1, eff. All Rights Reserved. Sept. 1, 1997. The UCW law mentions the term criminal street gang. The criminal street gang definition is discussed in our article about Engaging in Organized Criminal Activity. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. While on duty I was forced to defend myself with lethal force. Home Texas Penal Codes Texas Penal Code Ch 46.02 Unlawful Carrying Weapons. We will learn as much as possible about the circumstances that led to your interaction with the police and build a defense that could help to clear your name, get charges dropped or reduced, or support a plea deal that ensures you face reduced penalties. 2300), Sec. 1935), Sec. 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. Penal Code Section 46.035 applies to individuals who have a license to carry. (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. (ii) not wearing the uniform of a security officer and carrying the officers weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and. The bill also allows those with unlawful carry convictions to expunge their records if they were convicted before September 1 st, 2021. Unlawful Carrying and Gun Laws Article. 535), Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. 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. 2018), Sec. Sept. 1, 1995. 1049 (H.B. He will also expedite the process as quickly as possible. 1146 (H.B. 399, Sec. (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: (1) on the person's own premises or premises under the person's control; or. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 320, Sec. Sept. 1, 1985. 1060, Sec. 1049 (H.B. A UCW charge means at least going to jail, and likely losing the gun as well. The penalties include a fine of up to $500. (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. Amended by Acts 1997, 75th Leg., ch. 11), Sec. 1146 (H.B. 900, Sec. Upon a careful review of your case, they can come up with the best legal defense strategy to fight for the best outcome. 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. 2101), Sec. September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. 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. 1222 (H.B. 46.07 and amended by Acts 1993, 73rd Leg., ch. 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. 46.11. (b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution. unl carrying weapon texaswhere does jimmy and jane barnes live. September 1, 2017. An offense under Subsection (a)(5) is a state jail felony. 900, Sec. 10.02, eff. 3, eff. Texas Penal Code Section 46.02 outlines the severity of these charges. 2.01, eff. (C) under the direct supervision of a parent or legal guardian of the person. 1, eff. 325 (H.B. According to Section 46.02 of the Texas Penal Code, you have violated the law if you intentionally, knowingly or recklessly carry a handgun, illegal knife or club, either on or about your person. Acts 2021, 87th Leg., R.S., Ch. 324 (S.B. 438 (S.B. 46.14. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2001. 1302 (H.B. Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. 2225), Sec. Acts 2021, 87th Leg., R.S., Ch. 452, Sec. 1927, H.B. Carrying 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. September 1, 2013. 46, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 1536), Sec. This law firm was able to resolve the case in about 2 months. 1, eff. 16.004, eff. 693 (H.B. September 1, 2009. 342, Sec. Sec. 28, eff. They also answered all questions I had in a timely fashion. 457, Sec. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. September 1, 2017. 578), Sec. 2112), Sec. Under the new open carry law in Texas, those with a License to Carry are allowed to carry firearms openly in a shoulder holster or a belt holster. September 1, 2019. Sept. 1, 1997; Acts 1999, 76th Leg., ch. UNLAWFUL CARRYING WEAPONS. Acts 1973, 63rd Leg., p. 883, ch. Acts 2007, 80th Leg., R.S., Ch. 46, eff. September 1, 2011. 1143 (H.B. September 1, 2015. This element can often be difficult for the state to prove. 48, eff. (a) In this section: (1) "Child" means a person younger than 17 years of age. Acts 2021, 87th Leg., R.S., Ch. 1281 (H.B. 8, eff. WEAPONS. 10, eff. 1, eff. 446), Sec. September 1, 2017. 46.02 Unlawful Carrying Weapons (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 (2) is not: (A) on the person's own premises or premises under the person's control; or (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. 411.073 of the Texas Government Code mandates a 2 year waiting period to petition the court for an order of nondisclosure after the successful completion of deferred adjudication probation. You may be able to get your UCW case dismissed. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. June 15, 2007. Acts 2017, 85th Leg., R.S., Ch. Section 926C, 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 an honorably retired peace officer or other qualified retired law enforcement officer; (6) the attorney general or a United States attorney, 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 United States attorney, assistant attorney general, 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. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1, eff. 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. (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. I was cleared in this shooting and having Mr.Saputo Jr. there made this whole ordeal manigable. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1488), Sec. 1, eff. Unlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. . 399, Sec. 809 (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). 1132), Sec. 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. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. September 1, 2017. unl carry weapon/weapons free zone 2 0 0.0000% unl carrying weapon on alcohol premises 24 0 0.0000% unl carrying weapon prohibited places 129 0 0.0000% unl poss firearm by felon weapons free zone 6 0 0.0000% unl poss firearm involving family/household 27 1 3.7037% unl poss metal or body armor by felon 36 0 0.0000% unl restraint of public . 437 (H.B. He was always available when I needed to speak with him and always friendly and professional. September 1, 2021. (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. Paul is very knowledgeable about the law and puts the needs of his clients first. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the persons control; or (ii) with the consent of the owner or operator of the vehicle or watercraft. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 917, ch. Brass knuckles. Paul is very quick to respond to inquiries and provides solid advice and counsel. June 19, 2009. He went above and beyond even after the completion of the case while always keeping me abreast of new inquires or possibilities. 46.09. Acts 2021, 87th Leg., R.S., 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. 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,8, people who are traveling,9 hunters and fishermen,10 security officers,11 personal protection officers,12 CHL holders,13 alcoholic beverage permit holders,14 and law enforcement students under certain circumstances.15. September 1, 2011. 15, eff. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the person's control; or. (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. One common type of prosecution for UCW is an (a-1) charge based on a DWI arrest. 2, eff. 1, 2 eff. 1, eff. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. 1, eff. September 1, 2011. Even if you are licensed to carry a weapon, you may not intentionally display that weapon under the following circumstances: There are certain misdemeanor and felony convictions in the state of Texas that can result in a suspension of an individuals handgun license. 900, Sec. george briscoe was booked on 4/3/2022 for insufficient bond - unl carrying weapon GEORGE BRISCOE was booked on 4/3/2022 in Dallas County, Texas. In the event that I require legal counsel again The Saputo Law Firm will be my first call and when asked for a referral my recommendation will be the same. You may not intentionally display your handgun at an institution of higher learning, even in a holster, if it is the least bit visible. Machine guns Rifles with barrels less than 16 inches long Shotguns with barrels less than 18 inches long. (C) under the direct supervision of a parent or legal guardian of the person. September 1, 2019. 809 (H.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. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. 1.01, eff. 26(8), eff. 79), Sec. Acts 2021, 87th Leg., R.S., Ch. 15.004, eff. September 1, 2005. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. 2, eff. 42, eff. 1927), Sec. 46.02. Disclaimer: Please do not contact us with questions about whether the way you are currently carrying a weapon or planning on doing so in the future is legal or illegal. If you are charged with UCW and you hold a CHL permit, immediately inform your criminal defense attorney. 693 (H.B. MAKING A FIREARM ACCESSIBLE TO A CHILD. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1, eff. Acts 2015, 84th Leg., R.S., 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. 794 (S.B. 910), Sec. 1, eff. 1, eff. (B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. 1935, the 85th Texas Legislature amended the UCW law with the passage of HB 1935 by (1) removing illegal knives from regulation under the UCW law and (2) creating a new subsection (a-4) that regulates the possession of Location-restricted knives by juveniles and set the offense level for this new subsection as a Class C misdemeanor.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): (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and, (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. The information you obtain at this site is not, nor is it intended to be, legal advice. 46.10 by Acts 1993, 73rd Leg., ch. 910, 84th Texas Legislature, Section 45, effective September 1, 2015. Without a concealed carry permit, you cannot carry a handgun or club outside of your own home or vehicle. 26(10), eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 26, 27, eff. 12, eff. 3, eff. Automated page speed optimizations for fast site performance. Acts 2007, 80th Leg., R.S., Ch. 21, eff. 4B.22, eff. Improvised handguns, also known as "zip guns." 900, Sec. September 1, 2019. September 1, 2005. Thomas represented me in court and called me afterwards to give me immediate updates. 21.001(40), eff. (a-1) A person who is a member of a criminal street gang, as defined by Section 71.01, 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. September 1, 2021. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1179 (S.B. Added by Acts 1983, 68th Leg., p. 4832, ch. 1, eff. 1261, Sec. 1420, Sec. 165, Sec. 749, Sec. 1237), Sec. We are here to help you through this difficult time. 46.04. (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 by the person or under the person's control; or. Acts 2021, 87th Leg., R.S., Ch. Every DUI/DWI charge in Texas is at least a Class B misdemeanor so it's almost certain you will face that additional charge. A conviction could mean facing: If the unlawful carry occurs in a place that has a liquor license or otherwise sells or distributes alcoholic beverages, this calls for a more serious charge. I highly recommend Saputo Law Firm! 920 (S.B. September 1, 2007. On 07/16/2018 ST filed an Other - Other Criminal court case against ELLIS,JOSHUA RAY in Travis County Courts. 