Acts 2019, 86th Leg., R.S., Ch. 435), Sec. 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. FIREARM SMUGGLING. May 30, 2009. The punishment provisions were updated to reflect that UCW violations of (a-7) would be either second or third degree felonies. 1146 (H.B. (2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education. Acts 2017, 85th Leg., R.S., Ch. 5.01(a)(47), eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1983, 68th Leg., p. 4831, ch. 318, Sec. 976 (H.B. (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. (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. 960 (H.B. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. 1, eff. He has also developed groundbreaking innovations in defense strategies and tactics. 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). Texas Penal Code Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. 22, eff. The UCW law also prohibits people under 18 years old from possessing location-restricted knives outside of their homes unless theyre under adult supervision. 13, eff. 1, eff. (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. 4, eff. 913), Sec. 1927. 4, eff. Unlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. 5, eff. His approachable personality made it simple for me to relate my problem; there were briefing and counseling for me and my husband, and the money our opponent wanted from us did not play into his hands. 1179 (S.B. If you are arrested or charged for Unlawful Carrying of a Weapon, call our team of criminal defense attorneys for representation at 817-203-2220 or contact us online. 52030025 proh weapon 46.05(e) pc f3 52030027 unl carrying weapon 46.02(b) pc ma 52030028 unl carry weapon knife school/edu related 46.03(g-1) pc f3 52030029 unl carrying weapon prohibited places 46.03(g) pc f3 52030030 deadly weapon in penal institution 46.10(d) pc f3 52030031 proh weapon iat wfz 46.05 46.11(a) pc f2 (2) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. I received good advice, was kept informed, and got the outcome I had hoped for. 2, eff. 900, Sec. September 1, 2009. (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. (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 or other qualified retired law enforcement officer, as defined by 18 U.S.C. 554, Sec. 15.02(f), eff. 1927), Sec. 25, eff. 1.01, eff. 2303), Sec. This law limits Texans to possessing handguns only when: Even in their own vehicle, a person in Texas cannot have a handgun in plain view unless they have a carry permit and they secure their handgun in a shoulder or belt holster. Acts 2007, 80th Leg., R.S., Ch. 2664), Sec. A Class A misdemeanor is punishable by up to a year in County jail, along with a fine of up to $4,000. June 20, 2003. 26(10), eff. 1889), Sec. © 2023 Site Name. September 1, 2009. (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. 17.001(62), eff. Jan. 1, 1974. 3(2), eff. 299 (H.B. 15.004, eff. Section 922(b)(3)(A). 3, eff. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. License holders cannot carry a handgun into a business that gets 51% or more of its income from alcohol, or into government meetings generally, if the license holder is intoxicated, in a correctional facility, hospital, or a church, or in an amusement park. 15.002, eff. 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 Penal Code 46.02 unlawful carrying weapons means: if. 399, Sec. (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. Acts 2013, 83rd Leg., R.S., Ch. You may not intentionally display your handgun in a public place unless the handgun is in a holster. 20.002, eff. So while you may have never intended to commit the offense of UCW, by possessing a handgun while committing an offense other than a traffic ticket, the officer can charge you with UCW. Sept. 1, 1991. Acts 2015, 84th Leg., R.S., Ch. 6, eff. 7, eff. 46.11 by Acts 1993, 73rd Leg., ch. January 1, 2016. (2) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. Also, under the 2021 law changes, it no longer is necessary to have a permit to carry openly so long as the handgun is in a holster (unless one of the other UCW subsections apply). Acts 2007, 80th Leg., R.S., Ch. Sec. 1069), Sec. 790, Sec. September 1, 2015. Acts 2007, 80th Leg., R.S., Ch. Saputo Law Firm is a top notch firm! Randall B. Isenberg Managing Partner/Owner, Leah S. Lucius Senior Associate Attorney. Amended by Acts 1975, 64th Leg., p. 918, ch. September 1, 2017. Paul is a stellar attorney and has a heart of gold! As former prosecutors, our lawyers understand the position that District Attorneys Offices often take on these types of cases and how to best evaluate your options. 7, eff. As I mentioned above, these are only three of the many possible defense strategies that we use. I cant thank him enough for everything hes done, aif you need a true lawyer that will actually fight for you, dont think twice before getting Paul Saputo, the best criminal defense lawyer out there! 399, Sec. Amended by Acts 1995, 74th Leg., ch. 910, 84th Texas Legislature, Section 53, Texas Code of Criminal Procedure Chapter 42A, Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, Expunctions for UCW Convictions: 2021 Legislative Update. (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. An offense under Subsection (a)(5) is a state jail felony. (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. September 1, 2015. (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. Sept. 1, 2003. 52020001 PC 46.035(A,B,C,D,E) UNL CARRY HANDGUN LIC HOLD 52020002 PC 46.035(B-1)(B-2) UNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FAC 52020005 PC 46.035(g) UNL CARRY HANDGUN LIC HOLDER 3167), Sec. (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. 3.20, eff. Sec. 446, 86th Texas Legislature, Section 1, effective September 1, 2019, 4 H.B. 1813), Sec. Acts 1973, 63rd Leg., p. 883, ch. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or, (A) an official school function is taking place; or. 1221, Sec. 1819), Sec. CommunicationRead More. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. 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. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2021. 1536), Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 1304, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor's possession of a handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless: (1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and. I felt after speaking with him I was in good hands with a capable attorney and confident I woild be represented well. 342, Sec. Available 24/7 | Se Habla Espaol, Texas Penal Code Ch 46.02 Unlawful Carrying Weapons, If you face charges of unlawful carrying weapons, consult with a. . 23.001(78), eff. I recommend this law firm. 46.035. Acts 2021, 87th Leg., R.S., Ch. 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