This section of the Penal Code explains when it is an offense for a person convicted of a felony to possess a firearm. (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. Sept. 1, 1999. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. September 1, 2015. 900, Sec. 814 (H.B. 1, eff. (b) This section does not apply to an offense under Section 46.03(a)(1). 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. April 1, 2019. January 1, 2016. Sept. 1, 1995. Acts 2019, 86th Leg., R.S., Ch. 324 (S.B. 2225), Sec. 15.02(g), eff. 920 (S.B. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. 1, eff. (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. 79), Sec. Acts 2007, 80th Leg., R.S., Ch. 728 (H.B. Section 6.504 September 1, 2011. 1222 (H.B. 1, eff. The term does not include a temporary protective order issued before the court holds a hearing on the matter. September 1, 2017. 47, eff. Conviction carries … (k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code. Renumbered from Penal Code Sec. 4456), Sec. 5, eff. 2, eff. Acts 2019, 86th Leg., R.S., Ch. (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. Unlawful Carry of a Weapon, or UCW, refers to offenses involving the illegal possession of a handgun, illegal knife, or club in Texas. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a location-restricted knife: (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the person is a participant in the event and a location-restricted knife is used in the event; (3) on the premises of a correctional facility; (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate; (5) on the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration; (7) on the premises of a church, synagogue, or other established place of religious worship. 6, eff. 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. 11), Sec. (3) "Premises" means a building or a portion of a building. 62, Sec. January 1, 2016. Violating these conditions of probation by owning or possessing a firearm may lead to an immediate revocation of probation. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. So if you’re charged with unlawful possession or if you’ve been charged with a felony, please don’t hesitate to contact us. August 1, 2016. (2) does not contain all the elements of any offense designated by a law of this state as a felony. For more detailed codes research information, including annotations and citations, please visit Westlaw. Renumbered from Penal Code Sec. (2) the date of the person's release from community supervision following conviction of the misdemeanor. 1, eff. 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). MAKING A FIREARM ACCESSIBLE TO A CHILD. (b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. Added by Acts 1995, 74th Leg., ch. There is also a conviction for unlawful possession of a firearm that results in a third-degree felony. 473), Sec. 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 concealed 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. September 1, 2005. 1, eff. 2303), Sec. June 15, 2007. Acts 2019, 86th Leg., R.S., Ch. (g) Except as provided by Subsection (g-1), an offense under this section is a felony of the third degree. (2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. Acts 2009, 81st Leg., R.S., Ch. 873, Sec. Sept. 1, 2001. Acts 2019, 86th Leg., R.S., Ch. OFFENSES AGAINST PROPERTY. Acts 2015, 84th Leg., R.S., Ch. 1080 (H.B. 10.02, eff. Sept. 1, 2003. (d) This section does not prevent the prosecution from: (1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or. 535), Sec. 15.004, eff. Acts 2011, 82nd Leg., 1st C.S., Ch. 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. This is generally a Class A misdemeanor in Texas although as explained below, it can become a third degree felony under certain circumstances. 1221, Sec. Sept. 1, 1991; Renumbered from Penal Code Sec. Acts 2017, 85th Leg., R.S., Ch. 48, eff. Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. Find more information on unlawful possession of a firearm, unlawful transfer of weapons, and what weapons are considered prohibited in the state of Texas. There are also cases where unlawful possession of a firearm is … 1, eff. 1815), Sec. Acts 2009, 81st Leg., R.S., Ch. 1049 (H.B. 165, Sec. (2) does not contain all the elements of any offense designated by a law of this state as a felony. (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 2019, 86th Leg., R.S., Ch. 168, Sec. September 1, 2013. Citizens of Texas have the right to bear arms and protect themselves. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (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. 72 (S.B. September 1, 2013. January 1, 2016. 8, eff. 467 (H.B. September 1, 2019. 2.60, eff. 693, Sec. Sec. September 1, 2009. 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 (B) engaged in escorting the judicial officer; (9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code; or. Unlawful possession of a firearm is not taken lightly, even in Texas. It is important to know the law with regard to when and if an individual can possess or own a firearm if they have been convicted of a felony in Texas. 299), Sec. 2.60, eff. (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 concealed handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and. Acts 2011, 82nd Leg., R.S., Ch. FIREARM SMUGGLING. 229, Sec. 1261, Sec. (a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (1) make another believe that the hoax bomb is an explosive or incendiary device; or. September 1, 2005. 900, Sec. Added by Acts 1995, 74th Leg., ch. 1049 (H.B. (c) A person, other than a peace officer, as defined by Texas Unlawful Carrying of Firearm Defenses. 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. (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. September 1, 2009. 165, Sec. 852, Sec. (C) a member of a criminal street gang, as defined by Section 71.01. After the five year period, a convicted … 1049 (H.B. (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. May 30, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 1.01, eff. (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) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution. 