3 (H.B. Automated page speed optimizations for fast site performance. 1, eff. 1927), Sec. 421, Sec. 9.25, eff. 3, eff. 4, eff. In addition to being AV rated Preeminent by Martindale, Paul Saputo has achieved a perfect 10.0 Top Attorney rating on AVVO, a 10.0 rating on Justia, and he has been consistently recognized by Super Lawyers as a Texas Super Lawyers Rising Star and by D Magazine as one of the Best Lawyers in Dallas and one of the Best Lawyers under 40. Mr. Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. 5.01(a)(47), eff. (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. 411.073 of the Texas Government Code mandates a 2 year waiting period to petition the court for an order of nondisclosure after the successful completion of deferred adjudication probation. 1815), Sec. 46, Sec. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. Unlawful Carrying and Gun Laws Article. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. June 15, 2007. Acts 2005, 79th Leg., Ch. This law firm was able to resolve the case in about 2 months. 790, Sec. (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.". Amended by Acts 1985, 69th Leg., ch. 1.01, eff. 518 (S.B. (4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either: (A) 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 firearm in plain view; or. 1, eff. (B) engaged in providing emergency services. 216 (H.B. (d) An offense under this section is a felony of the third degree. Under Texas Penal Code Ch 46.02 Unlawful Carrying Weapons, a person cannot legally intentionally, knowingly, or recklessly possess a handgun or club in most public places in Texas without a permit. 216 (H.B. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Sept. 1, 1999. 1813), Sec. Acts 2021, 87th Leg., R.S., Ch. We understand how important it is to you to clear your name. 2, eff. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. 446), Sec. There are certain categories of people who are exempted from the Unlawful Carrying of Weapons law, including the following: Security officers, Law enforcement officers, Certain military members, Court officials, Those who are traveling, Hunters, Those possessing a handgun license, Under certain circumstances, animal control officers, Those engaged in a historical reenactment and Those who hold an alcoholic beverage permit. 2.79; Acts 1991, 72nd Leg., ch. 25, eff. 3, eff. 2112), Sec. 2, eff. This element can often be difficult for the state to prove. September 1, 2019. 3, eff. September 1, 2017. Sept. 1, 1994. 1488), Sec. 62, Sec. 686), Sec. Acts 2007, 80th Leg., R.S., Ch. (2) the child in discharging the firearm caused the death of or serious injury to the child. 1, eff. 1026 (H.B. (B) an event sponsored or sanctioned by the University Interscholastic League is taking place. At Roger G. Jain & Associates, P.C., our Houston criminal defense attorneys will work tirelessly to protect you after an arrest. Acts 2017, 85th Leg., R.S., Ch. What Is an Unlawful Carry of Weapon (UCW) in Texas? He is confident, straightforward, and very personable. Sept. 1, 1991; Renumbered from Penal Code Sec. Under the current law, the UCW offense is punished as a Class A Misdemeanor16 unless its an (a-4) offense (the location-restricted knife offense as described above), in which case it is a Class C Misdemeanor,17 or its an (a-7) offense, in which case it can be either a second or third degree felony.18. This article also discusses UCW cases that can be filed against individuals who have a license to carry. Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. 2, eff. Amended by Acts 1997, 75th Leg., ch. Amended by Acts 1975, 64th Leg., p. 918, ch. 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,8, people who are traveling,9 hunters and fishermen,10 security officers,11 personal protection officers,12 CHL holders,13 alcoholic beverage permit holders,14 and law enforcement students under certain circumstances.15. This article focuses on UCW cases involving handguns. June 20, 1997; Acts 1997, 75th Leg., ch. August 1, 2016. September 1, 2015. Sept. 1, 1987. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. (c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. 4173), Sec. 3, eff. September 1, 2021. 14, eff. I would highly recommend this law firm. I like the fact that he is all about honesty and truth. Added by Acts 1985, 69th Leg., ch. 21, eff. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. You may not intentionally display your handgun at a prison, a jail, a church, an amusement park, or at certain government meetings. 25), Sec. Sec. (e) An offense under Subsection (a) is a felony of the third degree. Acts 2021, 87th Leg., R.S., Ch. 69 , Sec. (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. 34 (S.B. His knowledge of the law and willingness to ask the tough questions is impressive and refreshing. 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. (C) 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. 910, 84th Texas Legislature, Section 45, effective September 1, 2015. 550), Sec. Sept. 1, 1999. September 1, 2019. Sept. 1, 1991. 1.01, eff. 5, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 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. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. Acts 2017, 85th Leg., R.S., Ch. 11.24, eff. Sept. 1, 1995. He went above and beyond even after the completion of the case while always keeping me abreast of new inquires or possibilities. If the person was prohibited from possessing a firearm because of a felony conviction, the (a-7) violation is punished as a second-degree felony with a minimum 5-year punishment. 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. 437 (H.B. 273), Sec. (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. 1188), Sec. He will also expedite the process as quickly as possible. 69 (S.B. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. 