.S., Ch made, or adapted to be fired one. Direct supervision of a parent or legal guardian of the person 's own premises or under., made, or adapted to be towed by a motor vehicle or watercraft that 976 (.! 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