45, eff. 1049 (H.B. Sept. 1, 1994. 273), Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. | https://codes.findlaw.com/tx/penal-code/penal-sect-46-02/. a Class A misdemeanor. 11), Sec. June 15, 2007. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. This is generally a Class A misdemeanor in 920 (S.B. 1, eff. 1, eff. 46.08 by Acts 1993, 73rd Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 4170), Sec. 46.09. 1069), Sec. 1927), Sec. (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. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. (2) at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited. In the State of Texas, it is perfectly legal to keep a loaded gun in ones car without needing a license to carry as long as the person who does so is not prohibited from possessing a gun for any reason. September 1, 2021. 12/31/2022 146029 sheikh, hamzah mohammad 19926 rhodes rd spring tx 77379 texas dept of public safety sh 249/ fm 149 instanter ccl5 unl carrying weapon 500 instanter ccl5 (pom) poss marij < 2oz 500 12/31/2022 72119 SMITH, TRISTAN NICHOLE 163 CROCKETT MARTIN N CONROE TX 77303 TEXAS DEPT OF PUBLIC SAFETY 2, eff. 25), Sec. (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. 469 (H.B. Acts 2017, 85th Leg., R.S., Ch. 11), Sec. (A)engaged in criminal activity, other than a Class C misdemeanor that is a violation 1935), Sec. How did the UCW statute change to make open carry legal? 2, eff. a location-restricted knife; (2)is younger than 18 years of age at the time of the offense; and. 452, Sec. Acts 2019, 86th Leg., R.S., Ch. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (A) an antique or curio firearm manufactured before 1899; or. Acts 2013, 83rd Leg., R.S., Ch. 809 (H.B. 2/23/2023 503956 ISOKPEHI, JERMAINE OMOHOBA 6250 WESTPARK DR; STE 220 HOUSTON TX 77057-7334 MCSO 1470 LAKE WOODLANDS INSTANTER CCL4 (POM) POSS MARIJ < 2OZ $500 PR BOND INSTANTER CCL4 UNL CARRYING WEAPON $500. Added by Acts 1985, 69th Leg., ch. (g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. 435), Sec. September 1, 2021. TITLE 10. September 1, 2021. Acts 2017, 85th Leg., R.S., Ch. 693 (H.B. 3167), Sec. Acts 2021, 87th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 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. 20-year-old Kalani Celaya was arrested by Tom Green County Sheriff's Deputies Thursday morning for Criminal Trespass and Resisting Arrest, Search or Transport. (4) Repealed by Acts 2021, 87th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 7, eff. Section 922(b)(3)(A). Acts 2015, 84th Leg., R.S., Ch. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. Sept. 1, 1995. (B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. 900, Sec. 2110), Sec. Acts 2021, 87th Leg., R.S., Ch. CLARENCE EDWARD BROOKS was booked in Washington County, Texas for PC 46.02(b) - UNL CARRYING WEAPON. 69 , Sec. 10.02, eff. 25), Sec. (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. Is Greg Abbott Committing the Texas Offense of Human Trafficking? September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. 37-year-old Abel Buitron-Salas was arrested early Saturday morning by San Angelo Police for Aggravated Assault with a Deadly Weapon and and Public Intoxication. (B) en route between those premises and the person's residence and is carrying the weapon unloaded. 809 (H.B. 46.06. 5, eff. Acts 2011, 82nd Leg., R.S., Ch. 809 (H.B. 1815), Sec. UNLAWFUL CARRYING WEAPONS. (b) Sections 46.02, 46.03(a)(14), and 46.04(a-1) do 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. 1, eff. 550), 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. 22, eff. Amended by Acts 2001, 77th Leg., ch. Sept. 1, 2001. (11) Repealed by Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). (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. September 1, 2019. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Subsection (a-7) makes it illegal to possess a handgun outside of your home or vehicle if youre prohibited from possessing a firearm under the Unlawful Possession of Firearm law (unless the unlawful possession was because of membership in a criminal street gang. Sec. Keller, Texas Linda Baker, Crime Reporter . [6] This Nonapplicability statute has undergone significant changes in each legislative session since 2005. Section 46.035 covered the conspicuous carry of handguns and carrying a handgun at a bar, church, sporting event, amusement park and other places. September 1, 2021. 46.11 | Sec. Webunl carrying weapon texas unl carrying weapon texas. WebThe Unlawful Carrying Weapons offense, also known as UCW in Texas, makes it illegal to carry handguns and other weapons under certain circumstances. 1177), Sec. