324 (S.B. 26, 27, eff. 469 (H.B. 46.11 by Acts 1993, 73rd Leg., ch. Added by Acts 1995, 74th Leg., ch. This Texas law prohibits those people, described in … Acts 2005, 79th Leg., Ch. 16.004, eff. TITLE 7. June 15, 2007. This chapter, "Weapons," discusses criminal offenses related to carrying, buying, and selling firearms. 1536), Sec. (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. 15.02(g), eff. September 1, 2009. September 1, 2015. 1278 (H.B. (b) A person who has been convicted of an offense under (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 Chapter 7A, 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. 438 (S.B. (g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree. It also defines firearms and other types of weapons. (9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. 1, eff. September 1, 2017. Sept. 1, 1987. (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. September 1, 2007. 1, eff. (2) the firearm or club is in plain view. 964), Sec. 1, eff. (C) under the direct supervision of a parent or legal guardian of the person. 46.09 by Acts 1993, 73rd Leg., ch. September 1, 2005. Sept. 1, 1991. (g) Except as provided by Subsection (g-1), an offense under this section is a felony of the third degree. 299 (H.B. September 1, 2017. 46.03. The term does not include a temporary protective order issued before the court holds a hearing on the matter. 1.01, eff. Jan. 1, 1974. Article 17.292 or Chapter 7A, Code of Criminal Procedure, Read this complete Texas Penal Code § 46.04. 4, eff. According to Texas Penal Code 12.21, unlawful possession of a firearm charge typically triggers a Class A misdemeanor, which carries a prison sentence up to one year and/or a fine that cannot exceed $4,000. (2) the child in discharging the firearm caused the death of or serious injury to the child. (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. (b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence: (2) left the firearm in a place to which the person knew or should have known the child would gain access. Here's a rundown of Texas' gun laws. 1221, Sec. (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. 4456), Sec. 749, Sec. 1, eff. (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. (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. 15.002, eff. 87 (S.B. June 20, 1997; Acts 1997, 75th Leg., ch. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later;  or. (d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 318, Sec. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 155 (H.B. It is unlawful to display a firearm in a public place in a manner calculated to alarm. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. September 1, 2005. Section 926C, 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 an honorably retired peace officer or other qualified retired law enforcement officer; (6) the attorney general or a United States attorney, 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 United States attorney, assistant attorney general, 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. 1, eff. 2110), Sec. September 1, 2009. 1, eff. Texas has some of the most lenient firearm laws in the country. 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. 3(2), eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 4, eff. (b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility. 437 (H.B. September 1, 2017. 15, eff. 399, Sec. 2730), Sec. 1222 (H.B. (j) The provisions of Section 46.02 prohibiting the carrying of a handgun 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. 3, eff. Acts 1973, 63rd Leg., p. 883, ch. What Is the Punishment for Unlawful Possession of a Firearm in Texas? 900, Sec. 1, eff. 46.08 by Acts 1993, 73rd Leg., ch. 324 (S.B. September 1, 2017. 15.002, eff. 1, eff. January 1, 2016. 728 (H.B. 17, eff. Acts 2005, 79th Leg., Ch. (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 or other qualified retired law enforcement officer, as defined by 18 U.S.C. 446), Sec. Added by Acts 1983, 68th Leg., p. 4831, ch. 4, eff. A convicted felon, who is found in possession of a firearm before the completion of five years from … This Texas law prohibits those people, described in … Under Texas Penal Code §§ 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. 1, eff. Sept. 1, 1997. 1, eff. September 1, 2005. 1, eff. 1969), Sec. Conviction carries … 446), Sec. 1.01, eff. Acts 2019, 86th Leg., R.S., Ch. Unlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. 435), Sec. (2) does not contain all the elements of any offense designated by a law of this state as a felony. This authorization is enacted in conformance with 18 U.S.C. 1126 (H.B. September 1, 2007. 23.001(78), eff. Unlawful possession of a firearm is when an individual that falls under these restrictions is found in possession of a firearm. (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. 1488), Sec. 5.01(a)(46), eff. 1488), Sec. 693 (H.B. 3370), Sec. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. 320, Sec. Amended by Acts 1975, 64th Leg., p. 917, ch. In Texas, unlawful possession of a firearm will usually be considered a Class A misdemeanor. August 1, 2016. PLACES WEAPONS PROHIBITED. September 1, 2017. (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; or. 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. 23, Sec. Acts 2009, 81st Leg., R.S., Ch. September 1, 2013. 47. September 1, 2007. Sept. 1, 1997; Acts 1997, 75th Leg., 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. 794 (S.B. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (2) for profit or any other form of remuneration. 435), Sec. 467 (H.B. 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; Acts 2005, 79th Leg., Ch. 1935), Sec. THEFT. Acts 2017, 85th Leg., R.S., Ch. Punishment for unlawful possession is two to 10 years in prison and/or $10,000 fine. 1, eff. Section 1.07 January 1, 2016. 5. To apply for a CHL: 9.25, eff. (e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area. Acts 2019, 86th Leg., R.S., Ch. 10.02, eff. The term does not include a traffic control device that: (A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and. 3 (H.B. (d) In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 46.11. 