1048 (H.B. (b) A person who has been convicted of an offense under 15.003, eff. Anyone convicted of a felony is considered a safety risk to the general public and is, therefore, forbidden to possess a firearm. (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.". 2, eff. 5.01(a)(47), eff. Acts 2017, 85th Leg., R.S., Ch. Texas citizens are proud of their right to bear arms – it’s a right that many residents take seriously. In some cases, unlawful possession of a firearm is considered a felony of the third degree. 913), Sec. (a) A 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(a): (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the institution; or. 998, Sec. Acts 2011, 82nd Leg., R.S., Ch. But, if a citizen breaks certain laws, he or she may have this right revoked. 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. 3, eff. June 19, 2009. 46.09. (2) the date of the person's release from community supervision following conviction of the misdemeanor. This is a third degree felony with punishment of … Amended by Acts 1997, 75th Leg., ch. 14.833, eff. 578), Sec. Our state made it legal to carry a concealed weapon with a concealed weapon license years ago, a decision that is the subject of very little controversy here. Acts 2017, 85th Leg., R.S., Ch. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 7, eff. January 1, 2021. 2, eff. Text of subsection effective on January 01, 2021. Article 17.292 1969), Sec. 964), Sec. Amended by Acts 1995, 74th Leg., ch. (1) (a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter. 3167), Sec. 46.02. (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. 2730), Sec. Conviction carries a presumptive sentence of … Acts 2015, 84th Leg., R.S., Ch. 49, Sec. (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. DEFINITIONS. Unlawful possession of a firearm in Texas is generally considered a Class A misdemeanor, the punishment for which can be up to a year in jail and a penalty of $4,000. (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. 921 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (C) under the direct supervision of a parent or legal guardian of the person. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. September 1, 2011. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 17.001(62), eff. Unlawful Possession of Firearm Texas Penal code 46.04 makes it illegal to possess a firearm at home or elsewhere within five years of release from felony community supervision, felony parole or felony confinement. Added by Acts 1983, 68th Leg., p. 4831, ch. , 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. Sept. 1, 1987. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 46.07. 71, eff. 342, Sec. 1, eff. 554, Sec. 1193, Sec. Acts 2017, 85th Leg., R.S., Ch. (a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or. 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. 216 (H.B. September 1, 2009. 1889), Sec. It is important to note that having an LTC does not explicitly authorize you to possess a firearm. COMPONENTS OF EXPLOSIVES. Added by Acts 1995, 74th Leg., ch. September 1, 2017. 1146 (H.B. 910), Sec. If you are in one of the following situations, you could face charges for unlawful possession of a firearm. Unlawful Possession of Firearm . Sept. 1, 1991. (2) the firearm or club is in plain view. It is considered a third-degree felony, which can land you up to 10 years in prison and a $10,000 fine. 794 (S.B. 4, eff. This Texas law prohibits those people, described in … Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. 1.01, eff. (2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. June 20, 1997; Acts 1997, 75th Leg., ch. 2, eff. September 1, 2017. 823), Sec. 473), Sec. September 1, 2011. Acts 2009, 81st Leg., R.S., Ch. (l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and (a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and (b)(6) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. 910), Sec. 679 (H.B. 1, eff. The term does not include: (A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or. This Texas law prohibits those people, described in … (B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (1) within 300 feet of the premises of a school; or, (A) an official school function is taking place; or. 24, 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. This is a third degree felony with punishment of … (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. In some cases, possessing a firearm illegally would be … 1237), Sec. Acts 2017, 85th Leg., R.S., Ch. 900, Sec. 273), Sec. (b) Section 46.02 does not apply to a person who: (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution; (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity; (4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view; (5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment; and, (i) 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 weapon in plain view; or. If you carry a firearm with you despite a court order prohibiting you from doing so 1420, Sec. An arrest for unlawful possession of a firearm typically arises from one of two different circumstances. Acts 2009, 81st Leg., R.S., Ch. These may result in the initial prison sentence being reinstated and additional charges may be filed. In some cases, unlawful possession of a firearm is considered a felony of the third degree. (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, 1995. Acts 2015, 84th Leg., R.S., Ch. DEADLY WEAPON IN PENAL INSTITUTION. 46.06 and amended by Acts 1993, 73rd Leg., ch. 693 (H.B. (1) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. (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. (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. 216 (H.B. 5, eff. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. Section 1.07 An offense under Subsection (b) or (c) is a Class A misdemeanor. Sec. Unlawfully possessing a firearm in Texas is a serious charge that can carry prison or jail time. 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