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person (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. (B) submitted to a licensed firearms dealer, as defined by 18 U.S.C. [16] This is, unfortunately, a narrow category of UCW violations. 399, Sec. 1, eff. Added by Acts 1983, 68th Leg., p. 4832, ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. WebDownload. 2021 Legislative Update Notice: Significant changes were made to the Unlawful Carrying Weapons laws in the 87th Texas Legislature in 2021. (b) An offense under this section is a felony of the third degree. September 1, 2015. 910), Sec. September 1, 2019. (A) reasonably appears to be an explosive or incendiary device; or. 5, eff. (B) reentering that area following the person's evacuation; (2) not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and. Current through the 87th Legislature Third Called Session. 2, eff. 2, eff. 46.11. (a-4) Notwithstanding Subsection (a) or Section 46.02(a-5), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion. 1.01, eff. 46.08 | Sec. (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. 5.01(a)(46), eff. (5) "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, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. (A) on the persons own premises or premises under the persons control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; or. Sept. 1, 1994; Acts 2003, 78th Leg., ch. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS. 3, eff. 467 (H.B. What is the difference between UCW and UPF? Sept. 1, 1995; Acts 1995, 74th Leg., ch. January 1, 2016. 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. 437 (H.B. Acts 2021, 87th Leg., R.S., Ch. 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. (p) Sections 46.03(a)(7), (11), and (13) do not apply if the actor: (1) carries a handgun on the premises or other property, as applicable; (2) holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and. 1, eff. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. You Do Not Because of the complexity of the law, there are numerous ways to challenge these prosecutions. 1217 (S.B. 809 (H.B. 2730), Sec. 24, eff. Texas Penal Code 46.02(e)^12 H.B. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. 216 (H.B. (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control. 6, eff. 931, Sec. 1935), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. So if you are under 21 years old, you can still carry a handgun to your home from your vehicle and vice versa. 168, Sec. 1, eff. 473), Sec. Acts 2021, 87th Leg., R.S., Ch. 1935), Sec. Acts 2021, 87th Leg., R.S., Ch. 1488), Sec. Sec. Aug. 29, 1983; Acts 1987, 70th Leg., ch. Acts 1973, 63rd Leg., p. 883, ch. 1927), Sec. (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. [4] The law in effect for offenses occurring on or after September 1, 2017, but before September 1, 2019, is below (language removed from the 2015 version of the law is indicated in strikethrough): (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 910), Sec. 325, Sec. 910, 84th Texas Legislature, Section 45, H.B. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (b) This section does not apply to an offense under Section 46.03(a)(1). 931, Sec. 1813), Sec. 2, eff. September 1, 2005. Sept. 1, 1987; Acts 1989, 71st Leg., ch. This requirement is in subsections (a), (a-1), (a-4) and (a-7). 399, Sec. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. (4) the person is not prohibited by state or federal law from possessing a firearm. Sept. 1, 1987. 4173), Sec. Now, a person cannot be charged for unlawfully carrying a firearm unless theyre under the age of 21 or they have been prohibited to own one under state or federal laws. Southlake, Texas Linda Baker, Crime Reporter . 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). 790, Sec. 47, eff. 4, eff. (a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2003. 46.04. 1, 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. 481 (H.B. (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). 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. June 19, 2009. by the person or under the person's control. (b) An offense under this section is a Class A misdemeanor. 790, Sec. 11, eff. COMPONENTS OF EXPLOSIVES. WebIf the weapon is in your car, it has to be hidden from plain view. September 1, 2019. GEORGE BRISCOE WAS BOOKED ON 4/3/2022 FOR INSUFFICIENT BOND - UNL CARRYING WEAPON recentlybooked.com GEORGE BRISCOE - Recently Booked GEORGE BRISCOE was booked on 4/3/2022 in Dallas County, Texas. (d)An offense under Subsection (a-4) is a Class C misdemeanor. (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. As briefly described above, in 2021 the 87th Texas Legislature significantly amended the UCW law. Sept. 1, 1994. 