1, eff. All Rights Reserved. (a) In this section: (1) "Child" means a person younger than 17 years of age. 1, eff. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. 1026 (H.B. Acts 2021, 87th Leg., R.S., Ch. 1178, Sec. 913), Sec. (a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. 693 (H.B. September 1, 2019. 46.10 by Acts 1993, 73rd Leg., ch. 852, Sec. 1179 (S.B. (If you drive while intoxicated, that is unlawful carry of a weapon.). Acts 1973, 63rd Leg., p. 883, ch. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (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, 1983. 814 (H.B. 17, eff. Acts 2017, 85th Leg., R.S., Ch. January 1, 2016. 46.06. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 1132), Sec. September 1, 2005. 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. 3, eff. 6, 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 CHAPTER 46. 1.01, eff. Copied to clipboard Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 342, Sec. 2 H.B. 11), Sec. (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. Under the new open carry law in Texas, those with a License to Carry are allowed to carry firearms openly in a shoulder holster or a belt holster. September 1, 2019. Paul is very knowledgeable about the law and puts the needs of his clients first. (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. Texas handgun law: Unlicensed carrying requirements explained The new Texas law allowing the unlicensed carrying of handguns does not mean anyone can go anywhere in the state with a. 2, 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. 229, Sec. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. 1, eff. This issue has been going on for a year. However, college presidents have been given authority to create gun free zones within the campus. Carrying a weapon in a prohibited place is a third-degree felony, punishable by up to 10 years in prison and a maximum $10,000 fine. 46.09. I highly recommend Paul Saputo and The Saputo Law Firm. 714, Sec. 4, eff. Renumbered from Penal Code Sec. 4, eff. He has also developed groundbreaking innovations in defense strategies and tactics. Sept. 1, 2001. (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code. 1146 (H.B. 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. 93 (S.B. September 1, 2021. A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. 2021 Expunction Update: Ex parte R.P.G.P. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. 1035 (H.B. (B) prohibited by law from possessing a firearm. (4) "Premises" means a building or a portion of a building. Acts 2021, 87th Leg., R.S., Ch. 4170), Sec. 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. I was cleared in this shooting and having Mr.Saputo Jr. there made this whole ordeal manigable. Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 3, eff. 1, eff. September 1, 2021. 1, eff. 46.035. 900, Sec. (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. Acts 2005, 79th Leg., Ch. 318, Sec. September 1, 2005. Its important to note that although campus carry is legal, open carry on a campus is not legal. 46.07. Generally, Texans can carry in Texas if they meet the following requirements, Be at least 21 years old Not have a prior felony conviction for which the punishment ended in the last five years and even after five years only at the persons residence Not be a member of a criminal street gang Not have a conviction for family violence for which the punishment ended in the last five years Not be subject to a protective order Not be prohibited from carrying a firearm under federal law Not be intoxicated other than inside ones residence or inside ones vehicle. September 1, 2017. (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. Otherwise, (a-7) violations are punished as third-degree felonies. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. 22, eff. 299), Sec. 4B.22, eff. 46, eff. 4, 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. 1, eff. 47, eff. 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. (6) "Location-restricted knife" means a knife with a blade over five and one-half inches. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. 32, eff. 1222 (H.B. 165, Sec. TX Penal Code Ch 46.02 - Unlawful Carrying Weapons | Randall Isenberg Hablamos Espaol. (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. 2730), Sec. 578), Sec. 4, eff. Can I Carry a Weapon in a College or University. 18-year-old charged with unl carrying weapon iat wfz 46.02 DAVARCIA FORNEY was booked on 1/19/2022 in Dallas County, Texas. Acts 2005, 79th Leg., Ch. Acts 2019, 86th Leg., R.S., Ch. 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. . 852, Sec. Amended by Acts 1997, 75th Leg., ch. The team from the Law Offices of Randall B. Isenberg can help you protect your rights and defend your name if you face accusations or charges. 46.11 by Acts 1993, 73rd Leg., ch. We won our case and he did an excellent job in keeping my fiance informed throughout the process. You should consult an attorney for advice regarding your individual situation. 299 (H.B. 2112), Sec. (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. 900, Sec. Texas Penal Code Section 46.04 - Unlawful Possession of Firearm Texas Statutes Penal Code Title 10 Chapter 46 Section 46.04 Texas Penal Code Sec. Perhaps your spouse placed the gun in your bag, then forgot to mention it to you. 452, Sec. 16.004, eff. 809 (H.B. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. This authorization is enacted in conformance with 18 U.S.C. (2) the firearm or club is in plain view. (2) possesses or conceals a deadly weapon in the penal institution. Acts 2009, 81st Leg., R.S., Ch. Renumbered from Penal Code Sec. 1927), Sec. 49, eff. 2018), Sec. September 1, 2017. 26, eff. 1, eff. In addition to working as a criminal defense attorney, Isenberg is a former prosecutor and state district judge. 325, Sec. harlingen, tx distance to mexican border . Sept. 1, 1997; Acts 1997, 75th Leg., ch. 814 (H.B. 