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.

To prove this offense, the State must establish each of the following elements: Possession of a handgun in a manner not authorized; While intoxicated, prohibited from possession, or in prohibited places, etc.; Class A misdemeanor (default UCW).

The base classification is Class A misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Possession of a handgun in a manner not authorized
  • While intoxicated, prohibited from possession, or in prohibited places, etc.
  • Class A misdemeanor (default UCW)
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 toStatute
Premises licensed to sell alcohol for on-premises consumption3rd degree felony§46.02(c)

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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