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: Generally lawful for non-prohibited 21+; Officer can investigate to confirm lawful possession; Officer-safety actions reasonable on totality.
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
- Generally lawful for non-prohibited 21+
- Officer can investigate to confirm lawful possession
- Officer-safety actions reasonable on totality
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 | Statute |
|---|---|---|
| Premises licensed to sell alcohol for on-premises consumption | 3rd degree felony | §46.02(c) |
Practice 1 question on this topic
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Worked examples
SCENARIO. A driver pulled over for speeding has a passenger. The officer notices a handgun in plain view on the passenger's lap. The passenger has no apparent license and no obvious lawful authority. May the officer act?
- No — handguns are now legal under permitless carry, period
- Yes — under permitless carry, possession is generally lawful for non-prohibited adults 21+, but specific facts may still justify investigative detention and seizure (e.g., to verify age, prohibited-person status, intoxication, or place restrictions); officer may take steps for officer safety while investigating Correct
- Only with consent
- Only after backup arrives