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). 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. 4, eff. 46.09. 46.04 and amended by Acts 1993, 73rd Leg., ch. Sept. 1, 1991; Renumbered from Penal Code Sec. This was my first time having to hire an attorney and was very skeptical, but Roger and his law staff put everything into perspective and explained the process and what is to be expected throughout the entire ordeal. June 20, 1997; Acts 1997, 75th Leg., ch. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or. Acts 2021, 87th Leg., R.S., Ch. 4, eff. In general, under TX 46.01 possessing some sizes and types of knives is illegal when the person is under age 18 and: If you face charges and get convicted of this type of charge in Texas, you will face penalties for unlawful carrying weapons under TX 12.01. (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. Texas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. (A) reasonably appears to be an explosive or incendiary device; or. (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. In general, those accused of unlawful carry will face a Class A misdemeanor charge. June 14, 2013. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., 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). 216 (H.B. 693 (H.B. 288 (H.B. If you are charged with unlawful possession of a firearm by a felon or otherwise, you need an experienced criminal defense attorney who can help defend the potential for conviction and punishment under these provisions. Call (214) 696-9253 today to get started with a conversation with a member of our criminal defense team. 7, eff. Subsection (a) deals with constitutional carry. Subsection (a) of the current Texas UCW law is as follows: (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 persons own premises or premises under the persons control; or. 910), Sec. 22, eff. 26, 27, eff. 1927, H.B. 963 (S.B. If you are arrested or charged for Unlawful Carrying of a Weapon, call our team of criminal defense attorneys for representation at 817-203-2220 or contact us online. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. 900, Sec. Acts 2019, 86th Leg., R.S., Ch. (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. 1813), Sec. Switchblades knives. (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. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Call us today! Sept. 1, 1995. 1, eff. Charge Description: UNL CARRYING WEAPON Bond Amount: $2,500.00 Charge Description: POSS MARIJ Bond Amount: $500.00 ** This post is showing arrest information only. Acts 2005, 79th Leg., Ch. 1, eff. Thomas and team were in short Wonderful. Acts 2017, 85th Leg., R.S., Ch. Under Texas Penal Code Section 46.02, if you knowingly, intentionally, or recklessly carry a handgun on your person, and you are younger than 21, have been convicted of a specific offense during the prior five-year period, are not licensed, and are not on your own premises or inside your own motor vehicle or watercraft, then you have committed an offense. Acts 2005, 79th Leg., Ch. 1927), Sec. Any rifle or shotgun altered so that the entire weapon is less than 26 inches long. 2, eff. September 1, 2019. September 1, 2005. 1935), Sec. 10.02, eff. September 1, 2005. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. (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. Acts 2021, 87th Leg., R.S., Ch. If you are convicted of UCW, you are facing a Class A misdemeanor, unless you were on-premises licensed to sell alcoholic beverages, which makes the UCW a third-degree felony. Sept. 1, 2001. So while you may have never intended to commit the offense of UCW, by possessing a handgun while committing an offense other than a traffic ticket, the officer can charge you with UCW. 3, eff. 11), Sec. 4, eff. 809 (H.B. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. In H.B. 1049 (H.B. September 1, 2009. 2, eff. 438 (S.B. 324 (S.B. September 1, 2005. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 809 (H.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1862), Sec. His knowledge of the law and willingness to ask the tough questions is impressive and refreshing. DEFINITIONS. (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. 2664), Sec. Conviction Rates for Handgun License Holders . Acts 2005, 79th Leg., Ch. June 20, 2003. What is the Punishment for Unlawful Carry of a Weapon in Texas? 910, 84th Texas Legislature, Section 51, H.B. 679 (H.B. 1049 (H.B. The UCW law was very different before September 1, 2021. (4) is displayed in a conspicuous manner clearly visible to the public. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1536), Sec. Thomas and Jordan did an excellent job with my case. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. September 1, 2019. 438 (S.B. (d) An offense under this section is a felony of the third degree. This includes a boat you own, as well as your motor vehicles. (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. Most UCW cases involve handguns, particularly those that intersect with DWI charges. 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. 998, Sec. 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) 318, Sec. According to Tex. Amended by Acts 1983, 68th Leg., p. 2962, ch. September 1, 2021. In addition to working as a criminal defense attorney, Isenberg is a former prosecutor and state district judge. September 1, 2019. Generally, Texans can carry in Texas if they meet the following requirements, Be at least 21 years old Not have a prior felony conviction for which the punishment ended in the last five years and even after five years only at the persons residence Not be a member of a criminal street gang Not have a conviction for family violence for which the punishment ended in the last five years Not be subject to a protective order Not be prohibited from carrying a firearm under federal law Not be intoxicated other than inside ones residence or inside ones vehicle. September 1, 2021. 1027 (H.B. 2, 3, eff. (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. 1927), Sec. (C) under the direct supervision of a parent or legal guardian of the person. (3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable. 25, eff. 46.041. Unlawful Carrying and Gun Laws Article. All Rights Reserved. Amended by Acts 1975, 64th Leg., p. 918, ch. 14, eff. 3(1), eff. TEXAS PENAL CODE. 1304, Sec. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1999. 17, eff. 24, eff. (3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means. DEADLY WEAPON IN PENAL INSTITUTION. 518 (S.B. Email Address Phone Number Tell us a little more about your case (optional). January 1, 2016. Acts 2021, 87th Leg., R.S., Ch. September 1, 2019. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 931, Sec. 1, eff. 421, Sec. MAPS AS EVIDENCE OF LOCATION OR AREA. COMPONENTS OF EXPLOSIVES. INTERSTATE PURCHASE. September 1, 2005. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. 5, eff. 2, eff. Sec. September 1, 2021. 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. 3, eff. 320, Sec. Penalties associated with a third-degree felony include: If you are a minor convicted of charges of possession of a location-restricted knife, this is a Class C misdemeanor. 325 (H.B. 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