🍒 Texas Penal Code § 46.01 | FindLaw

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However, while the statute define blackjack weapon out exactly what constitutes a "dangerous weapon" for purposes of this section, it is not uncommon for a police officer to arbitrarily consider an object a "dangerous weapon.
If you have already been convicted of carrying a firearm or dangerous weapon, you now face a minimum mandatory of 5 years in state prison, up to 7 years in prison.
A third offense carries a minimum mandatory of 7 years up to 10 years in state prison, and a fourth offense carries a minimum mandatory of 10 years up to 15 years in state prison.
The facts and circumstances surrounding the way in which you were found to be in possession of the dangerous weapon is very often the most critical issue in this type of case.
If the police were not justified in searching your person or vehicle, the evidence in this case, the dangerous weapon must be suppressed and the case dismissed.
It is very important that you never volunteer information to the police, such as admitting that you have a dangerous weapon in your possession.
Your consent to perform a pat-frisk of your person, or to search your car, is all the justification they need.
It is important that you exercise your constitutional right define blackjack weapon remain silent until you've had the opportunity to consult with an experienced criminal defense attorney.
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Blackjack (weapon), a hand weapon typically consisting of a piece of leather-enclosed metal with a strap or springy shaft for a handle. Baton (law enforcement) or "Blackjack", a small easily concealed club weapon.


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The provisions of this section do not apply to a law enforcement officer as to the possession and use of a blackjack, billy club, or night stick.
This section shall not apply to the manufacture of a blackjack, billy club, or nightstick for a law enforcement officer or the sale or gift thereto.
Possession of dangerous or deadly weapon in a school bus or school building or on school property a No person shall knowingly possess a firearm or a dangerous or deadly weapon while within a school building or on a school bus.
While committing a crime Except as otherwise provided in 18 V.
March 20, 1968; 2011, No.
Record of firearm sales All pawnbrokers and retail merchants dealing in firearms shall keep a record book in which they shall record the sale by them of all revolvers and pistols, and the purchase by them of all secondhand revolvers and pistols.
Such record shall include the date of the transaction, the marks of identification of the firearm, including the manufacturer's name, the caliber, model, and manufacturer's number of the firearm, the name, address, birthplace, occupation, age, height, weight, and color of eyes and hair of the purchaser or seller.
Such purchaser or seller shall sign his or her name to the record and the pawnbroker or merchant shall preserve such record book for six years after the date of last entry and shall permit all enforcement officers to inspect the same at all reasonable times.
This section shall not apply to an instructor or teacher who furnishes firearms to pupils for instruction and drill.
Possession of firearms by children A child under the age of 16 years shall not, without the consent of his or her parents or guardian, have in his or her possession or control a pistol or revolver constructed or designed for the use of gunpowder or other explosive substance with leaden ball or shot.
A child who violates a provision of this section shall be deemed a delinquent child under the provisions of 33 V.
Gun suppressors a As used in this section: 1 "Gun suppressor" means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a gun suppressor, and any part intended only for use in such assembly or fabrication.
§ 921, who is registered as a manufacturer pursuant to 26 U.
§ 5802; 2 a licensed importer, as defined in 18 U.
§ 921, who is registered as an importer pursuant to 26 U.
§ 5802; or 3 a person who makes a gun suppressor in compliance with the requirements of define blackjack weapon U.
§ 921, who is also registered as a manufacturer or an importer pursuant to 26 U.
§ 5802, who in the ordinary course of his or her business as a manufacturer or as an importer tests the operation of continue reading gun suppressor; or 4 a person lawfully using a sport shooting range.
June 3, 2010; 2013, No.
July 1, 2015; 2015, No.
Reporting treatment of firearm wounds a Every physician attending or treating a case of bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by the discharge of a gun, pistol, or other firearm, or whenever such case is treated in a hospital, sanitarium, or other institution, the manager, superintendent, or other person in charge shall report such case at once to local law enforcement officials or the State police.
The provisions of this section shall not apply to such wounds, burns, or injuries received by a member of the armed forces of the United States or State of Vermont while engaged in the actual performance of duty.
