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).
Source:
Section 46.02 — Unlawful Carrying Weapons, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm#46.02 (accessed Jun. 5, 2024).