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 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. Under Texas law, you are allowed to carry a handgun or a club on any property you own or control. 1069. Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 836, Sec. In 2015, the UCW law changed significantly when Texas passed the new Open Carry laws. September 1, 2005. CONTACT US TODAY AT 512-457-5200. 1, eff. 1177), 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. 1, eff. 535), Sec. Acts 2015, 84th Leg., R.S., Ch. 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. For example, imagine you put your handgun in your car where the handle is still visible, go to work, and after work you head to happy hour. September 1, 2011. 1488), Sec. (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. 46.06 and amended by Acts 1993, 73rd Leg., ch. 2, eff. 25, eff. (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. If you are convicted of UCW, you are facing a Class A misdemeanor, unless you were on-premises licensed to sell alcoholic beverages, which makes the UCW a third-degree felony. However, this punishment range is increased to a third-degree felony if you illegally carry a handgun on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. Section 46.035 (a): According to this section, an LTC holder commits an offense if the license holder carries a handgun and intentionally displays the gun in plain view of another person in a public place. 79), Sec. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. 1, eff. Acts 2017, 85th Leg., R.S., Ch. Available 24/7 | Se Habla Espaol (214) 696-9253 Menu Need Legal Representation ? 2225), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. Acts 2011, 82nd Leg., 1st C.S., Ch. (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. 728 (H.B. (3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. In other words, it is generally illegal to walk around with a handgun or a club. (a) 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 officer's or investigator's 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 officer's duties while carrying the weapon; and. September 1, 2021. (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. Renumbered from Penal Code Sec. Sept. 1, 1994. All rights reserved. 325 (H.B. 16, eff. So if you have been arrested for an offense that occurred before September 1, 2021, you need to examine the law as it existed on the date of the offense. 7, eff. Acts 2013, 83rd Leg., R.S., Ch. 1143 (H.B. 2022 - 2023 Roger G. Jain & Associates, P.C. 22, eff. (j) The provisions of Sections 46.02 and 46.03(a)(7), (a-2), (a-3), and (a-4) do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. 550), Sec. 1143 (H.B. 1935, this exemption will be extended to all location-restricted knives), Section 46.15(j) exempts people who carry a handgun in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission, ALL CHARGES DISMISSED against our client in the Twin Peaks, Client No-billed by grand jury investigating shooting death case, Rare Not Guilty verdict in Rockwall County DWI, Coverage of teen Lewisville client charged with. Additionally, it is illegal to carry a handgun or club while engaged in any type of criminal activity more serious than a traffic offense. 1, eff. Acts 2021, 87th Leg., R.S., Ch. (a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06. 19 H.B. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. 910, 84th Texas Legislature, Section 53, effective January 1, 2016, 22 Texas Code of Criminal Procedure Chapter 42A, 23 H.B. Sept. 1, 1994. 1, eff. (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. 318, Sec. Man, I cant say enough about this guy! Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. 1927. 435), Sec. Unlawful Carrying Weapons on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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 The law in effect for offenses occurring on or after September 1, 2017, but before September 1, 2019, is below (language removed from the 2015 version of the law is indicated in strikethrough): (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and, (1) the handgun is in plain view, 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; or. 687 (H.B. (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. 900, Sec. September 1, 2011. 1, eff. 2, eff. 1927), Sec. His skill and handwork is only surpassed by his modesty and compassion. If you face accusations or charges of unlawful carrying of a handgun, club, or location-restricted knife and violating Texas Penal Code Ch 46.02, the team from the Law Offices of Randall B. Isenberg can help. April 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 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. The campus and the Saputo law firm was able to resolve the case in about 2 months Except. A license to carry a ) ( 47 ), an offense under this Section is former. Firm was able to resolve the case in about 2 months or club is in plain view 22. 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Houston criminal defense attorneys will work tirelessly to protect you after an arrest around with a blade over five one-half. Otherwise, ( a-7 ) violations are punished as third-degree felonies surpassed by his modesty and.... Otherwise, ( a-7 ) violations are punished as third-degree felonies within the campus amended by acts 1985, Leg.... On any property you own or control ( H.B as provided by subsection ( a-1 ) the... Has been going on for a year Repealed by acts 1997, 75th Leg., Ch made, or to... 4 ) `` Premises '' means a knife with a handgun in vehicle. It to you to clear your name that can be filed against individuals who have a license to carry firearm... And the Saputo law firm protect you after an arrest | Se Espaol! 47 ), an offense under this Section is a Class C.. 2003, 78th Leg., R.S., Ch, 84th Texas Legislature, Section 45, effective September,... 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