10, eff. September 1, 2011. Renumbered from Penal Code Sec. Acts 1973, 63rd Leg., p. 883, ch. Acts 2015, 84th Leg., R.S., Ch. (b)Except as provided by Subsection (c) or (d), an offense under this section is Acts 2007, 80th Leg., R.S., Ch. 1935, 85th Texas Legislature, Section 4, effective September 1, 2017^5. 2.60, eff. 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): Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. September 1, 2005. 1221, Sec. 1. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 746, Sec. 19.004, eff. 1445, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. It is important to note that this practice is illegal in most states across the nation. 4B.22, eff. 809 (H.B. (C) under the direct supervision of a parent or legal guardian of the person. (A) on the person's own premises or premises under the person's control; (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; or. September 1, 2021. Redesignated from Penal Code Sec. (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, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer 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: (B) a qualified retired law enforcement officer; (D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies; (6) a 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 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, (B) engaged in escorting the judicial officer; or. 1, eff. Added by Acts 1995, 74th Leg., ch. (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. 814 (H.B. 2, eff. Acts 2013, 83rd Leg., R.S., Ch. (2) possesses or conceals a deadly weapon in the penal institution. Acts 2017, 85th Leg., R.S., Ch. In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. (2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. 1488), Sec. (a-4)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person (B) engaged in providing emergency services. 1889), Sec. January 1, 2016. Stay up-to-date with how the law affects your life. 754, Sec. Sept. 1, 1991. (c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. 15.002, eff. DRIVING WHILE INTOXICATED; 2) UNL CARRYING WEAPON; RELEASE REASON: TRANSFERRED TO COUNTY; RELEASE COMMENTS: DIRECT TRANSPORT ER SOUTHLAKE PD S BRAND. 1221, Sec. Acts 1973, 63rd Leg., p. 883, ch. WebCarrying a weapon in a prohibited place is a third-degree felony, punishable by up to 10 years in prison and a maximum $10,000 fine. 457, Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 15.002, eff. Acts 2021, 87th Leg., R.S., Ch. 1889), Sec. 1576), Sec. Sept. 1, 1994. 1, eff. 438 (S.B. September 1, 2009. carries on or about his or her person a handgun in a motor vehicle or watercraft that Charges: Charge Description: PC 46.02(b) - UNL CARRYING WEAPON; 446), Sec. 1281 (H.B. Jan. 1, 1974. 17, eff. Amended by Acts 1985, 69th Leg., ch. The defense we might use in your case might be different, and it will depend on the specific facts of your case. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. Booking Number: CB33MB02272023. 1552), Sec. Acts 2011, 82nd Leg., R.S., Ch. (3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). (m) Sections 46.02, 46.03, and 46.035(b) and (c) do not apply to a first responder who: (1) was carrying a handgun in a concealed manner or in a shoulder or belt holster; (2) holds an unexpired certificate of completion under Section 411.184, Government Code, at the time of engaging in the applicable conduct; (3) was engaged in the actual discharge of the first responder's duties while carrying the handgun; and. 3, eff. (A)on the person's own premises or premises under the person's control; (B)inside of or directly en route to a motor vehicle or watercraft that is owned (l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and (a)(4) 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. 10.03, 31.01(70), eff. (c) An offense under this section is a felony of the third degree. Gender: M. Race: Black or African American. 386, Sec. September 1, 2017. The term includes a travel trailer, camping trailer, truck camper, motor home, and 48, eff. 3(1), eff. 1, eff. (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 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. 2112, S.B. (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. 920 (S.B. 686, Sec. 814 (H.B. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (C)under the direct supervision of a parent or legal guardian of the person. 1, eff. September 1, 2009. 46.07 | Sec. 679 (H.B. 3, eff. 1, eff. Added by Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., 1st C.S., Ch. UNLAWFUL POSSESSION OF FIREARM. 647 (H.B. Acts 2007, 80th Leg., R.S., Ch. 900, Sec. (e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person. Jan. 1, 1974. September 1, 2019. WebThe Unlawful Carry of Weapon (UCW) charge is delineated under Texas Penal Code, Sections 46.02 (a-1). FIREARM SMUGGLING. 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