Tex. Codes » Penal Code · TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS · CHAPTER 46. WEAPONS
Texas Codes

Tex. Penal Code § 46.02 (2026)

Unlawful Carrying Weapons

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (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:

(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).

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, Sec. 1, eff. Sept. 1, 1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 1, eff. September 1, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 679 (H.B. 25), Sec. 1, eff. September 1, 2011.

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 45, eff. January 1, 2016.

Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 4, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 1, eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 481 (H.B. 2112), Sec. 3, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 518 (S.B. 550), Sec. 4, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 22, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(8), eff. September 1, 2021.

Notes of Decisions
Cited in 325 cases (50 in the last 5 years), 1978–2026 · leading case: Moosani v. State, 914 S.W.2d 569 (Tex. Crim. App. 1995).
Sort: Relevance Newest Treatment
Moosani v. State, 914 S.W.2d 569 (Tex. Crim. App. 1995). · cites it 18× “Tex.Penal Code Ann. § 46.02. [1] At trial, appellant contended he was entitled to the common law defense which permits one to carry a handgun between his home and work.”
Ex parte Flores, 483 S.W.3d 632 (Tex. App. 2015). · cites it 4× “See Tex. Pen. Code Ann. §§ 46.02 (a-l)(2)(C), 71.”
Woods v. State, 956 S.W.2d 33 (Tex. Crim. App. 1997). · cites it 2× “TEX. PEN.CODE ANN. § 46.02(a) (Vernon 1994).”
Ex Parte Gonzalez, 147 S.W.3d 474 (Tex. App. 2004). · cites it 4× “BACKGROUND Defendant and a co-defendant were found in an automobile in the parking lot *476 of a premises licensed to sell alcoholic beverages with an illegal knife and two handguns in violation of Texas Penal Code section 46.02 (“Unlawful Carrying Weapon”).”
United States v. Medina-Anicacio, 325 F.3d 638 (5th Cir. 2003). · cites it 2× “Yet, as the Court recognized, "unlawfully carrying a firearm or other weapon identified in Tex. Penal Code § 46.02 into a place licensed or permitted to sell alcoholic beverages is not a 'crime of violence’ even though a subsequent shooting would leave the shooter open to other…”
Chiarini v. State, 442 S.W.3d 318 (Tex. Crim. App. 2014). · cites it 5× “Appellant was convicted of unlawfully carrying a weapon under Texas Penal Code § 46.02. On appeal, appellant challenged the legal sufficiency of the evidence.”
Tracy Blaine Francis v. State, 445 S.W.3d 307 (Tex. App. 2013). · cites it 4× “TEX. PENAL CODE ANN. § 46.02. Pertinent here, subsection (a) provides that “[a] person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not .”
Birch v. State, 948 S.W.2d 880 (Tex. App. 1997). · cites it 5× “See Tex. Penal Code Ann. § 46.02 (a) (Vernon 1994).”
Sorenson v. Ferrie, 134 F.3d 325 (5th Cir. 1998). · cites it 3× “Sorenson was charged with unlawfully carrying a weapon in violation of Tex. Penal Code Ann. § 46.02 (a), which provides that “[a] person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.”
Mathonican v. State, 194 S.W.3d 59 (Tex. App. 2006). · cites it 2× “ref'd) (TEX. PEN.CODE ANN. § 46.02 ( Vernon 2003 ), unlawfully carrying weapon).”
Brooks v. Dretke, 418 F.3d 430 (5th Cir. 2005). · cites it 2× “”); Tex. Penal Code Ann. § 46.02 (e) (Vernon 1994) (offense is class A misdemeanor).”
