CHAPTER 46. WEAPONS
PENAL CODE
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
CHAPTER 46. WEAPONS
Sec. 46.01. DEFINITIONS. In this chapter:
(1) "Club" means an instrument that is specially designed, made,
or adapted for the purpose of inflicting serious bodily injury or
death by striking a person with the instrument, and includes but
is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
(2) "Explosive weapon" means any explosive or incendiary bomb,
grenade, rocket, or mine, that is designed, made, or adapted for
the purpose of inflicting serious bodily injury, death, or
substantial property damage, or for the principal purpose of
causing such a loud report as to cause undue public alarm or
terror, and includes a device designed, made, or adapted for
delivery or shooting an explosive weapon.
(3) "Firearm" means any device designed, made, or adapted to
expel a projectile through a barrel by using the energy generated
by an explosion or burning substance or any device readily
convertible to that use. Firearm does not include a firearm that
may have, as an integral part, a folding knife blade or other
characteristics of weapons made illegal by this chapter and that
is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before
1899, but only if the replica does not use rim fire or center
fire ammunition.
(4) "Firearm silencer" means any device designed, made, or
adapted to muffle the report of a firearm.
(5) "Handgun" means any firearm that is designed, made, or
adapted to be fired with one hand.
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being
thrown;
(C) dagger, including but not limited to a dirk, stiletto, and
poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
(7) "Knife" means any bladed hand instrument that is capable of
inflicting serious bodily injury or death by cutting or stabbing
a person with the instrument.
(8) "Knuckles" means any instrument that consists of finger
rings or guards made of a hard substance and that is designed,
made, or adapted for the purpose of inflicting serious bodily
injury or death by striking a person with a fist enclosed in the
knuckles.
(9) "Machine gun" means any firearm that is capable of shooting
more than two shots automatically, without manual reloading, by a
single function of the trigger.
(10) "Short-barrel firearm" means a rifle with a barrel length
of less than 16 inches or a shotgun with a barrel length of less
than 18 inches, or any weapon made from a shotgun or rifle if, as
altered, it has an overall length of less than 26 inches.
(11) "Switchblade knife" means any knife that has a blade that
folds, closes, or retracts into the handle or sheath and that
opens automatically by pressure applied to a button or other
device located on the handle or opens or releases a blade from
the handle or sheath by the force of gravity or by the
application of centrifugal force. The term does not include a
knife that has a spring, detent, or other mechanism designed to
create a bias toward closure and that requires exertion applied
to the blade by hand, wrist, or arm to overcome the bias toward
closure and open the knife.
(12) "Armor-piercing ammunition" means handgun ammunition that
is designed primarily for the purpose of penetrating metal or
body armor and to be used principally in pistols and revolvers.
(13) "Hoax bomb" means a device that:
(A) reasonably appears to be an explosive or incendiary device;
or
(B) by its design causes alarm or reaction of any type by an
official of a public safety agency or a volunteer agency
organized to deal with emergencies.
(14) "Chemical dispensing device" means a device, other than a
small chemical dispenser sold commercially for personal
protection, that is designed, made, or adapted for the purpose of
dispensing a substance capable of causing an adverse
psychological or physiological effect on a human being.
(15) "Racetrack" has the meaning assigned that term by the Texas
Racing Act (Article 179e, Vernon's Texas Civil Statutes).
(16) "Zip gun" means a device or combination of devices that was
not originally a firearm and is adapted to expel a projectile
through a smooth-bore or rifled-bore barrel by using the energy
generated by an explosion or burning substance.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 917, ch. 342, Sec. 13, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 1,
eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, Sec.
1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec.
5.01(a)(46), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 749,
Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 229, Sec.
1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1445, Sec. 1, eff.
Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 12A.001, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1199, Sec. 1, eff. September 1, 2009.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) 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:
(1) on the person's own premises or premises under the person's
control; or
(2) inside of or directly en route to a motor vehicle 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 that is owned by the person or under
the person's control at any time in which:
(1) the handgun is in plain view; 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;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
71.01.
(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.
(b) Except as provided by Subsection (c), an offense under this
section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic
beverages.
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, Sec. 1, eff. September 1, 2007.
Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an
offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm, illegal knife, club, or
prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational
institution, any grounds or building on which an activity
sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election
or while early voting is in progress;
(3) on the premises of any government court or offices utilized
by the court, unless pursuant to written regulations or written
authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is
designated by the Texas Department of Criminal Justice as a place
of execution under Article 43.19, Code of Criminal Procedure, on
a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed
under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within
1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections (a)(1)-(4)
that the actor possessed a firearm while in the actual discharge
of his official duties as a member of the armed forces or
national guard or a guard employed by a penal institution, or an
officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
(2) "Secured area" means an area of an airport terminal building
to which access is controlled by the inspection of persons and
property under federal law.
(d) It is a defense to prosecution under Subsection (a)(5) that
the actor possessed a firearm or club while traveling to or from
the actor's place of assignment or in the actual discharge of
duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Private
Security Board if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(4) a security officer who holds a personal protection
authorization under Chapter 1702, Occupations Code, provided that
the officer is either:
(A) wearing the uniform of a security officer, including any
uniform or apparel described by Section 1702.323(d), Occupations
Code, and carrying the officer's firearm in plain view; or
(B) not wearing the uniform of a security officer and carrying
the officer's firearm in a concealed manner.
(e) It is a defense to prosecution under Subsection (a)(5) that
the actor checked all firearms as baggage in accordance with
federal or state law or regulations before entering a secured
area.
(f) It is not a defense to prosecution under this section that
the actor possessed a handgun and was licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government
Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4) that
the actor possessed a firearm or club while traveling to or from
the actor's place of assignment or in the actual discharge of
duties as a security officer commissioned by the Texas Board of
Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection (a)(6)
that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road; or
(2) at the actor's residence or place of employment.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, Sec. 1, eff.
Aug. 29, 1983; Acts 1989, 71st Leg., ch. 749, Sec. 2, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 203, Sec. 2.79; Acts 1991,
72nd Leg., ch. 386, Sec. 71, eff. Aug. 26, 1991; Acts 1991, 72nd
Leg., ch. 433, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg.,
ch. 554, Sec. 50, eff. Sept. 1, 1991. Renumbered from Penal Code
Sec. 46.04 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. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260,
Sec. 42, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 318, Sec.
17, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 17,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.03,
31.01(70), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1043,
Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec.
2, 3, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec.
25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1060, Sec. 1, 2
eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1178, Sec. 3, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1146, Sec. 4B.21, eff. September 1, 2009.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license holder
carries a handgun on or about the license holder's person under
the authority of Subchapter H, Chapter 411, Government Code, and
intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder
intentionally, knowingly, or recklessly carries a handgun under
the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) on the premises of a business that has a permit or license
issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage
Code, if the business derives 51 percent or more of its income
from the sale or service of alcoholic beverages for on-premises
consumption, as determined by the Texas Alcoholic Beverage
Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or
professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event
and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241,
Health and Safety Code, or on the premises of a nursing home
licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or
nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established
place of religious worship.
(c) A license holder commits an offense if the license holder
intentionally, knowingly, or recklessly carries a handgun under
the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, at any meeting of
a governmental entity.
(d) A license holder commits an offense if, while intoxicated,
the license holder carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code, regardless of whether
the handgun is concealed.
(e) A license holder who is licensed as a security officer under
Chapter 1702, Occupations Code, and employed as a security
officer commits an offense if, while in the course and scope of
the security officer's employment, the security officer violates
a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor
facility or park where amusement rides are available for use by
the public that is located in a county with a population of more
than one million, encompasses at least 75 acres in surface area,
is enclosed with access only through controlled entries, is open
for operation more than 120 days in each calendar year, and has
security guards on the premises at all times. The term does not
include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
(2) "License holder" means a person licensed to carry a handgun
under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a building. The
term does not include any public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other
parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e) is a
Class A misdemeanor, unless the offense is committed under
Subsection (b)(1) or (b)(3), in which event the offense is a
felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) that the
actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have
been justified in the use of deadly force under Chapter 9.
Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch.
