(2) the firearm or club is in plain view. Amended by Acts 1995, 74th Leg., ch. MAPS AS EVIDENCE OF LOCATION OR AREA. (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. (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 18, eff. Jan. 1, 1974. 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. September 1, 2007. Those wishing to view the lockers before storing weapons may visit UNLPD to assess storage needs. (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). 324 (S.B. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 2, eff. 1, eff. 168, Sec. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane 1, eff. (9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. 1, eff. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. Sept. 1, 1995. (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; (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 actors 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 persons duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment and is wearing the officers uniform and carrying the officers weapon in plain view; (5) acts as a personal protection officer and carries the persons security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the persons duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the persons 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 officers weapon in plain view; or. (2) does not contain all the elements of any offense designated by a law of this state as a felony. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. 900, Sec. 963 (S.B. 435), Sec. H.B. 1, eff. September 1, 2021. The term does not include 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. 2.07, eff. 1221, Sec. 578), Sec. Acts 2009, 81st Leg., R.S., Ch. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. 452, Sec. 1, eff. 438 (S.B. 1143 (H.B. (C) under the direct supervision of a parent or legal guardian of the person. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. September 1, 2013. This authorization is enacted in conformance with 18 U.S.C. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. UNLAWFUL POSSESSION OF FIREARM. 1935), Sec. 299), Sec. An offense under Subsection (a)(5) is a state jail felony. 8, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2021. Booking Date: 2/27/2023. 165, Sec. (B) prohibited by law from possessing a firearm. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the 15.004, eff. 62, Sec. 1.01, eff. Booking Number: CB33MB02272023. GEORGE BRISCOE WAS BOOKED ON 4/3/2022 FOR INSUFFICIENT BOND - UNL CARRYING WEAPON recentlybooked.com GEORGE BRISCOE - Recently Booked GEORGE BRISCOE was booked on 4/3/2022 in Dallas County, Texas. 873, Sec. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; Acts 2013, 83rd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is: (A) on the immediate premises where the activity is conducted; or. September 1, 2005. As I mentioned above, these are only three of the many possible defense strategies that we use. 552, Sec. Because of the complexity of the law, there are numerous ways to challenge these prosecutions. September 1, 2021. (a-1)A person commits an offense if the person intentionally, knowingly, or recklessly 1071, Sec. 2730), Sec. Amended by Acts 1983, 68th Leg., p. 2962, ch. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 435), Sec. 153 (S.B. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. Acts 2019, 86th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 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. 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). (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. 679 (H.B. September 1, 2017. 446), Sec. (4) "Premises" means a building or a portion of a building. 15.002, eff. (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. 473), Sec. Amended by Acts 1995, 74th Leg., ch. ucla environmental science graduate program; four elements to the doctrinal space superiority construct; woburn police scanner live. 957), Sec. (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. 14, eff. 998, Sec. 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) occurred during a time when the actor was engaged in an agricultural enterprise. 165, Sec. 5, eff. 1, eff. 15.002, eff. Acts 2021, 87th Leg., R.S., Ch. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. 26(10), eff. 1132), Sec. Sec. Arrest and booking photos are provided by law enforcement officials. 7, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. 1927), Sec. 318, Sec. 12, eff. WebTexas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. 852, Sec. 46.11. 15.005, 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. 1862), Sec. Sept. 1, 2003. Keller, Texas Linda Baker, Crime Reporter . 1, eff. 47, 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. Acts 2021, 87th Leg., R.S., Ch. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 1126 (H.B. January 1, 2016. Sept. 1, 1994. (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. 1049 (H.B. (C) under the direct supervision of a parent or legal guardian of the person. 13, eff. 22, eff. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 910), Sec. 920 (S.B. 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). 1060, Sec. 1, eff. H.B. 46.01. 900, Sec. 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, people who are traveling, hunters and fishermen, security officers, personal protection officers, CHL holders, alcoholic beverage permit holders, and law enforcement students under certain circumstances.[8]. 2.01, eff. Acts 2021, 87th Leg., R.S., Ch. September 1, 2011. 900, Sec. Renumbered from Penal Code Sec. Added by Acts 2001, 77th Leg., ch. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; In 2021, the Texas Legislature passed the constitutional carry law, which provided that people over 21 years old are generally able to carry a handgun outside of their home or vehicle without any permit. (f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense: (1) is designated by a law of this state as a felony; (2) contains all the elements of an offense designated by a law of this state as a felony; or. 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. Is Greg Abbott Committing the Texas Offense of Human Trafficking? 2300), Sec. 46.03 | Sec. 1, eff. 25, eff. 46.09. 554, Sec. 1, eff. 46.09 | Sec. 1177), Sec. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1, eff. September 1, 2021. Jan. 1, 1974. Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. His bond was set at $2,000. 399, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. September 1, 2017. 1488), Sec. Section 923. 535), Sec. 262, Sec. 1815), Sec. Age: 33. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 3, eff. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. (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. 46.07 and amended by Acts 1993, 73rd Leg., ch. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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. September 1, 2019. Of course, there are still some places where weapons are not allowed. (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. Acts 1973, 63rd Leg., p. 883, ch. Subsection (a-5) makes it illegal to intentionally carry a handgun in plain view in a public place unless the handgun is in a holster. [6] This Nonapplicability statute has undergone significant changes in each legislative session since 2005. 3167), Sec. (4) is displayed in a conspicuous manner clearly visible to the public. 5, eff. 1234 (H.B. Sept. 1, 1983. 1, eff. 1069. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. 1199 (H.B. 1815), Sec. 693 (H.B. 794 (S.B. 6, eff. Acts 2005, 79th Leg., Ch. September 1, 2005. 6, eff. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. Sept. 1, 1991; Renumbered from Penal Code Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (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. 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