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 persons own premises or premises under his own control, or inside of, or en route, to a motor vehicle under the persons 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 persons own premises or premises under the persons control; or

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

For more information on Unlawful Carry of a Weapon Contact Gilbert Garcia today at 936-756-3333. 

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