Transportation 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

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Worked examples

Worked example 1

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?

  1. No — handguns are now legal under permitless carry, period
  2. 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
  3. Only with consent
  4. Only after backup arrives
Why: Permitless carry allows non-prohibited adults 21+ to carry handguns without a license, but officers may still investigate to confirm lawful possession. Officers may take reasonable steps for safety (e.g., temporarily securing the firearm during an encounter on reasonable safety grounds).
Statute: Tex. Penal Code §46.02; HB 1927 (2021)