May 5, 1959; amended 1981, No.
Purchase of firearms in other states Residents of the State of Vermont may purchase rifles and shotguns in another state, provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, and regulations thereunder, as administered by the U.
Bureau of Alcohol, Tobacco, Firearms and Explosives, and provided further that such residents conform to the provisions of law applicable to such purchase in the State of Vermont and in the state in which the purchase is made.
April 19, 1969; amended 2009, No.
Purchase of firearms by nonresidents Residents of a state other than the State of Vermont may purchase rifles and shotguns in the State of Vermont, provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, and regulations thereunder, as administered by the U.
Bureau of Alcohol, Tobacco, Firearms and Explosives, and provided further that such residents conform to the provisions of law applicable to such purchase in the State of Vermont and in the state in which such persons reside.
April 19, 1969; amended 2009, No.
Weapons in court a As used in this section: 1 "Courthouse" means a building or any portion of a building designated by the Supreme Court of Vermont as a courthouse.
Persons prohibited from possessing firearms; conviction of violent crime a A person shall not possess a firearm if the person has been convicted of a violent crime.
B "Firearm" shall not include an antique firearm.
B Any replica of any firearm described in subdivision A of this subdivision 2 if the replica: i is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or ii uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.
C Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol that is designed to use black powder or a black powder substitute and that cannot use fixed ammunition.
As used in this subdivision C"antique firearm" shall not include a weapon that incorporates perfect strategy blackjack firearm frame or receiver, a firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
§ 1210 f and g ; IV careless or negligent operation resulting in serious bodily injury or death as defined in 23 V.
§ 1091 b ; V leaving the scene of an accident resulting in serious bodily injury or death as defined in 23 V.
§ 1128 b or c ; or VI a misdemeanor violation of chapter 28 of this title, relating to abuse, neglect, and exploitation of define blackjack weapon adults; or ii a comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.
§ 921 a 20.
B An offense involving sexual exploitation of children click at this page violation of chapter 64 of this title, or a comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.
§ 921 a 20.
C A violation of 18 V.
§ 4231 b 2b 3or c selling, dispensing, or trafficking cocaine ; 4232 b 2 or b 3 selling or dispensing LSD ; 4233 b 2b 3or c selling, dispensing, or trafficking heroin ; 4234 b 2 or b 3 selling montana blackjack dispensing depressants, stimulants, and narcotics ; 4234a b 2b 3or c selling, dispensing, or trafficking methamphetamine ; 4235 c 2 or c 3 selling or dispensing hallucinogenic drugs ; 4235a b 2 or b 3 selling or dispensing Ecstasyor a comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.
§ 921 a 20.
D A conviction of possession with intent to distribute a controlled substance other than marijuana in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.
§ 921 a 20.
Drones a No person shall equip a drone with a dangerous or deadly weapon or fire a projectile from a drone.
Firearms transfers; background checks a As used in this section: 1 "Firearm" shall have the same meaning as in subsection 4017 d of this title.
Armed Forces acting within the course of his or her official duties; 3 the transfer of a firearm from one immediate family member to another immediate family member; or 4 a person who transfers the firearm to another person in order to prevent imminent harm to any person, provided that this subdivision shall only apply while the risk see more imminent harm exists.
This subsection shall not apply to reckless or intentional misconduct by a licensed dealer.
Sale of firearms to persons under 21 years of age prohibited a A person shall not sell a firearm to a person under 21 years of age.
Armed Forces; 3 a person who provides the seller with a certificate of satisfactory completion of a Vermont hunter safety course or an equivalent hunter safety course that is approved by the Commissioner; or 4 a person who provides the seller with a certificate of satisfactory completion of a hunter safety course in another state or a province of Canada that is approved by the Commissioner.
Large capacity ammunition feeding devices a A person shall not manufacture, possess, transfer, offer for sale, purchase, or receive or import into this State a large capacity ammunition feeding device.
