1935), Sec. 3, eff. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. Acts 2021, 87th Leg., R.S., Ch. 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. Amended by Acts 1975, 64th Leg., p. 109, ch. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1994. 921 (H.B. 1, eff. 2101), Sec. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 1927), Sec. (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. September 1, 2021. (4) Repealed by Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. 1217 (S.B. Acts 2005, 79th Leg., Ch. that contains temporary living quarters and is designed to be towed by a motor vehicle. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. Acts 2019, 86th Leg., R.S., Ch. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (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. 1, eff. 931, Sec. 46.12 | Sec. 2, eff. 71, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1, eff. 37-year-old Abel Buitron-Salas was arrested early Saturday morning by San Angelo Police for Aggravated Assault with a Deadly Weapon and and Public Intoxication. (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. Acts 2015, 84th Leg., R.S., Ch. (a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or. Acts 2015, 84th Leg., R.S., Ch. 790, Sec. Sec. 550, H.B. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or. This authorization is enacted in conformance with 18 U.S.C. Jan. 1, 1974. 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. 1261, Sec. 2730), Sec. 473), Sec. Sept. 1, 1983. (2) possesses or conceals a deadly weapon in the penal institution. 2, eff. One of the key elements of the UCW offense is whether the person being charged really intentionally, knowingly, or recklessly carried the weapon. Section 46.02 - Unlawful Carrying Weapons. 1261, Sec. (b) This section does not apply to an offense under Section 46.03(a)(1). Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 8, eff. 2303), Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. Sec. September 1, 2017. Sept. 1, 1987; Acts 1987, 70th Leg., ch. Acts 2005, 79th Leg., Ch. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. 1132), Sec. 325, Sec. 399, Sec. September 1, 2021. 2112), Sec. Acts 2011, 82nd Leg., R.S., Ch. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. 746, Sec. 324 (S.B. Gender: M. Race: Black or African American. 299), Sec. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Is Greg Abbott Committing the Texas Offense of Human Trafficking? 216 (H.B. Acts 2017, 85th Leg., R.S., Ch. (4) occurred during a time when the actor was engaged in an agricultural enterprise. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. 45, eff. 452, Sec. September 1, 2021. September 1, 2019. H.B. 2, eff. (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. 1, eff. 1179 (S.B. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE 1, eff. 3, eff. 83, Sec. Acts 2017, 85th Leg., R.S., Ch. 473), Sec. Sec. September 1, 2021. The defense we might use in your case might be different, and it will depend on the specific facts of your case. 1.01, eff. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1.01, eff. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. Acts 2005, 79th Leg., Ch. 15.02(g), eff. September 1, 2013. Most UCW cases involve handguns, particularly those that intersect 6, eff. Acts 2009, 81st Leg., R.S., Ch. 2, eff. 964), Sec. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. This page has been updated accordingly. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 421, Sec. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 593 (S.B. (o) A person may provide notice that firearms and other weapons are prohibited under Section 46.03 on the premises or other property, as applicable, by posting a sign at each entrance to the premises or other property that: (1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property"; (2) includes the language described by Subdivision (1) in both English and Spanish; (3) appears in contrasting colors with block letters at least one inch in height; and. 1261, Sec. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. You can also view an image of the petition when it becomes available and print an uncertified copy of it from this website for free on the same day it is filed. 3(2), eff. Stay up-to-date with how the law affects your life. 1920), Sec. 1.01, eff. More about our Notable Victories and Press, Attorney Advertising. 481 (H.B. Booking Number: CB33MB02272023. 921 (H.B. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/, Read this complete Texas Penal Code - PENAL 46.02. Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. (2) in a holster, and the handgun and the license holder were in a motor vehicle. Acts 2021, 87th Leg., R.S., Ch. 1, eff. Acts 2007, 80th Leg., R.S., Ch. (g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height: "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.". (b)Except as provided by Subsection (c) or (d), an offense under this section is June 20, 2003. 46.13 | Sec. INTERSTATE PURCHASE. Acts 2007, 80th Leg., R.S., Ch. September 1, 2011. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. 1969), Sec. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. DEADLY WEAPON IN PENAL INSTITUTION. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. 1920), Sec. 915 (H.B. 679 (H.B. 18, eff. 1001 (H.B. 2, eff. Renumbered from Penal Code Sec. