# Tex. Penal Code § 46.02: UNLAWFUL CARRYING WEAPONS > Texas · Statutes · Repealed URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.02 ## Section - **Citation:** Tex. Penal Code § 46.02 - **Heading:** UNLAWFUL CARRYING WEAPONS - **Jurisdiction:** Texas - **Kind:** Statutes - **Status:** Repealed - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TX Code / Code pe / Chapter 46 / Section 46.02 ## Text (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and (3) is not: (A) on the person's own premises or premises under the person's control; or (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control. (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which: (1) the handgun is in plain view, unless the person is 21 years of age or older or is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a holster; or (2) the person is: (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; or (B) prohibited by law from possessing a firearm. (a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. (a-4) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife; (2) is younger than 18 years of age at the time of the offense; and (3) is not: (A) on the person's own premises or premises under the person's control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; or (C) under the direct supervision of a parent or legal guardian of the person. (a-5) A person commits an offense if the person carries a handgun and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and (2) is not: (A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or (B) inside of or directly en route to a motor vehicle or watercraft: was partially or wholly visible but was carried in a holster. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and (2) is not: (A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the person's control; or (ii) with the consent of the owner or operator of the vehicle or watercraft. (a-7) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) is not: (A) on the person's own premises or premises under the person's control; or (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; and (3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c). (a-8) If conduct constituting an offense under Subsection (a-7) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-7) or under both provisions. (b) Except as provided by Subsection (d) or (e), an offense under this section is a Class A misdemeanor. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(8), eff. September 1, 2021. (d) An offense under Subsection (a-4) is a Class C misdemeanor. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). ## Nearby sections - [Tex. Penal Code § 46.01 § 46.01. DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.01.md) - [Tex. Penal Code § 46.02 § 46.02. UNLAWFUL CARRYING WEAPONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.02.md) - [Tex. Penal Code § 46.03 § 46.03. PLACES WEAPONS PROHIBITED.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.03.md) - [Tex. Penal Code § 46.04 § 46.04. UNLAWFUL POSSESSION OF FIREARM.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.04.md) - [Tex. Penal Code § 46.05 § 46.05. PROHIBITED WEAPONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.05.md) - [Tex. Penal Code § 46.06 § 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.06.md) - [Tex. Penal Code § 46.07 § 46.07. INTERSTATE PURCHASE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.07.md) - [Tex. Penal Code § 46.08 § 46.08. HOAX BOMBS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.08.md) - [Tex. Penal Code § 46.09 § 46.09. COMPONENTS OF EXPLOSIVES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.09.md) - [Tex. Penal Code § 46.10 § 46.10. DEADLY WEAPON IN PENAL INSTITUTION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.10.md) - [Tex. Penal Code § 46.11 § 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.11.md) - [Tex. Penal Code § 46.12 § 46.12. MAPS AS EVIDENCE OF LOCATION OR AREA.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.12.md) - [Tex. Penal Code § 46.13 § 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.13.md) - [Tex. Penal Code § 46.14 § 46.14. FIREARM SMUGGLING.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.14.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Cpe_C46_S46.02. Check the current official text before relying on it. Not legal advice.