Tex. Penal Code Section 46.15
Nonapplicability

Mentioned in

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)

Sections 46.02 (Unlawful Carrying Weapons) and 46.03 (Places Weapons Prohibited) do not apply to:

(1)

peace officers or special investigators under Article 2.122 (Special Investigators), Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer’s or investigator’s duties while carrying the weapon;

(2)

parole officers, and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A)

engaged in the actual discharge of the officer’s duties while carrying the weapon; and

(B)

in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;

(3)

community supervision and corrections department officers appointed or employed under Section 76.004 (Department Director; Fiscal Officer), Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A)

engaged in the actual discharge of the officer’s duties while carrying the weapon; and

(B)

authorized to carry a weapon under Section 76.0051 (Authorization to Carry Weapon), Government Code;

(4)

an active or retired judicial officer as defined by Section 411.201 (Active and Retired Judicial Officers; Certain Court Officers), Government Code, who is licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code;

(5)

an honorably retired peace officer or other qualified retired law enforcement officer, as defined by 18 U.S.C. Section 926C, who holds a certificate of proficiency issued under Section 1701.357 (Weapons Proficiency for Qualified Retired Law Enforcement Officers), Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer;

(6)

the attorney general or a United States attorney, district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code;

(7)

an assistant United States attorney, assistant attorney general, assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code;

(8)

a bailiff designated by an active judicial officer as defined by Section 411.201 (Active and Retired Judicial Officers; Certain Court Officers), Government Code, who is:

(A)

licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code; and

(B)

engaged in escorting the judicial officer;

(9)

a juvenile probation officer who is authorized to carry a firearm under Section 142.006 (Authorization to Carry Firearm), Human Resources Code;

(10)

a person who is volunteer emergency services personnel if the person is:

(A)

carrying a handgun under the authority of Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code; and

(B)

engaged in providing emergency services; or

(11)

a person who:

(A)

retired after serving as a judge or justice described by Section 411.201 (Active and Retired Judicial Officers; Certain Court Officers)(a)(1), Government Code; and

(B)

is licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code

(11)

a district or county clerk who is carrying a handgun the clerk is licensed to carry under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code.

(a)

Sections 46.02 (Unlawful Carrying Weapons) and 46.03 (Places Weapons Prohibited) do not apply to:

(1)

peace officers or special investigators under Article 2A.002 (Special Investigators), Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer’s or investigator’s duties while carrying the weapon;

(2)

parole officers, and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A)

engaged in the actual discharge of the officer’s duties while carrying the weapon; and

(B)

in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;

(3)

community supervision and corrections department officers appointed or employed under Section 76.004 (Department Director; Fiscal Officer), Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:

(A)

engaged in the actual discharge of the officer’s duties while carrying the weapon; and

(B)

authorized to carry a weapon under Section 76.0051 (Authorization to Carry Weapon), Government Code;

(4)

an active or retired judicial officer as defined by Section 411.201 (Active and Retired Judicial Officers; Certain Court Officers), Government Code, who is licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code;

(5)

an honorably retired peace officer or other qualified retired law enforcement officer, as defined by 18 U.S.C. Section 926C, who holds a certificate of proficiency issued under Section 1701.357 (Weapons Proficiency for Qualified Retired Law Enforcement Officers), Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer;

(6)

the attorney general or a United States attorney, district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code;

(7)

an assistant United States attorney, assistant attorney general, assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code;

(8)

a bailiff designated by an active judicial officer as defined by Section 411.201 (Active and Retired Judicial Officers; Certain Court Officers), Government Code, who is:

(A)

licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code; and

(B)

engaged in escorting the judicial officer;

(9)

a juvenile probation officer who is authorized to carry a firearm under Section 142.006 (Authorization to Carry Firearm), Human Resources Code;

(10)

a person who is volunteer emergency services personnel if the person is:

(A)

carrying a handgun under the authority of Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code; and

(B)

engaged in providing emergency services; or

(11)

a person who:

(A)

retired after serving as a judge or justice described by Section 411.201 (Active and Retired Judicial Officers; Certain Court Officers)(a)(1), Government Code; and

(B)

is licensed to carry a handgun under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code

(11)

a district or county clerk who is carrying a handgun the clerk is licensed to carry under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code.

