Unlawful carry in Texas covers a handful of distinct offenses: carrying a handgun when you’re under 21 or have a recent disqualifying conviction, carrying while intoxicated, carrying in a vehicle with the handgun in plain view and not in a holster, and carrying in places the Penal Code sets off-limits. Most violations are Class A misdemeanors, but several rise to felonies.1State of Texas. Texas Penal Code § 46.02
What Makes Carrying a Handgun Unlawful
Under § 46.02, it’s an offense for a person under 21, or a person with certain recent convictions, to carry a handgun in most public places. Eligible adults can carry, but the manner still matters. In a vehicle or watercraft, the handgun must not be in plain view unless it’s in a holster. And carrying a handgun while intoxicated is prohibited regardless of whether you’re on your own property or in your own vehicle.1State of Texas. Texas Penal Code § 46.02
Places Where Carry Is Prohibited
Section 46.03 lists locations where carrying is barred even for otherwise eligible carriers:2State of Texas. Texas Penal Code § 46.03
- Schools and educational institutions
- Polling places on election days
- Courts and offices used by the court
- Racetracks and secured areas of airports
- Establishments earning 51% or more of their income from alcohol sales
- Hospitals and nursing homes
- Government meetings subject to open meeting laws
Private property owners can also ban firearms by posting the notices required for License to Carry holders. If you receive notice that firearms aren’t allowed and don’t leave, you can face trespassing charges.3State of Texas. Texas Penal Code § 30.06
Who Cannot Legally Possess a Firearm
A person convicted of a felony in Texas cannot possess a firearm for five years after completing the sentence, including parole or supervision. After that five-year window, possession is only permitted at the premises where the person lives.4State of Texas. Texas Penal Code § 46.04
Federal law adds further categories of prohibited possessors:5ATF. Identify Prohibited Persons
- People convicted of domestic violence misdemeanors
- People subject to certain court orders restraining them from threatening an intimate partner or child
- People discharged from the military under dishonorable conditions
- People who have renounced U.S. citizenship
- People in the country illegally
Other Weapons Covered
Long guns aren’t subject to the same carry rules as handguns, but displaying any firearm in a manner calculated to alarm others can support a disorderly conduct charge. State law also prohibits possession of machine guns, short-barrel firearms, and silencers unless they’re registered with the federal government.1State of Texas. Texas Penal Code § 46.026State of Texas. Texas Penal Code § 42.017State of Texas. Texas Penal Code § 46.05
The Penal Code defines “location-restricted knives” as knives with blades longer than five and a half inches, and bans them in many of the same sensitive locations as firearms, including schools and correctional facilities. Brass knuckles are legal to possess, but using or carrying them alongside other criminal activity can still bring consequences.8State of Texas. Texas Penal Code § 46.01
Penalties
Most general unlawful carry offenses under § 46.02 are Class A misdemeanors. Some violations are treated more seriously: possessing a firearm as a felon, or carrying a handgun in a prohibited location such as a bar or polling place, can be charged as a felony.1State of Texas. Texas Penal Code § 46.02
Who Is Exempt
Section 46.15 exempts certain people from many carry restrictions based on their role. That group includes peace officers, members of the military, and certain government officials. Judges, prosecutors, and licensed security officers may also have exemptions that depend on their licensing and the circumstances of the carry.9State of Texas. Texas Penal Code § 46.15