As used in this subsection, "import" shall not include the transportation back into this State of a large capacity ammunition feeding device by the same person who transported the device out of State if the person possessed the device on or before just click for source effective date of this section.
§ 2358, for legitimate law enforcement purposes, whether the officer is on or off duty; C transferred to a licensee under Title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by federal law, or possessed by an employee or contractor of such a licensee on-site for these purposes, or off-site for purposes of licensee-authorized training or transportation of nuclear materials; D possessed by an individual who is retired from service with a law enforcement agency after having been transferred to the individual by the agency upon his or her retirement, provided that the individual is not otherwise prohibited from receiving ammunition; E manufactured, imported, transferred, or possessed by a manufacturer or importer licensed under 18 U.
As used in this subdivision, "curio or relic" means a firearm that is of special interest to collectors by reason of some quality other than its association continue reading firearms intended for sporting use define blackjack weapon as offensive or defensive weapons.
April 11, 2018; amended 2017, No.
Bump-fire stocks; possession prohibited a As used in this section, "bump-fire stock" means a butt stock designed to be attached to a semiautomatic firearm and intended to increase the rate of fire achievable with the firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate a reciprocating action that facilitates the repeated activation of the trigger.
Definitions As used in this subchapter: 1 "Court" means the Family Division of the Superior Court.
The term does not include a firearm or ammunition therefor or any components of ammunition for a firearm, including primers, smokeless powder, or black gunpowder.
Jurisdiction and venue a The Family Division of the Superior Court shall have jurisdiction over proceedings under this subchapter.
Petition for extreme define blackjack weapon protection order a A State's Attorney or the Office of the Attorney General may file a petition requesting that the court issue an extreme risk protection order prohibiting a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person's custody or control.
The petitioner shall submit an affidavit in support of the petition.
The petitioner shall have the burden of proof by clear and convincing evidence.
B An extreme risk of harm to himself or herself may be shown by establishing that the respondent has threatened or attempted suicide or serious bodily harm.
Notice of the hearing shall be served pursuant to section 4056 of this title concurrently with the petition and any ex parte order issued under section 4054 of this title.
The order shall be signed by the judge and include the following provisions: A A statement of the grounds for issuance of the order.
B The name and address of the court where any filings should be made, the names of the parties, the date of the petition, the date and time of the order, and the date and time the order expires.
C A description of how to appeal the order.
D A description of the requirements for relinquishment of dangerous weapons under section 4059 of this title.
E A description of how to request termination of the order under section 4055 of this title.
The continue reading shall include with the order a form for a motion to terminate the order.
F A statement directing the law enforcement agency, approved federally licensed firearms dealer, define blackjack weapon other person in possession of the firearm to release it to the owner upon expiration of the order.
G A statement in substantially the following form: "To the subject of this protection order: This order shall be in effect until the date and time stated above.
While this order is in effect, you are not allowed to purchase, possess, or receive a dangerous weapon; attempt tips basic printable chart blackjack strategy purchase, possess, or receive a dangerous weapon; or have a dangerous weapon in your custody or control.
You have the right to request one hearing to terminate this order during the period that this define blackjack weapon is in effect, starting from the date of this order.
You may seek the advice of an attorney regarding any matter connected with this order.
§ 4058, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.
Emergency relief; temporary ex parte order a 1 A State's Attorney or the Office of the Attorney General may file a motion requesting that the court issue an extreme risk protection order ex parte, without notice to the respondent.
A law enforcement officer may notify the court that an ex parte extreme risk protection order is being requested pursuant to this section, but the court shall not issue the order until after the motion is submitted.
The affidavit shall state: A the specific facts supporting the allegations in the motion, including the imminent danger posed by the respondent; and B any dangerous weapons the petitioner believes to be in the respondent's possession, custody, or control.
The petitioner shall cause a copy of the order to be served on the respondent pursuant to section 4056 of this title, and the court shall deliver a copy to the holding station.
B An extreme risk of harm to himself or herself may be shown by establishing that the respondent has threatened or attempted suicide or serious bodily harm.