(b)

Sections 46.02 (Unlawful Carrying Weapons), 46.03 (Places Weapons Prohibited)(a)(14), and 46.04 (Unlawful Possession of Firearm)(a-1) do not apply to a person who:

(1)

is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001 (Definitions), Government Code, or as a guard employed by a penal institution;

(2)

is traveling;

(3)

is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor’s residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;

(4)

holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person’s duties as an officer commissioned under Chapter 1702 (Private Security), Occupations Code, or is traveling to or from the person’s place of assignment and is wearing the officer’s uniform and carrying the officer’s weapon in plain view;

(5)

acts as a personal protection officer and carries the person’s security officer commission and personal protection officer authorization, if the person:

(A)

is engaged in the performance of the person’s duties as a personal protection officer under Chapter 1702 (Private Security), Occupations Code, or is traveling to or from the person’s place of assignment; and

(B)

is either:
(i)
wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323 (Security Department of Private Business)(d), Occupations Code, and carrying the officer’s weapon in plain view; or
(ii)
not wearing the uniform of a security officer and carrying the officer’s weapon in a concealed manner;

(6)

is carrying:

(A)

a license issued under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code, to carry a handgun; and

(B)

a handgun:
(i)
in a concealed manner; or
(ii)
in a holster;

(7)

holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or

(8)

is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is:

(A)

on the immediate premises where the activity is conducted; or

(B)

en route between those premises and the person’s residence and is carrying the weapon unloaded.

(c)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 4, eff. September 1, 2019.

(d)

The provisions of Section 46.02 (Unlawful Carrying Weapons) prohibiting the carrying of a firearm do not apply to a public security officer employed by the adjutant general under Section 437.053 (Adjutant General: Duties), Government Code, in performance of official duties or while traveling to or from a place of duty.

(e)

Section 46.02 (Unlawful Carrying Weapons)(a-4) does not apply to an individual carrying a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is significant to the performance of the ceremony.

(f)

Section 46.03 (Places Weapons Prohibited)(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as:

(1)

a member of the armed forces or state military forces, as defined by Section 437.001 (Definitions), Government Code; or

(2)

an employee of a penal institution.

(g)

The provisions of Section 46.03 (Places Weapons Prohibited) prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006 (Issuance of Certificate), Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty.

(h)

The provisions of Section 46.03 (Places Weapons Prohibited) prohibiting the possession or carrying of a club do not apply to a code enforcement officer who:

(1)

holds a certificate of registration issued under Chapter 1952 (Code Enforcement Officers), Occupations Code; and

(2)

possesses or carries an instrument used specifically for deterring an animal bite while the officer is:

(A)

performing official duties; or

(B)

traveling to or from a place of duty.

(i)

Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(2), eff. September 1, 2007.

(j)

The provisions of Sections 46.02 (Unlawful Carrying Weapons) and 46.03 (Places Weapons Prohibited)(a)(7), (a-2), (a-3), and (a-4) do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission.

(k)

Section 46.02 (Unlawful Carrying Weapons) does not apply to a person who carries a handgun if:

(1)

the person carries the handgun while:

(A)

evacuating from an area following the declaration of a state of disaster under Section 418.014 (Declaration of State of Disaster), Government Code, or a local state of disaster under Section 418.108 (Declaration of Local Disaster), Government Code, with respect to that area; or

(B)

reentering that area following the person’s evacuation;

(2)

not more than 168 hours have elapsed since the state of disaster or local state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under this subsection; and

(3)

the person is not prohibited by state or federal law from possessing a firearm.

(l)

Sections 46.02 (Unlawful Carrying Weapons) and 46.03 (Places Weapons Prohibited)(a)(1), (a)(2), (a)(3), and (a)(4) do not apply to a person who carries a handgun if:

(1)

the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014 (Declaration of State of Disaster), Government Code, or a local state of disaster declared under Section 418.108 (Declaration of Local Disaster), Government Code;

(2)

the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun;

(3)

the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and

(4)

the person is not prohibited by state or federal law from possessing a firearm.

