Penal Code · §46.02
Unlawful Carrying of a Weapon
Elements
- A person who is not on the person's own premises or premises under person's control, or inside of or directly en route to a motor vehicle or watercraft owned/leased by the person
- Intentionally, knowingly, or recklessly carries on or about his or her person a handgun
- If the person is younger than 21; OR has been convicted of a Class A misdemeanor or felony involving force/violence in the past 5 years; OR is engaged in criminal activity (other than Class C traffic offense)
- (NOTE: Texas's 2021 "Constitutional Carry" law repealed the licensure requirement for adults 21+ who are not prohibited from possessing a firearm)
Penalty
Class A misdemeanor — up to 1 year county jail + up to $4,000 fine (§12.21).
Enhancements
Third-degree felony if the offense is committed on premises licensed/permitted for sale of alcoholic beverages — 2 to 10 years TDCJ + up to $10,000 fine (§12.34). Other location-specific weapons offenses governed by §46.03 (Places Weapons Prohibited).