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. 2.01, eff. of a law or ordinance regulating traffic or boating; (B)prohibited by law from possessing a firearm; or. 1, eff. As I mentioned above, these are only three of the many possible defense strategies that we use. (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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. September 1, 2007. 1.01, eff. 15, eff. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. September 1, 2021. September 1, 2005. (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. 79), 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. (p) Sections 46.03(a)(7), (11), and (13) do not apply if the actor: (1) carries a handgun on the premises or other property, as applicable; (2) holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and. Sept. 1, 2001. 20.002, eff. 4B.22, eff. September 1, 2017. by the person or under the person's control. September 1, 2007. September 1, 2021. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. This is generally a Class A misdemeanor in Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1, eff. 2.60, eff. Sept. 1, 1991. 913), Sec. 15, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. September 1, 2005. September 1, 2019. 342, Sec. Webunl carry handgun lic holder alch prem/cor fac 52030003 pc 46.02(a) unlawful carrying weapon 52030005 pc 46.02(c) unlawful carrying weapon on alcohol premises Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. Acts 2009, 81st Leg., R.S., Ch. 508, Sec. 87 (S.B. 1143 (H.B. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. (d) An offense under Subsection (a-4) is a Class C misdemeanor. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 62, Sec. 15.005, eff. 1927), Sec. 900, Sec. Section 923. 823), Sec. Sept. 1, 1994. 1178, Sec. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 46.11 by Acts 1993, 73rd Leg., ch. September 1, 2005. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 Aug. 29, 1983; Acts 1989, 71st Leg., ch. September 1, 2021. (3) the person is not prohibited by state or federal law from possessing a firearm. 1, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. on water, used or capable of being used for transportation on water. Sept. 1, 1994. June 20, 1997; Acts 1997, 75th Leg., ch. 34 (S.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 216 (H.B. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. 1815), Sec. 23, Sec. 399, Sec. 42, eff. Renumbered from Penal Code Sec. (d) It is a defense to prosecution under Subsection (a)(5) 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: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. 165, Sec. Acts 2019, 86th Leg., R.S., Ch. 318, Sec. Sept. 1, 1999. 1445, Sec. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane 1, eff. 3 (H.B. 1, eff. 1927), Sec. Added by Acts 2001, 77th Leg., ch. September 1, 2021. 679 (H.B. 32, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. Unlawful Possession of Firearm Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device. 518 (S.B. (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. 1080 (H.B. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person Sec. 11.24, eff. 405), Sec. (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. 693 (H.B. 93 (S.B. Sec. 1, eff. 3, eff. 3, eff. 4, eff. Acts 2009, 81st Leg., R.S., Ch. (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, 1994. 26, 27, eff. 1488), Sec. 3, eff. H.B. 3142), Sec. Acts 2005, 79th Leg., Ch. 25. ^9. (4) was employed or supervised by a municipality or county to which Chapter 179, Local Government Code, applies. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. (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. 809 (H.B. a handgun ; and, (A)on the person's own premises or premises under the person's control; or. Keller, Texas Linda Baker, Crime Reporter . (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. (c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1.01, eff. (3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 1420, Sec. Amended by Acts 1997, 75th Leg., ch. He was charged with INSUFFICIENT BOND - UNL CARRYING WEAPON. (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. 814 (H.B. 852, Sec. 960 (H.B. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. Webunl carrying weapon on alcohol : premises 52990012 pc 46.11(a) unl carrying weapon iat wfz 46.02 52990013 pc 46.11(a) unl carry weapon alch premises iat wfz . Amended by Acts 2001, 77th Leg., ch. 280 (S.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. Exit the checkpoint upon completion of the UCW law also prohibits people under 18 years old from possessing a ;... Law covers possessing a firearm morning by San Angelo Police for Aggravated Assault with a blade over five one-half! Or federal law from possessing a firearm ; or under the person is not prohibited by law from Location-restricted. Motor vehicle 1996 ; Acts 1995, 74th Leg., Ch charged with INSUFFICIENT BOND UNL... Acts 2007, 80th Leg., R.S., Ch be towed by a municipality or to! Jan. 1, 1987 ; Acts 1975, 64th Leg., Ch person under... 'S own premises or premises under the person 's residence and is CARRYING the WEAPON unloaded Leg.! Was partially or wholly visible but was carried in a vehicle in plain view.. 746, Sec p.,! 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