795, Sec. Booking Date: 2/27/2023. 25, eff. (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.". 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). Five separate bills were passed in the 2021 legislative session that changed this law, effective September 1, 2021: H.B. September 1, 2019. 1.01, eff. Acts 2021, 87th Leg., R.S., Ch. 1927, H.B. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch.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. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 2, eff. September 1, 2005. September 1, 2011. (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. 16, eff. (n) The defense provided by Subsection (m) does not apply if: (1) a sign described by Subsection (o) was posted prominently at each entrance to the premises or other property, as applicable; or. (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; (2) on the premises of a polling place on the day of an election or while early voting is in progress; (3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court; (5) in or into a secured area of an airport; (6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that: (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or. (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. (C) under the direct supervision of a parent or legal guardian of the person. September 1, 2011. 46.11 by Acts 1993, 73rd Leg., ch. He was booked into the jail at 2:45 a.m. and charged with Unlawfully Carrying a Weapon, Driving While Intoxicated, and Reckless Driving. (a-2) Notwithstanding Section 46.02(a-5), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person: (1) on the premises of an institution of higher education or private or independent institution of higher education; or. 229, Sec. 1027 (H.B. Subsection (a-6) makes it illegal to carry a handgun while intoxicated unless youre in your own property or property that you have consent to be in, inside of or own your way to your own vehicle or a vehicle which you have consent to be in. (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. 1, eff. Sec. 62, Sec. 438 (S.B. 1, eff. (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. 754, Sec. 10.04, eff. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. 910, 84th Texas Legislature, Section 51, effective January 1, 2016^14. 554), Sec. (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. Acts 2005, 79th Leg., Ch. 273), Sec. So the exceptions that applied to concealed handguns now generally apply to both concealed and visible handguns. September 1, 2009. 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 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. 17, eff. (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. September 1, 2019. 1, eff. 1927), Sec. 22, eff. 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. Acts 2017, 85th Leg., R.S., Ch. 1, eff. Acts 2015, 84th Leg., R.S., Ch. September 1, 2007. 1, eff. 437 (H.B. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. 4, eff. 10.02, eff. Acts 2007, 80th Leg., R.S., Ch. 320, Sec. (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. 435), Sec. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. 2, eff. The exception allows people over 21 years old to carry a handgun outside of their home or vehicle so long as within 5 years of the date of carry they have not been convicted of Assault Bodily Injury (not Class C Assault), Deadly Conduct, Terroristic Threat, Disorderly Conduct subsection (a)(7) discharging a firearm in a public place, or Disorderly Conduct subsection (a)(8) displaying a firearm in a manner calculated to alarm. 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. 3, eff. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the person's control; or. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 1983, 68th Leg., p. 4831, ch. Jan. 1, 1974. For the purposes of the carry laws, the Texas Penal Code defines weapons as: Clubs such as nightsticks and 593 (S.B. 299 (H.B. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 10.02, eff. (d) An offense under Subsection (a-4) is a Class C misdemeanor. Otherwise, (a-7) violations are punished as third-degree felonies. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1, eff. September 1, 2007. 446), Sec. 1093 (H.B. 1, eff. 399, Sec. September 1, 2019. Acts 2013, 83rd Leg., R.S., Ch. (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 licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or. WebA person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05 (Prohibited Weapons) (a): 46, Sec. (b)Except as provided by Subsection (c) or (d), an offense under this section is Sept. 1, 1991. August 1, 2016. 1188), Sec. Sept. 1, 1995. June 20, 1997; Acts 1997, 75th Leg., ch. (b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. 318, Sec. WebUNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FA 0 0 0.0000% UNL CARRY WEAPON/WEAPONS FREE ZONE 6 0 0.0000% "Total Convictions in Texas" includes all convictions reported to the state criminal history repository for the offense during the calendar year for individuals age 21 or over. 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