So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. 1935), Sec. Acts 2021, 87th Leg., R.S., Ch. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). September 1, 2021. 6, eff. September 1, 2017. 2303), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1, eff. 165, Sec. Amended by Acts 1975, 64th Leg., p. 109, ch. 2, eff. Acts 2005, 79th Leg., Ch. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. 1, eff. (16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. September 1, 2005. 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. 1969), Sec. September 1, 2009. (b) An offense under this section is a felony of the third degree. 1, eff. 494, Sec. (2) possesses or conceals a deadly weapon in the penal institution. 1, eff. 262, Sec. H.B. (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. [16] This is, unfortunately, a narrow category of UCW violations. Sept. 1, 1985. 4170), Sec. 1.01, eff. ^1. Sept. 1, 1991; Renumbered from Penal Code 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. 964), Sec. TITLE 10. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1927), Sec. 10.04, eff. 399, 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. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. (12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. Sept. 1, 1991. Sept. 1, 1994. 399, Sec. Aug. 29, 1983; Acts 1987, 70th Leg., ch. (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. Sept. 1, 1994. 920 (S.B. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. Acts 2005, 79th Leg., Ch. 494, Sec. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. (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. 836, Sec. 1935), Sec. (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. 1221, 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. 2, eff. 2, eff. Under the current law, Texas Penal Code Section 46.15 exempts many people from the applicability of both the current and prior versions of the UCW law. (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. Sept. 1, 1994. (d) An offense under Subsection (a-4) is a Class C misdemeanor. (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. 13.001, eff. (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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 8, eff. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. Subsection (a-7) of the UCW law covers people prohibited from possessing a firearm under the Unlawful Possession of a Firearm law in Texas. September 1, 2021. Sept. 1, 2003. The Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. Sec. 23.001(78), eff. September 1, 2021. 749, Sec. (f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is: (1) provided by the Texas Commission on Law Enforcement; or. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. Sept. 1, 1997. 46.09 by Acts 1993, 73rd Leg., ch. Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, Section 46.15(d) exempts a public security officer employed by the adjutant general from prohibitions on the carrying of a firearm, Section 46.15(e) exempts the carrying of a bowie knife or sword in a historical demonstration or in a ceremony (and beginning September 1, 2017, pursuant to H.B. August 1, 2016. 809 (H.B. 16, eff. September 1, 2021. 910, 84th Texas Legislature, Section 45, effective September 1, 2015^6. 399, Sec. 593 (S.B. 809 (H.B. 1815), Sec. 62, Sec. 46.01 | Sec. 16, eff. (C) under the direct supervision of a parent or legal guardian of the person. 62, Sec. 10.02, eff. Sept. 1, 1995. 46.04 | Sec. (2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. Acts 2017, 85th Leg., R.S., Ch. (4) is displayed in a conspicuous manner clearly visible to the public. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Prior Results Do Not Guarantee a Similar Outcome. 2, eff. 3167), Sec. Sept. 1, 2003. 1969), Sec. 15.003, eff. (d) The provisions of Section 46.02 prohibiting the carrying of a firearm do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. September 1, 2009. 910, 84th Texas Legislature, Section 45, H.B. 46.10 by Acts 1993, 73rd Leg., ch. 2, eff. 1143 (H.B. 5, eff. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. 3607 and H.B. September 1, 2011. 1.01, eff. 342, Sec. Acts 2005, 79th Leg., Ch. 46.08 by Acts 1993, 73rd Leg., ch. 229, Sec. 900, Sec. September 1, 2019. 1889), Sec. 976 (H.B. Acts 2021, 87th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (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. We explore the UCW law and how it has changed in more detail below. 21.001(40), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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. September 1, 2019. UNLPD office and storage are located in the 17th and "R" Street parking garage (300 N 17th Street). (ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and, (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; or. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 1, eff. Sept. 1, 1994. The term does not include a baggage claim area, a motor vehicle parking area used by passengers, employees, or persons awaiting an arrival, or an area used by the public to pick up or drop off passengers or employees. 749, Sec. 325 (H.B. 26(9), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. (3) the person is not prohibited by state or federal law from possessing a firearm. 299 (H.B. September 1, 2019. Arrest and booking photos are provided by law enforcement officials. 1, eff. 467 (H.B. 15, eff. Acts 2019, 86th Leg., R.S., Ch. (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. 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