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).
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