Unlawful Carrying of a Weapon
After permitless carry (HB 1927, 2021), Texas generally allows non-prohibited adults 21+ to carry handguns without a license. §46.02 still criminalizes carrying while intoxicated, by certain prohibited persons (felons, gang members, those under protective orders), in a manner calculated to alarm, or in places under §46.03/§46.035.
The base classification is Class A misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Intentionally, knowingly, or recklessly carries a handgun on or about the person
- Not on the person's own premises or premises under the person's control, or in or directly en route to a vehicle the person owns or controls
- And the person is younger than 21, has certain convictions within 5 years, is intoxicated, or is prohibited from possessing a firearm (§46.02(a), (a-6)); separate rules for handguns in plain view in a vehicle (§46.02(a-1))
After permitless carry (HB 1927, 2021), Texas generally allows non-prohibited adults 21+ to carry handguns without a license. §46.02 still criminalizes carrying while intoxicated, by certain prohibited persons (felons, gang members, those under protective orders), in a manner calculated to alarm, or in places under §46.03/§46.035.
| If this condition applies… | Charge escalates to |
|---|---|
| Premises licensed to sell alcohol for on-premises consumption | 3rd degree felony |
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Worked examples
After Texas's permitless carry law (HB 1927, 2021), Unlawful Carrying of a Weapon under §46.02 still applies in many circumstances, including when the actor:
- Is 21 or older and not otherwise prohibited
- Carries while intoxicated, while a member of a criminal street gang, while subject to a protective order, or in a manner calculated to alarm Correct
- Carries in his own home
- Carries in a private vehicle he owns