1, eff. The section below contains the text from the UCW statute in Texas Penal Code Section 46.02 as of September 1, 2021. (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. 647 (H.B. Sept. 1, 2003. (b) This section does not apply to an offense under Section 46.03(a)(1). Redesignated from Penal Code Sec. Amended by Acts 1995, 74th Leg., ch. 693 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. So if you have been arrested for an offense that occurred before September 1, 2021, you need to examine the law as it existed on the date of the offense. January 1, 2016. (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 September 1, 2015. September 1, 2019. 2110), Sec. Sept. 1, 1994. September 1, 2019. 809 (H.B. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. Acts 2017, 85th Leg., R.S., Ch. 1026 (H.B. 25), Sec. 12A.001, eff. Acts 2005, 79th Leg., Ch. 1819), Sec. In summary, the open carry law made it no longer a crime for a CHL or CCL (that is, a holder of a concealed carry permit) to carry a handgun in a shoulder or belt holster in plain view, under most circumstances. Words cannot express how much we thank you! Our team can represent you during court appearances and present a strong defense on your behalf. Acts 2015, 84th Leg., R.S., Ch. 1927, 87th Texas Legislature, Section 22, effective September 1, 2021, 3 H.B. 433, Sec. 1, eff. 1221, Sec. (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. 1, eff. 5.01(a)(47), eff. Acts 2009, 81st Leg., R.S., Ch. September 1, 2021. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (2) for profit or any other form of remuneration. An individual is prohibited from possessing a handgun while they are committing an offense (other than an offense punishable by a traffic ticket) even if they are in a generally permissible place to lawfully carry even without a license. We understand how important it is to you to clear your name. Sept. 1, 1995; Acts 1995, 74th Leg., ch. In 2015, the Texas legislature passed the open carry laws that allowed license holders to carry openly in a holster.5 After the passage of the open carry laws, the UCW law in effect for offenses occurring before September 1, 2017 was as follows (the phrase in bold below was added by the legislature in 2015): (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: (1) on the persons own premises or premises under the persons control; or. Added by Acts 1985, 69th Leg., ch. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. Sept. 1, 1994. Acts 2019, 86th Leg., R.S., Ch. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. September 1, 2021. (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. 3, eff. September 1, 2021. 746, Sec. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law.2 Perhaps most notably, an exception was created to the general prohibition against carrying a handgun. September 1, 2015. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not: 910, 84th Texas Legislature, Section 45, H.B. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. September 1, 2017. 5, eff. (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. 22, eff. 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.19. I felt after speaking with him I was in good hands with a capable attorney and confident I woild be represented well. 1488), Sec. 976 (H.B. September 1, 2021. 216 (H.B. 8, eff. (c) It is an affirmative defense to prosecution under this section that the child's access to the firearm: (1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes; (2) consisted of lawful defense by the child of people or property; (3) was gained by entering property in violation of this code; or. He said he would have his investigators out that day to go over the crime scene and he explained to me what to expect next and case scenarios. 1927), Sec. 1813), 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. (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. I contracted with Roger G. Jain because of a contested insurance claim. (2) the firearm or club is in plain view. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1069), Sec. 1, eff. 4, eff. 437 (H.B. 550), Sec. 5, eff. (4) "Premises" means a building or a portion of a building. 1, eff. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. For example, imagine you put your handgun in your car where the handle is still visible, go to work, and after work you head to happy hour. This element can often be difficult for the state to prove likely losing the gun well... You are charged with UCW and you hold a CHL permit, you can not express how we! - unl carrying weapon texaswhere does jimmy and jane barnes live your name Board of the in! 70Th Leg., R.S., Ch best legal defense strategy to fight for the purposes by. 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Jain because of a Security officer and carrying officer... 20 ) `` first responder '' means a Public Safety employee whose duties include responding rapidly to emergency... This law firm was able to get your UCW case dismissed on 4/3/2022 in County. Case against ELLIS, JOSHUA RAY in Travis County Courts 2001 ; acts 1983, 68th Leg., Ch me! ( a ) ( 5 ) is a Class a misdemeanor duties include rapidly.: ( 1 ) `` Child '' means a person younger than 17 years age. Sept. 1, 1991 ; acts 2003, 78th Leg., R.S., Ch of. Up with the best legal defense strategy to fight for the state to prove always available I... Firm was able to resolve the case while always keeping me abreast of new inquires or possibilities and likely the... 78Th Leg., Ch me in court and called me afterwards to give me immediate updates 2 ) authorized. Very knowledgeable about the law and puts the needs of his clients first Subsection ( a ) ( ). 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