Griffith v. State, 166 S.W.3d 261 (Tex. Crim. App. 2005). · cites it 2× “See Tex. Pen.Code § 46.02. The offense alleged was a third-degree felony.”
Show all 325 citing cases →
— Tex. Penal Code § 46.02(a) — 43 cases
Woods v. State, 956 S.W.2d 33 (Tex. Crim. App. 1997). “TEX. PEN.CODE ANN. § 46.02(a) (Vernon 1994).”
Moosani v. State, 914 S.W.2d 569 (Tex. Crim. App. 1995). “Tex.Penal Code Ann. § 46.02. [1] At trial, appellant contended he was entitled to the common law defense which permits one to carry a handgun between his home and work.”
Carmen v. State, 276 S.W.3d 538 (Tex. App. 2008).
Natl Rifle Assn of Am. Inc v. Steven Mc, 719 F.3d 338 (5th Cir. 2013).
Lee v. State, 259 S.W.3d 785 (Tex. App. 2008).
— Tex. Penal Code § 46.02(a)(1) — 4 cases
State v. Rendon, 477 S.W.3d 805 (Tex. Crim. App. 2015).
Chiarini v. State, 442 S.W.3d 318 (Tex. Crim. App. 2014). “Appellant was convicted of unlawfully carrying a weapon under Texas Penal Code § 46.02. On appeal, appellant challenged the legal sufficiency of the evidence.”
Tracy Blaine Francis v. State, 445 S.W.3d 307 (Tex. App. 2013). “TEX. PENAL CODE ANN. § 46.02. Pertinent here, subsection (a) provides that “[a] person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not .”
Ijah Iwasey Baltimore v. the State of Texas (Tex. App. 2022).
— Tex. Penal Code § 46.02(a)(2) — 2 cases
Chiarini v. State, 442 S.W.3d 318 (Tex. Crim. App. 2014). “Appellant was convicted of unlawfully carrying a weapon under Texas Penal Code § 46.02. On appeal, appellant challenged the legal sufficiency of the evidence.”
Chadrick Otis Haven v. State (Tex. App. 2016).
— Tex. Penal Code § 46.02(b) — 2 cases
Moosani v. State, 914 S.W.2d 569 (Tex. Crim. App. 1995). “Tex.Penal Code Ann. § 46.02. [1] At trial, appellant contended he was entitled to the common law defense which permits one to carry a handgun between his home and work.”
Chiarini v. State, 442 S.W.3d 318 (Tex. Crim. App. 2014). “Appellant was convicted of unlawfully carrying a weapon under Texas Penal Code § 46.02. On appeal, appellant challenged the legal sufficiency of the evidence.”
— Tex. Penal Code § 46.02(b)(3) — 3 cases
Moosani v. State, 914 S.W.2d 569 (Tex. Crim. App. 1995). “Tex.Penal Code Ann. § 46.02. [1] At trial, appellant contended he was entitled to the common law defense which permits one to carry a handgun between his home and work.”
Birch v. State, 948 S.W.2d 880 (Tex. App. 1997). “See Tex. Penal Code Ann. § 46.02 (a) (Vernon 1994).”
United States v. MacCready, 878 F. Supp. 976 (W.D. Tex. 1995).
— Tex. Penal Code § 46.02(c) — 9 cases
United States v. Medina-Anicacio, 325 F.3d 638 (5th Cir. 2003). “Yet, as the Court recognized, "unlawfully carrying a firearm or other weapon identified in Tex. Penal Code § 46.02 into a place licensed or permitted to sell alcoholic beverages is not a 'crime of violence’ even though a subsequent shooting would leave the shooter open to other…”
Crosby v. State, 750 S.W.2d 768 (Tex. Crim. App. 1987).
United States v. Hernandez-Neave, 291 F.3d 296 (5th Cir. 2001).
Garcia v. State, 649 S.W.2d 697 (Tex. App. 1983).
Terry v. State, 877 S.W.2d 68 (Tex. App. 1994).
— Tex. Penal Code § 46.02(e) — 1 case
Smith v. State, 944 S.W.2d 453 (Tex. App. 1997).
— Tex. Penal Code § 46.02(e)(1) — 1 case
Kendrick Jarrell Smith v. the State of Texas (Tex. App. 2025).
— Tex. Penal Code § 46.02(f) — 2 cases
Rivera v. State, 948 S.W.2d 365 (Tex. App. 1997).
Unknown.
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.