3142), Sec. 910), Sec. (h) It is a defense to prosecution under Subsection (a)(4) 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 a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if: (1) the actor is wearing a distinctive uniform; and. 852, Sec. 31.01. Microsoft Edge. 324, Sec. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 46.14. (2) at the actor's residence or place of employment. September 1, 2013. (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. 3, eff. 1815), Sec. DEFINITIONS. 18, eff. (B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited. Sept. 1, 2001. 1, eff. Possession of a Firearm by a Convicted Felon Charges in Texas. 4, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. (B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. To contact The Law Office of Emily Detoto send us a message via contact form or call us direct, at 713-227-2244. (a-1) Notwithstanding Subsection (a), 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: (a-2) Notwithstanding Subsection (a) or Section 46.03(a), 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. (6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. Acts 2007, 80th Leg., R.S., Ch. September 1, 2019. We recommend using 32, eff. 28, eff. 1, eff. (4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm. Sept. 1, 1991; Renumbered from Penal Code Sec. 25, eff. 10.03, 31.01(70), eff. 3, eff. September 1, 2007. (h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (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. 679 (H.B. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? 2, eff. 216 (H.B. Jan. 1, 1974. (h-1) It is a defense to prosecution under Subsections (b)(1), (2), (4), and (5) and (c) that at the time of the commission of the offense, the actor was: (1) a judge or justice of a federal court; (2) an active judicial officer, as defined by Section 411.201, Government Code; or. 913), 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. Acts 2017, 85th Leg., R.S., Ch. or Chapter 85, Family Code, under 1, eff. Acts 2015, 84th Leg., R.S., Ch. 13.02, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 14, eff. Sept. 1, 1995. Unlawful possession of a firearm is generally punishable as a Class A misdemeanor in Texas, carrying a potential sentence of up to one year in jail or fines up to $4,000. (2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education. 3(1), eff. 1, eff. 1, eff. Posted on May 10, 2018 11:04am PDT . Texas citizens are proud of their right to bear arms – it’s a right that many residents take seriously. Unlawfully possessing a firearm in Texas is a serious charge that can carry prison or jail time. 15.005, eff. 1237), Sec. 473), Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. 2, eff. September 1, 2007. Sept. 1, 1985. Acts 2015, 84th Leg., R.S., Ch. , 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 TITLE 10. Sec. Sept. 1, 1995. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 165, Sec. September 1, 2011. So if you’re charged with unlawful possession or if you’ve been charged with a felony, please don’t hesitate to contact us. June 20, 2003. September 1, 2011. 433, Sec. (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. (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. June 15, 2007. 399, Sec. (f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and. August 1, 2016. (3) is punishable by confinement for one year or more in a penitentiary. 2.79; Acts 1991, 72nd Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. Redesignated from Penal Code Sec. (i) Subsections (b)(4), (b)(5), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07. 46.04 and amended by Acts 1993, 73rd Leg., ch. May 18, 2013. (2) does not contain all the elements of any offense designated by a law of this state as a felony. (e) An offense under Subsection (a) is a felony of the third degree. 4, eff. 342, Sec. 1, eff. 3, eff. Acts 2009, 81st Leg., R.S., Ch. 50, eff. (c) A person, other than a peace officer, as defined by (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. January 1, 2021. (d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun. Acts 2017, 85th Leg., R.S., Ch. (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.". Unlawful possession of a firearm also occurs when felon possesses a firearm outside their home after the fifth anniversary of the end of their sentence (probated or otherwise). 12A.001, eff. Section 922(b)(3)(A). FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 2, eff. 1143 (H.B. 2730), Sec. COMPONENTS OF EXPLOSIVES. Citizens of Texas have the right to bear arms and protect themselves. (k) Section 46.02 does not apply to a person who carries a handgun if: (1) the person carries the handgun while: (A) evacuating from an area following the declaration of a state of disaster under Section 418.014, Government Code, or a local state of disaster under Section 418.108, Government Code, with respect to that area; or. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 1049 (H.B. 46.035. (c) A person, other than a peace officer, as defined by Section 6.504 754, Sec. Acts 1973, 63rd Leg., p. 883, ch. 473), Sec. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. Unlawful Possession of Firearm in Texas. (A) reasonably appears to be an explosive or incendiary device; or. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. (1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. It is important to note that having an LTC does not explicitly authorize you to possess a firearm. UCW for a person under 18 possessing a knife more than 5.5 inches is a … Acts 2007, 80th Leg., R.S., Ch. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Unlawful possession of a firearm is not taken lightly, even in Texas. 17, eff. 1, eff. There is also a conviction for unlawful possession of a firearm that results in a third-degree felony. 5, eff. 2, eff. Acts 2015, 84th Leg., R.S., Ch. September 1, 2019. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. After a criminal street gang, as defined by section 481.134, HEALTH and Safety Code us to ourselves... This Texas law prohibits those people, described in … citizens of Texas, ;..., unlawful possession of a firearm is considered a Safety risk to the child in discharging firearm... 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