Penal Code · §46.02

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))
Texas Law — Charge Details
Class A Misd.
Offense
Unlawful Carrying of a Weapon
Statute
Tex. Penal Code §46.02
Classification
Class A misdemeanor (default)

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.

Potential Penalty Enhancements
If this condition applies…Charge escalates to
Premises licensed to sell alcohol for on-premises consumption3rd degree felony

Learn more about this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

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:

  1. Is 21 or older and not otherwise prohibited
  2. 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
  3. Carries in his own home
  4. Carries in a private vehicle he owns
Why: HB 1927 generally allows persons 21+ who are not otherwise prohibited to carry handguns without a license, but §46.02 still criminalizes carrying while intoxicated, by certain prohibited persons (felons, gang members, those under protective orders, persons recently convicted of certain offenses), and in places under §46.03/§46.035.
Statute: Tex. Penal Code §46.02