Sec. 1278 (H.B. 324 (S.B. 1488), Sec. Amended by Acts 2001, 77th Leg., ch. Unlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. 693 (H.B. If you are in one of the following situations, you could face charges for unlawful possession of a firearm. 14.833, eff. Acts 2015, 84th Leg., R.S., Ch. 46.07 and amended by Acts 1993, 73rd Leg., ch. June 20, 1997; Acts 1997, 75th Leg., ch. (e) An offense under Subsection (a) is a felony of the third degree. Acts 2017, 85th Leg., R.S., Ch. 7, eff. (b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person's release from confinement following conviction of the misdemeanor; or. 960 (H.B. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 4B.21, eff. 399, Sec. (b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree. HOAX BOMBS. September 1, 2009. (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. This is a third degree felony with punishment of … (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, (A) on the person's own premises or premises under the person's control; or. 25), Sec. September 1, 2019. (h) The provisions of Sections 46.02 and 46.03 prohibiting the possession or carrying of a club do not apply to a code enforcement officer who: (1) holds a certificate of registration issued under Chapter 1952, Occupations Code; and. 931, Sec. (c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. This chapter, "Weapons," discusses criminal offenses related to carrying, buying, and selling firearms. 3142), Sec. 693 (H.B. Copyright © 2020, Thomson Reuters. September 1, 2019. Sept. 1, 2003; Acts 2003, 78th Leg., ch. FCC Again Rejects Net Neutrality Even as Controversy Reignites. If you’ve been convicted of a felony cases within the past five years or released from felony probation or parole, and less than five years have lapsed, it is illegal to possess a firearm. (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. 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. September 1, 2005. 1, eff. OFFENSES AGAINST PROPERTY. 50, eff. 1, eff. UCW for a person under 18 possessing a knife more than 5.5 inches is a … 2018), Sec. 814 (H.B. 1146 (H.B. Anybody who has been charged with unlawfully carrying a handgun or other weapon in Harris County or any surrounding area of Texas, it is important to understand that there often numerous defenses available in these cases. Sept. 1, 1994. (B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. 437 (H.B. 920 (S.B. Acts 2017, 85th Leg., R.S., Ch. Sec. September 1, 2005. 4, eff. (f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. 1048 (H.B. 10.02, eff. 46.05 and amended by Acts 1993, 73rd Leg., ch. Acts 2015, 84th Leg., R.S., Ch. MAPS AS EVIDENCE OF LOCATION OR AREA. 155 (H.B. In other words, under Texas law, a felon may not possess a firearm in the first five years after they’ve been convicted of … Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 976 (H.B. (19) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. January 1, 2016. (3) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law. 3.20, eff. Jan. 1, 1974. September 1, 2017. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 399, Sec. 1, eff. September 1, 2007. 520 (S.B. 790, Sec. 446), Sec. 4B.22, eff. 15.002, eff. 318, Sec. Unlawful Possession of a Firearm. (15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. 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. (b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). 552, Sec. 4, eff. 873, Sec. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio; (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or. Under Section 46.04 of the Texas Penal Code, Unlawful Possession of a Firearm, a person commits this offense if he or she possess a firearm: After being convicted of a felony, and before the fifth anniversary of the defendant’s release from confinement, mandatory supervision, or supervision under community supervision. In some cases, unlawful possession of a firearm is considered a felony of the third degree. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sept. 1, 1983. (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. 31.03. (C) under the direct supervision of a parent or legal guardian of the person. 10, eff. 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 person's 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. 17, eff. (4) the person is not prohibited by state or federal law from possessing a firearm. 435), Sec. 2.79; Acts 1991, 72nd Leg., ch. ★ Unlawful possession of a firearm sentence: Add an external link to your content for free. 1, eff. 21, eff. After the five year period, a convicted … Acts 2017, 85th Leg., R.S., Ch. This charge carries a fine of up to $4000 and one year in jail. Acts 2013, 83rd Leg., R.S., Ch. About Unlawful Possession of a Firearm Cases. Our weapons allow us to protect ourselves, our homes and properties, and most importantly, our families. Sept. 1, 1999; Acts 1999, 76th Leg., ch. September 1, 2019. (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 shoulder or belt 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. 823), Sec. 342, Sec. It is unlawful to display a firearm in a public place in a manner calculated to alarm. (5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. September 1, 2019. Acts 2015, 84th Leg., R.S., Ch. Acts 1973, 63rd Leg., p. 883, ch. Unlawfully carrying a firearm or club is a Class A misdemeanor: Unless the state's attorneys committed on "premises licensed to sell alcoholic beverages" which makes it a third degree felony. (10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. (h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was: (1) an active judicial officer, as defined by Section 411.201, Government Code; or. Acts 2019, 86th Leg., R.S., Ch. UNLAWFUL POSSESSION OF FIREARM. Texas culture may give high regard to an individual’s right to own a gun, but all good things have limits that have to be respected. 1, eff. 17, eff. 508, Sec. September 1, 2017. The state of Texas has laws in place that help to prevent people from possessing weapons, such as firearms, if they have convictions on their records. June 15, 2007. Acts 2005, 79th Leg., Ch. 216 (H.B. 216 (H.B. At The Law Office of Matthew D. Sharp we can assist persons who are charged with criminal possession of weapons including handguns or knives, possession with intent to unlawfully use a weapon, aggravated discharge, criminal sale, or any other weapons violation. In this chapter: (1) "Deception" means: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; September 1, 2017. 1, eff. (C) a member of a criminal street gang, as defined by Section 71.01. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. INTERSTATE PURCHASE. These restrictions may be ordered as part of conditions of probation. September 1, 2019. Sept. 1, 1985. Renumbered from Penal Code Sec. 1261, Sec. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. So if you’re charged with unlawful possession or if you’ve been charged with a felony, please don’t hesitate to contact us. 1049 (H.B. 1060, Sec. 921 (H.B. (4) occurred during a time when the actor was engaged in an agricultural enterprise. 438 (S.B. Acts 1973, 63rd Leg., p. 883, ch. THEFT. Acts 2005, 79th Leg., Ch. Renumbered from Penal Code Sec. 900, Sec. Unlawful possession of a firearm charge typically results in a Class A misdemeanor. Texas Unlawful Carrying of Firearm Defenses. 3, eff. Acts 2005, 79th Leg., Ch. 3(2), eff. 15.002, eff. September 1, 2009. 1178, Sec. Austin Unlawful Carrying of a Weapon Attorney Jason Trumpler. September 1, 2017. (j) Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. Sept. 1, 1991. (m) It is a defense to prosecution under Subsections (b) and (c) that the actor is volunteer emergency services personnel engaged in providing emergency services. (c) A person, other than a peace officer, as defined by September 1, 2005. There are a few surefire defense strategies designed to help persons charged with Unlawful Possession of a Firearm in our arsenal which Emily Detoto will employ should they apply to your circumstances. Acts 1973, 63rd Leg., p. 883, ch. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. (b) This section does not apply to an offense under Section 46.03(a)(1). Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. (17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. Amended by Acts 1987, 70th Leg., ch. 1221, Sec. 457, Sec. 3(2), eff. 1488), Sec. September 1, 2017. (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. 1935), Sec. Acts 2009, 81st Leg., R.S., 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. We recommend using Sept. 1, 1995. Jan. 1, 1974. 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