(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. Amended by Acts 1997, 75th Leg., ch. 852, Sec. Sept. 1, 1983; Acts 1987, 70th Leg., ch. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. If you are arrested for a DWI and you have a handgun in your car, you could be faced with a UCW arrest under (a-1). Section 922(b)(3)(A). Straight probation is also allowed to be imposed by both the judge and jury. 1278 (H.B. 2018), 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, 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. Acts 2007, 80th Leg., R.S., Ch. 3(1), eff. Sec. (C) a member of a criminal street gang, as defined by Section 71.01. 3, eff. September 1, 2007. (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. 14, eff. (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. unl carrying weapon texas 27 Feb. unl carrying weapon texas. (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, (A) on the persons own premises or premises under the persons control; or. 10.02, eff. 399, Sec. (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. 386, Sec. [16] This is, unfortunately, a narrow category of UCW violations. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 15.02(g), eff. (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. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, DPS Releases New Sex Offender Deregistration Eligibility List, Federal Sentencing Guidelines: Proposed Updates for 2023. 325, Sec. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. Acts 1973, 63rd Leg., p. 883, ch. (b) An offense under this section is a felony of the third degree. 46.05 | Sec. 852, Sec. 25), Sec. September 1, 2021. (a-2)For purposes of this section, premises includes real property and a recreational vehicle that is being used as living quarters, September 1, 2019. 46.01 | Sec. Sept. 1, 1994. 836, Sec. The criminal street gang provisions were removed from the UCW offense in the 87th Legislature, effective September 1, 2021. The Texas UCW law is codified at Texas Penal Code Section 46.02. 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. 1488), Sec. (2) possesses or conceals a deadly weapon in the penal institution. 852, Sec. 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. 320, Sec. 1813), Sec. 3, eff. (2) possesses or carries an instrument used specifically for deterring an animal bite while the officer is: (B) traveling to or from a place of duty. 324 (S.B. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 46.01. 693 (H.B. 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. 25, eff. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. H.B. 1, eff. September 1, 2019. September 1, 2021. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. Acts 2017, 85th Leg., R.S., Ch. 17.001(62), eff. 50, eff. 957), Sec. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. (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. (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. 3607), Sec. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1995, 74th 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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (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. 15.005, eff. (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. on water, used or capable of being used for transportation on water. 437 (H.B. 14.833, eff. September 1, 2019. 3, eff. 910), Sec. First, House Bill 910 amended subsection (a-1)(1) of the UCW law by adding 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 as an exception to the plain view type of UCW violation.[12]. Please verify the status of the 1143 (H.B. Sept. 1, 1987. 167, Sec. 1416), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 4, eff. Sept. 1, 1995. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Acts 2021, 87th Leg., R.S., Ch. (b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person's release from confinement following conviction of the misdemeanor; 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; (B) prohibited by law from possessing a firearm; or. 1303), Sec. 16, eff. 438 (S.B. 8, eff. Also note that your CHL can be suspended if you are convicted of certain misdemeanor and felony offenses. September 1, 2015. 1.01, eff. September 1, 2021. Unlawful Carrying of Handgun by License Holder. Booking Number: CB33MB02272023. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. H.B. Acts 2011, 82nd Leg., R.S., Ch. (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. (4) the person is not prohibited by state or federal law from possessing a firearm. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 2, eff. (C) under the direct supervision of a parent or legal guardian of the person. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person 3, eff. unl carrying weapon texas 27 Feb. unl carrying weapon texas. In the State of Texas, it is perfectly legal to keep a loaded gun in ones car without needing a license to carry as long as the person who does so is not prohibited from possessing a gun for any reason. 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