The current law also makes it illegal: (1) to carry a handgun in plain view in a public place unless the handgun is in a holster, (2) to carry a handgun in plain view inside a vehicle unless youre 21 (or if youre permitted) and the handgun is in a holster. 1, eff. Texas Penal Code 46.02^2. Acts 2017, 85th Leg., R.S., Ch. 746, Sec. 535), Sec. Sec. Sec. 1813), Sec. 13.02, eff. In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. 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. Webunl carrying weapon texas unl carrying weapon texas. September 1, 2021. 960 (H.B. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle Amended by Acts 1975, 64th Leg., p. 109, ch. 433, Sec. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. UNLAWFUL CARRYING WEAPONS. 3607), Sec. Added by Acts 1995, 74th Leg., ch. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation In addition, Texas law contains the following exemptions: Under Section 46.15(b)(6), the Unlawful Carrying Weapons offense does not apply to holders of a CHL, whether the weapon was concealed or, under the new Open Carry law passed in 2017, carried openly in a shoulder or belt holster (the words shoulder or belt were deleted in the 87th Legislature). 794 (S.B. 1.01, eff. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or. 2, eff. 46.07. 728 (H.B. September 1, 2005. 26(9), eff. 921 (H.B. September 1, 2019. (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. Amended by Acts 2001, 77th Leg., ch. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. 1, eff. Acts 2007, 80th Leg., R.S., Ch. (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. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. Acts 2019, 86th Leg., R.S., Ch. 4, eff. 4, eff. 3, eff. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. unl carrying weapon texas 27 Feb. unl carrying weapon texas. (a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly: (1) carries on or about his person a deadly weapon; or. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was: (1) carried in a holster by the license holder; or. September 1, 2021. 3, eff. 46.041. (a-7) A person commits an offense if the person: (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; and. 46.10 | Sec. 91 (S.B. 1815), Sec. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. 8, eff. September 1, 2005. (C) a member of a criminal street gang, as defined by Section 71.01. (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) "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. (b) Sections 46.02, 46.03(a)(14), and 46.04(a-1) do 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 actor's 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 person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view; (5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's 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 officer's weapon in plain view; or. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 998, Sec. 1.01, eff. 46.08. 216 (H.B. (e) It is a defense to prosecution under Subsection (a)(5) that the actor: (1) checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or. Southlake, Texas Linda Baker, Crime Reporter . 1027 (H.B. 16.004, eff. September 1, 2017. June 15, 2007. 13.001, eff. (ii) in a shoulder or belt holster;a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun; (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; (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. Sept. 1, 1997. (10) a person who is volunteer emergency services personnel if the person is: (A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and. that contains temporary living quarters and is designed to be towed by a motor vehicle. Globally, the same House Bill eliminated the word concealed from various places in the Penal Code (including Section 46.15) because, essentially, a concealed handgun permit now allows people to carry in a concealed and un-concealed manner. Acts 1973, 63rd Leg., p. 883, ch. An offense under Subsection (a-1), (b), or (c) is a Class A misdemeanor. (A) reasonably appears to be an explosive or incendiary device; or. 809 (H.B. 1179 (S.B. (a-4) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion. Sept. 1, 1997. 550), Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. September 1, 2017. 963 (S.B. Sec. 2, eff. September 1, 2019. Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 2018), Sec. 1, eff. August 1, 2016. H.B. 262, Sec. 2, eff. September 1, 2021. June 20, 1997; Acts 1997, 75th Leg., ch. 5, eff. Otherwise, (a-7) violations are punished as third-degree felonies. 749, Sec. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 1, eff. (a-1) A person 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 that is owned by the person or under the persons control at any time in which: (1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or, (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or. Acts 2013, 83rd Leg., R.S., Ch. 1178, Sec. Redesignated from Penal Code Sec. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. (g-2) An offense committed under Subsection (a)(8), (a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A misdemeanor. 3, eff. 26(8), eff. 324 (S.B. He has also developed groundbreaking innovations in defense strategies and tactics. 754, Sec. (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. 550), Sec. 1445, Sec. 1222 (H.B. Amended by Acts 1985, 69th Leg., ch. 1069), Sec. (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. (B) prohibited by law from possessing a firearm. 790, Sec. 931, Sec. 42, eff. (g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense: (1) is not designated by a law of this state as a felony; and. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. September 1, 2009. (2) exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun. January 1, 2016. 7, eff. 1, eff. September 1, 2005. 10.03, 31.01(70), eff. 25, eff. 642 (H.B. 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, 2021. Cite this article: FindLaw.com - Texas Penal Code - PENAL 46.02. 23, Sec. (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. 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. 62, Sec. 15.002, eff. Each subsection describes a different way to violate the law: subsections (a), (a-1), (a-4), (a-5), (a-6) and (a-7). 399, Sec. (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. Amended by Acts 1975, 64th Leg., p. 917, ch. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. 46.07 | Sec. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. 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