(m)

It is a defense to prosecution under Section 46.03 (Places Weapons Prohibited) that the actor:

(1)

carries a handgun on a premises or other property on which the carrying of a weapon is prohibited under that section;

(2)

personally received from the owner of the property, or from another person with apparent authority to act for the owner, notice that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and

(3)

promptly departed from the premises or other property.

(n)

The defense provided by Subsection (m) does not apply if:

(1)

a sign described by Subsection (o) was posted prominently at each entrance to the premises or other property, as applicable; or

(2)

at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited.

(o)

A person may provide notice that firearms and other weapons are prohibited under Section 46.03 (Places Weapons Prohibited) on the premises or other property, as applicable, by posting a sign at each entrance to the premises or other property that:

(1)

includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03 (Places Weapons Prohibited), Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property";

(2)

includes the language described by Subdivision (1) in both English and Spanish;

(3)

appears in contrasting colors with block letters at least one inch in height; and

(4)

is displayed in a conspicuous manner clearly visible to the public.

(p)

Sections 46.03 (Places Weapons Prohibited)(a)(7), (11), and (13) do not apply if the actor:

(1)

carries a handgun on the premises or other property, as applicable;

(2)

holds a license to carry a handgun issued under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code; and

(3)

was not given effective notice under Section 30.06 (Trespass by License Holder with a Concealed Handgun) or 30.07 (Trespass by License Holder with an Openly Carried Handgun) of this code or Section 411.204 (Notice Required on Certain Premises), Government Code, as applicable.

(q)

Section 46.03 (Places Weapons Prohibited)(a)(8) does not apply if the actor:

(1)

carries a handgun on a premises where a collegiate sporting event is taking place;

(2)

holds a license to carry a handgun issued under Subchapter H (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code; and

(3)

was not given effective notice under Section 30.06 (Trespass by License Holder with a Concealed Handgun) or 30.07 (Trespass by License Holder with an Openly Carried Handgun) of this code, as applicable.

(r)

Sections 46.02 (Unlawful Carrying Weapons) and 46.03 (Places Weapons Prohibited) do not apply to a first responder who:

(1)

was carrying a handgun in a concealed manner or in a shoulder or belt holster;

(2)

holds an unexpired certificate of completion under Section 411.1883 (Training Course for Certain First Responders), Government Code, at the time of engaging in the applicable conduct;

(3)

was engaged in the actual discharge of the first responder’s duties while carrying the handgun; and

(4)

was employed or supervised by a municipality or county to which Chapter 179 (Authority of Certain First Responders to Carry Handgun), Local Government Code, applies.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 18, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1221, Sec. 4, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 28, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 9.25, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1445, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1060, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 325, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 421, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 795, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 288 (H.B. 823), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(78), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 976 (H.B. 1813), Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1093 (H.B. 2110), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1093 (H.B. 2110), Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1179 (S.B. 578), Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1179 (S.B. 578), Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 647 (H.B. 964), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 3(1), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 3(2), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(62), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1048 (H.B. 2101), Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1214 (H.B. 1889), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1222 (H.B. 2300), Sec. 6, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 19.004, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 299 (H.B. 405), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 794 (S.B. 1237), Sec. 4, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.22, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 679 (H.B. 25), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 13.02, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1080 (H.B. 3370), Sec. 4, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.20, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 13, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 49, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 8, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 13, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1126 (H.B. 2584), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1234 (H.B. 1552), Sec. 6, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1281 (H.B. 1177), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 481 (H.B. 2112), Sec. 5, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 518 (S.B. 550), Sec. 5, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 25, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 16.005, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1026 (H.B. 1069), Sec. 8, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 501 (H.B. 2291), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.157, eff. January 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(34), eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(20), eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1077 (S.B. 599), Sec. 4, eff. September 1, 2023.

Source: Section 46.15 — Nonapplicability, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­46.­htm#46.­15 (accessed Jun. 5, 2024).

Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 46.15’s source at texas​.gov