If not voluntarily dismissed, the temporary ex parte extreme risk protection order shall expire when the court grants or denies a motion for an extreme risk protection order under section 4053 of this title.
If the prosecutor voluntarily dismisses the motion pursuant to this subdivision, the court shall vacate the temporary ex parte extreme risk protection order and direct the person in possession of the dangerous weapon to return it to the define blackjack weapon consistent with section 4059 of this title.
The order shall be in writing and signed by the judge and shall include the following provisions: A A statement of the grounds for blackjack gardens of the order.
B The name and address of the court where any filings should be made, the names of the parties, the date of the petition, the date and time of the order, and the date and time the order expires.
C The date and time of the hearing https://tayorindustry.com/blackjack/easy-blackjack-cheat-sheet-calanoa.html the respondent may appear to contest the order before the court.
This opportunity to contest shall be scheduled as soon as reasonably possible, which in no event shall be more than 14 days after the date of issuance of the order.
D A description of the requirements for relinquishment of dangerous weapons under section 4059 of this title.
E A statement in substantially the following form: "To the subject of this protection order: This order shall be in effect until the date and time stated above.
While this order is https://tayorindustry.com/blackjack/blackjack-double-down-pomade.html effect, you are not allowed to purchase, possess, or receive a dangerous weapon; attempt to purchase, possess, or receive a dangerous weapon; or have a dangerous weapon in your custody or control.
A hearing will be held on the date and time noted above to determine if a final extreme risk prevention order should be issued.
Failure, to appear at that hearing may result in a court making an order against you that is valid for define blackjack weapon to six months.
You may seek the advice of an attorney regarding any matter connected with this order.
B Upon receipt of a request for electronic issuance of an ex parte extreme risk protection order, the judicial officer shall inform the petitioner that a signed or unsigned motion and affidavit may be submitted electronically.
The affidavit shall be sworn to or affirmed by administration of the oath over the telephone to the petitioner by the judicial officer.
The administration of the oath need not be made part of the affidavit or recorded, but the judicial officer shall note on the affidavit that the oath was administered.
C The judicial officer shall decide whether to grant or deny jugar 21 blackjack cómo motion and issue the order solely on the basis of the contents of the motion and the affidavit or affidavits provided.
If the motion is granted, the judicial officer shall immediately sign the original order, enter on its face the exact date and time it is issued, and transmit a copy to the petitioner by reliable electronic means.
The petitioner shall cause a copy of the order to be served on the respondent pursuant to section 4056 of this title.
D On or before the next business day after the order is issued: i the petitioner shall file the original motion and affidavit with the court; and ii the judicial officer shall file the signed order, the motion, and the affidavit with the clerk.
The clerk shall enter the documents on the docket immediately after filing.
§ 4058, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.
Termination and renewal motions a 1 The respondent may file a motion to terminate an extreme risk protection order issued under section 4053 of this title or an order renewed under subsection b of this section.
A motion to terminate shall not be filed more than once during the effective period of the order.
The State shall have the burden of proof by clear and convincing evidence.
The motion something recommended blackjack bankroll not be accompanied by an affidavit and shall be filed not more than 30 days and not less than 14 days before the expiration date of the order.
The motion and affidavit shall comply with the requirements of subsection 4053 c of this title, and the moving party shall have the burden mulligan son proof by clear and convincing evidence.
The order shall comply with the requirements of subdivision 4053 e 2 and subsections 4053 j and k of this title.
Notice of the hearing shall be served pursuant to section 4056 of this title concurrently with the motion.
Service a A petition, ex parte temporary order, or final order issued under this subchapter shall be served in accordance with the Vermont Rules of Civil Procedure and may be served by any law enforcement officer.
A court that issues an order under this chapter during court hours shall promptly transmit the order electronically or by other means to a law enforcement agency for service, and shall deliver a copy to the holding station.
A respondent notified by the court on the record shall be required to adhere immediately to the provisions of the order.
However, even when the court has previously notified the respondent of this web page order, the court shall transmit the order for additional service by a law enforcement agency.
