Texas Penal Code 46.02 – Unlawful Carrying Weapons
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(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) at the time of the offense:
(A) is younger than 21 years of age; or
(B) has been convicted of an offense under § 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
(3) is not:
(A) on the person’s own premises or premises under the person’s control; or
(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.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time in which:
(1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; 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 or boating; or
(B) prohibited by law from possessing a firearm.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class C misdemeanor | up to $500 |
Terms Used In Texas Penal Code 46.02
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07 - Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Property: means real and personal property. See Texas Government Code 311.005
- Public place: means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. See Texas Penal Code 1.07
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. 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. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(a-4) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife;
(2) is younger than 18 years of age at the time of the offense; and
(3) is not:
(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
(C) under the direct supervision of a parent or legal guardian of the person.
(a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster.
(a-6) A person commits an offense if the person:
(1) carries a handgun while the person is intoxicated; and
(2) is not:
(A) on the person’s own property or property under the person’s control or on private property with the consent of the owner of the property; or
(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
(ii) with the consent of the owner or operator of the vehicle or watercraft.
(a-7) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) is not:
(A) on the person’s own premises or premises under the person’s control; or
(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; and
(3) at the time of the offense, was prohibited from possessing a firearm under § 46.04(a), (b), or (c).
(a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions.
(b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor.
(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(8), eff. September 1, 2021.
(d) An offense under Subsection (a-4) is a Class C misdemeanor.
(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 § 46.04(a); or
(2) a felony of the third degree, if the actor was prohibited from possessing a firearm under § 46.04(b) or (c).