Section 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).Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 809,Sec. 26, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 809,Sec. 22, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 518,Sec. 4, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 481,Sec. 3, eff. 9/1/2021.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 216,Sec. 1, eff. 9/1/2019.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1049,Sec. 4, eff. 9/1/2017.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 437,Sec. 45, eff. 1/1/2016.Amended By Acts 2011, 82nd Leg., R.S., Ch. 679, Sec. 1, eff. 9/1/2011.Amended By Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 1, eff. 9/1/2007.Amended By Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. 9/1/1997Amended By Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. 9/1/1997.Amended By Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. 6/20/1997Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. 9/1/1995Amended By Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. 9/1/1995Amended By Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. 9/1/1995Amended By Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. 9/1/1995Amended By Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. 9/1/19951991, 72nd Leg., ch. 168, Sec. 1, eff. 9/1/1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994.Amended By Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. 9/1/1987Amended By Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. 9/1/1987Amended By Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. 8/29/1983Amended By Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. 8/31/1981Amended By Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. 8/29/1977Amended By Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. 9/1/1975Amended By Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. 6/19/1975Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. 4/15/1975 Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. 1/1/1974.