Texas HB 1815 Clarifies UCW - Unlawful Carrying of a Weapon

H.B. 1815 clarifies that a person has a right to carry a handgun, club or certain knives on the person’s own premises or premises under his own control, or inside of, or en route, to a motor vehicle under the person’s control. It would redefine the UCW offense in Penal Code Section 46.02 and specify that the criteria a person has to meet in order to qualify for the traveling presumption under current law would need to be met under Section 46.02, Penal Code, to avoid committing a UCW offence. Here’s the new language.

(a)  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1)  on the person’s own premises or premises under the person’s control; or

(2)  inside of or directly en route to a motor vehicle that is owned by the person or under the person’s control.

     (a-1) A person commits an offence if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person’s control at any time in which:

               (1) the hand gun is in plain view; or

               (2) the person is:

                                    (A) engaged in criminal activity, other than a Class C

                                          Misdemeanor that is a violation of a law or ordinance

                                          regulating traffic;

(B)   prohibited by law from possessing a firearm; or

(C)   a member of a criminal street gang, as defined by Section 71.01