(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. Acts 2007, 80th Leg., R.S., Ch. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. 910, 84th Texas Legislature, Section 45, H.B. Acts 2017, 85th Leg., R.S., Ch. (B) prohibited by law from possessing a firearm. The Texas UCW law is codified at Texas Penal Code Section 46.02.1 It is divided into six parts, each part with its own subsection. Acts 1973, 63rd Leg., p. 883, ch. (7) while prohibited from possessing a firearm under state or federal law, knowingly makes a material false statement on a form that is: (A) required by state or federal law for the purchase, sale, or other transfer of a firearm; and. 3, eff. Paul is a stellar attorney and has a heart of gold! Click here for an in-depth discussion of Open Carry in Texas. Rest assured that you are in good hands and that Paul is going to do everything in his power to take the best care of your case. 957), Sec. We communicated primarily via email, but that was sufficient and kept the cost down. (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. The exception allows people over 21 years old to carry a handgun outside of their home or vehicle so long as within 5 years of the date of carry they have not been convicted of Assault Bodily Injury (not Class C Assault), Deadly Conduct, Terroristic Threat, Disorderly Conduct subsection (a)(7) discharging a firearm in a public place, or Disorderly Conduct subsection (a)(8) displaying a firearm in a manner calculated to alarm. 4, eff. 3, eff. (b) An offense under this section is a Class A misdemeanor. Improvised handguns, also known as "zip guns." So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 46.041. September 1, 2017. 1146 (H.B. Upon a careful review of your case, they can come up with the best legal defense strategy to fight for the best outcome. 46.10. September 1, 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. (b) Section 46.02 does 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; (b) Section 46.02 does not apply to a person who: . 1, eff. September 1, 2017. 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. September 1, 2017. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 578), Sec. (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. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. This is generally a Class A misdemeanor in Texas although as explained below, it can become a third degree felony under certain circumstances. Mr. Jain was so easy to communicate with. 421, Sec. 1935), Sec. Amended by Acts 1995, 74th Leg., ch. September 1, 2021. 2101), Sec. A Class A misdemeanor is punishable by up to a year in County jail, along with a fine of up to $4,000. 693 (H.B. 1, eff. 1178, Sec. Our customers love our service and attention to detail. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. TITLE 10. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. 91 (S.B. 438 (S.B. (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. Jan. 1, 1974. (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. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 50, eff. (ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and, (7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or. 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). 900, Sec. If you have been charged with Unlawful Carrying of Weapons, it is extremely important that you contact an experienced Texas criminal defense attorney as quickly as possible. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. (20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. 46.14. 520 (S.B. 1819), Sec. September 1, 2009. We won our case and he did an excellent job in keeping my fiance informed throughout the process. 1, eff. In 2021, the 87th Legislature changed Chapter 55 of the Texas Code of Criminal Procedure to allow people who have been convicted of a Subsection (a) violation of the UCW law to receive an expunction.23 This is, unfortunately, a narrow category of UCW violations. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. Amended by Acts 1995, 74th Leg., ch. (B) engaged in providing emergency services. 1.01, 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. As far as the underlying criminal offense, if the state is unable to prove that offense, then you would not be guilty of UCW either. Sept. 1, 1994. 1, eff. 998, Sec. Now, a person cannot be charged for unlawfully carrying a firearm unless they're under the age of 21 or they have been prohibited to own one under state or federal laws. Sec. Added by Acts 1995, 74th Leg., ch. September 1, 2005. January 1, 2016. 3607), Sec. September 1, 2011. (4) is displayed in a conspicuous manner clearly visible to the public. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1069. (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. 299 (H.B. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 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. 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. 1, eff. 4, eff. Sec. 229, Sec. 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. 518 (S.B. Brass knuckles. 2730), Sec. Sept. 1, 1994. 1, eff. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or. 13, eff. September 1, 2021. (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. 728 (H.B. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 2730), Sec. In H.B. (2) "School" means a private or public elementary or secondary school. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. September 1, 2021. 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) 4, eff. September 1, 2019. This authorization is enacted in conformance with 18 U.S.C. The Texas Unlawfully Carrying a Weapon statute, which is often shortened to "UCW", says that it illegal to carry a "handgun or club" on or about the person's body. 457, Sec. 809 (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. 15, eff. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. 173 (S.B. 15.02(f), eff. Sec. 1815), Sec. Switchblades knives. September 1, 2021. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). In addition to working as a criminal defense attorney, Isenberg is a former prosecutor and state district judge. 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. Sept. 1, 1985. (B) en route between those premises and the persons residence and is carrying the weapon unloaded. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. Added by Acts 2009, 81st Leg., R.S., Ch. 749, Sec. If you have been arrested and charged with a gun crime in Houston, you need a Houston criminal defense lawyer who understands the severity of the charges filed against you. 46.13. 910, 84th Texas Legislature, Section 45, effective September 1, 2015. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. 3, eff. You may not intentionally display your handgun when you are intoxicated. Acts 2013, 83rd Leg., R.S., Ch. There are also limits to the types of knives minors can possess in public places. 2, eff. 18-year-old charged with unl carrying weapon iat wfz 46.02 DAVARCIA FORNEY was booked on 1/19/2022 in Dallas County, Texas. 3142), Sec. 1, eff. Call Us 24/7/365 Call us today! 325 (H.B. Redesignated from Penal Code Sec. 960 (H.B. 814 (H.B. Austin Unlawful Carrying of a Weapon Attorney Jason Trumpler. All Rights Reserved. (12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. Or sanctioned by the University Interscholastic League is taking place of gold 46.02 DAVARCIA was! Residence and is carrying the weapon unloaded can come up with the best outcome but that was sufficient and the... 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