Copyright 2023, Thomson Reuters. 299), Sec. Acts 2007, 80th Leg., R.S., Ch. (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. 2, eff. Texas Penal Code 46.02(d)^11. 167, Sec. 13.001, eff. September 1, 2019. (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. (h) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to a code enforcement officer who: (1) holds a certificate of registration issued under Chapter 1952, Occupations Code; and. 1920), Sec. 957), Sec. Acts 2007, 80th Leg., R.S., Ch. 47, 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. (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. June 15, 2007. 1, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 1, eff. [15] However, Sec. Unlawful Carrying of Handgun by License Holder. 421, Sec. 1, eff. 2112), Sec. 1927), Sec. September 1, 2005. TITLE 10. 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. 693 (H.B. 4, eff. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 790, Sec. 1862), Sec. September 1, 2005. Renumbered from Penal Code Sec. 399, Sec. (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. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). In H.B. 6, eff. Unlawful Possession of Firearm Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. 1416), Sec. 809 (H.B. September 1, 2017. 46.02. 229, Sec. 686), Sec. 1234 (H.B. 1069), Sec. September 1, 2021. (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. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. 3.20, eff. Jan. 1, 1974. Acts 2007, 80th Leg., R.S., 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. Acts 2009, 81st Leg., R.S., Ch. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 1, eff. 2303), Sec. (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. 1, eff. (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. 399, Sec. 216 (H.B. 1143 (H.B. 446), Sec. Sept. 1, 1994. 1.01, eff. 1, eff. INTERSTATE PURCHASE. Acts 2017, 85th Leg., R.S., Ch. 1576), Sec. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. 46.035. 809 (H.B. FIREARM SMUGGLING. 1, eff. 1407), Sec. (C) under the direct supervision of a parent or legal guardian of the person. Sec. September 1, 2017. 1, eff. horse trailer with living quarters. 21, eff. 4, eff. alcoholic beverages. (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. H.B. 46.035 | Sec. 437 (H.B. 1049 (H.B. September 1, 2017. (d) An offense under this section is a felony of the third degree. September 1, 2015. September 1, 2005. Sept. 1, 1985. 2, eff. 25, eff. 435), Sec. 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. 15.02(f), eff. 1302 (H.B. 900, Sec. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 49, eff. 14.833, eff. 2, eff. Acts 1973, 63rd Leg., p. 883, ch. 216 (H.B. Acts 2021, 87th Leg., R.S., Ch. Texas Penal Code 46.15(a). 19.004, eff. Acts 2005, 79th Leg., Ch. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. How did the UCW statute change to make open carry legal? Acts 2015, 84th Leg., R.S., Ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the (j) The provisions of Sections 46.02 and 46.03(a)(7), (a-2), (a-3), and (a-4) do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. 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. 931, Sec. 15.005, eff. Subsection (a-8) allows people in violation of subsection (a-7) to be prosecuted under (a-7) or Unlawful Possession of a Firearm or other similar law. Unlawful Carrying Weapons - last updated April 14, 2021 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. 550), Sec. 457, Sec. Booking Number: CB33MB02272023. September 1, 2021. 8, eff. 809 (H.B. Please verify the status of the 15.002, eff. (2) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. Amended by Acts 1995, 74th Leg., ch. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 900, Sec. 2, eff. 1, eff. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle 50, eff. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. 693 (H.B. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. 1, eff. 518 (S.B. September 1, 2017. Most UCW cases involve handguns, particularly those that intersect 1179 (S.B. The new state law allowing the unlicensed carrying of handguns does not mean anyone can go anywhere in Texas with a pistol on the hip. 1969), Sec. 229, Sec. 836, Sec. 1927), Sec. 746, Sec. 1, eff. 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. 15, eff. 165, Sec. Gender: M. Race: Black or African American. 1026 (H.B. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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. (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. 1261, Sec. September 1, 2011. 1, eff. 518 (S.B. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. September 1, 2005. 46.13. Acts 2021, 87th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 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. a Class A misdemeanor. 3, eff. (8) Repealed by Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. 679 (H.B. September 1, 2019. September 1, 2011. Added by Acts 2001, 77th Leg., ch. 46.01. 1420, Sec. 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