Orders shall be served in a manner calculated to ensure the safety of the parties.
Methods of service that include advance notification to the respondent shall not be used.
The person making service shall file a return of service with the court stating the date, time, and place at which the order was delivered personally to the respondent.
Procedure a Except as otherwise specified, proceedings commenced under this subchapter shall be in accordance with the Vermont Rules for Family Proceedings and shall be in addition to any other available civil or criminal remedies.
The Court Administrator is authorized to contract with public or private agencies to assist petitioners to seek relief and to gain access to Superior Courts.
Law enforcement agencies shall assist in carrying out the intent of this section.
Enforcement; criminal penalties a Law enforcement officers are authorized to enforce orders issued under this chapter.
Enforcement may include collecting and disposing of dangerous weapons pursuant to section 4059 of this title and making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.
The prosecution for criminal contempt may be initiated by the State's Attorney in the county in which the violation occurred.
A sentence of imprisonment upon conviction for criminal contempt may be stayed, in the discretion of the court, pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken.
Relinquishment, storage, and return of dangerous weapons a A person who is required to relinquish a dangerous weapon other than a firearm in the person's possession, custody, or control by an extreme risk protection order issued under section 4053, 4054, or 4055 of this title shall upon service of the order immediately relinquish the dangerous weapon to a cooperating law enforcement agency.
The law enforcement agency shall transfer the weapon to the Bureau of Alcohol, Tobacco, Firearms and Explosives for proper disposition.
B A person to whom a firearm is relinquished pursuant to subdivision A of this subdivision 2 shall execute an affidavit on a form approved by the Court Administrator stating that the person: i acknowledges receipt of the firearm; ii assumes responsibility for storage of the firearm until further order of the court and specifies https://tayorindustry.com/blackjack/count-kustoms-blackjack.html manner in which he or she will provide secure storage; iii is not prohibited from owning or possessing firearms under State or federal law; and iv understands the obligations and requirements of the court order, including the potential for the person to be subject to civil contempt proceedings pursuant to subdivision C of this subdivision 2 if the person permits the firearm to be possessed, accessed, or used by the person who relinquished the item or by any other person not authorized by law to do so.
C A person to whom a firearm is relinquished pursuant to subdivision A of this subdivision 2 shall be subject to civil contempt proceedings under 12 V.
In the event that the person required to relinquish the firearm or any other person not authorized by law to possess the relinquished item obtains access to, possession of, or use of a relinquished item, all relinquished items shall be immediately transferred to the possession of a law enforcement agency or approved federally licensed firearms dealer pursuant to subdivision b 1 of this section.
§ 2307 i 3.
If a court orders the release of a firearm stored under this section, the law enforcement agency or firearms dealer in possession of the firearm shall make it available to the owner within three business days after receipt of the order and in a manner consistent with federal law.
Title to the firearm shall pass to the law enforcement agency or firearms dealer for the purpose of transferring ownership, except that the Vermont State Police shall follow the procedure described in 20 V.
In no event shall the sale occur until after the court issues a final extreme risk protection order pursuant to section 4053 of this title.
B Proceeds from the sale of a firearm pursuant to subdivision A of this subdivision 2 shall be apportioned as follows: i associated costs, including the costs of sale and of locating and serving the owner, shall be paid to the law enforcement agency or firearms dealer that incurred the cost; and ii any proceeds remaining after payment is made to the law enforcement agency or firearms dealer pursuant to subdivision i of this subdivision 2 B shall be paid to the original owner.
This subsection shall not apply if the damage or deterioration occurred as a result of recklessness, gross negligence, or intentional misconduct by the law enforcement agency.
Appeals An extreme risk protection order issued by the court under section 4053 or 4055 of this title shall be treated as a final order for the purposes of appeal.
Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure, and the appeal shall be determined forthwith.
Effect on other laws This chapter shall not be construed to prevent a court from prohibiting a person from possessing firearms under any other provision of law.
Contact Vermont State House 115 State Street Montpelier, VT 05633-5301 802 828-2228 Capitol Police Department 802 828-2229.