Tex. Penal Code Section 46.02
Unlawful Carrying Weapons


Mentioned in

Campus Carry FAQs

UT Austin, August 21, 2023

“‘Campus Carry’ is the common name for the law that authorizes an LTC [License to Carry a Handgun] holder to carry a concealed handgun at institutions of higher education in Texas.”
 
Bibliographic info

Texas Concealed Carry Gun Laws: CCW & Reciprocity Map

USCCA, September 1, 2021

“As of Sept. 1, 2021, permitless concealed carry and open carry is legal for anyone at least 21 years old who may lawfully possess a handgun.”
 
Bibliographic info

(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 Section 22.01 (Assault)(a)(1), 22.05 (Deadly Conduct), 22.07 (Terroristic Threat), or 42.01 (Disorderly Conduct)(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 (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), 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.

(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 Section 46.04 (Unlawful Possession of Firearm)(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 Section 46.04 (Unlawful Possession of Firearm)(a); or

(2)

a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04 (Unlawful Possession of Firearm)(b) or (c).
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, Sec. 1, eff. Sept. 1, 1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 679 (H.B. 25), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 45, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 4, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 481 (H.B. 2112), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 518 (S.B. 550), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 22, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(8), eff. September 1, 2021.

Source: Section 46.02 — Unlawful Carrying Weapons, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­46.­htm#46.­02 (accessed Feb. 24, 2024).

Accessed:
Feb. 24, 2024

§ 46.02’s source at texas​.gov