1214, Sec. 2
(h-1) It is a defense to prosecution under Subsections (b) and
(c) that the actor, at the time of the commission of the offense,
was:
(1) an active judicial officer, as defined by Section 411.201,
Government Code; or
(2) a bailiff designated by the active judicial officer and
engaged in escorting the officer.
Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch.
1222, Sec. 5
(h-1) It is a defense to prosecution under Subsections (b)(1),
(2), and (4)-(6), and (c) that at the time of the commission of
the offense, the actor was:
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section 411.201,
Government Code; or
(3) a district attorney, assistant district attorney, criminal
district attorney, assistant criminal district attorney, county
attorney, or assistant county attorney.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if
the actor was not given effective notice under Section 30.06.
(j) Subsections (a) and (b)(1) do not apply to a historical
reenactment performed in compliance with the rules of the Texas
Alcoholic Beverage Commission.
(k) It is a defense to prosecution under Subsection (b)(1) that
the actor was not given effective notice under Section 411.204,
Government Code.
Added by Acts 1995, 74th Leg., ch. 229, Sec. 4, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.04, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 26, 27, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 14.833, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
976, Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1214, Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1222, Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
687, Sec. 1, eff. September 1, 2009.
Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who
has been convicted of a felony commits an offense if he possesses
a firearm:
(1) after conviction and before the fifth anniversary of the
person's release from confinement following conviction of the
felony or the person's release from supervision under community
supervision, parole, or mandatory supervision, whichever date is
later; or
(2) after the period described by Subdivision (1), at any
location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under Section
22.01, punishable as a Class A misdemeanor and involving a member
of the person's family or household, commits an offense if the
person possesses a firearm before the fifth anniversary of the
later of:
(1) the date of the person's release from confinement following
conviction of the misdemeanor; or
(2) the date of the person's release from community supervision
following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by Section
1.07, actively engaged in employment as a sworn, full-time paid
employee of a state agency or political subdivision, who is
subject to an order issued under Section 6.504 or Chapter 85,
Family Code, under Article 17.292 or Chapter 7A, Code of Criminal
Procedure, or by another jurisdiction as provided by Chapter 88,
Family Code, commits an offense if the person possesses a firearm
after receiving notice of the order and before expiration of the
order.
(d) In this section, "family," "household," and "member of a
household" have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (b) or (c) is a Class A
misdemeanor.
(f) For the purposes of this section, an offense under the laws
of this state, another state, or the United States is, except as
provided by Subsection (g), a felony if, at the time it is
committed, the offense:
(1) is designated by a law of this state as a felony;
(2) contains all the elements of an offense designated by a law
of this state as a felony; or
(3) is punishable by confinement for one year or more in a
penitentiary.
(g) An offense is not considered a felony for purposes of
Subsection (f) if, at the time the person possesses a firearm,
the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated
by a law of this state as a felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Renumbered from Penal Code Sec. 46.05 and amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by
Acts 2001, 77th Leg., ch. 23, Sec. 2, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 836, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1146, Sec. 11.24, eff. September 1, 2009.
Sec. 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY
FELON. (a) In this section, "metal or body armor" means any
body covering manifestly designed, made, or adapted for the
purpose of protecting a person against gunfire.
(b) A person who has been convicted of a felony commits an
offense if after the conviction the person possesses metal or
body armor.
(c) An offense under this section is a felony of the third
degree.
Added by Acts 2001, 77th Leg., ch. 452, Sec. 1, eff. Sept. 1,
2001.
Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.
(b) It is a defense to prosecution under this section that the
actor's conduct was incidental to the performance of official
duty by the armed forces or national guard, a governmental law
enforcement agency, or a correctional facility.
(c) It is a defense to prosecution under this section that the
actor's possession was pursuant to registration pursuant to the
National Firearms Act, as amended.
(d) It is an affirmative defense to prosecution under this
section that the actor's conduct:
(1) was incidental to dealing with a switchblade knife,
springblade knife, or short-barrel firearm solely as an antique
or curio; or
(2) was incidental to dealing with armor-piercing ammunition
solely for the purpose of making the ammunition available to an
organization, agency, or institution listed in Subsection (b).
(e) An offense under this section is a felony of the third
degree unless it is committed under Subsection (a)(5) or (a)(6),
in which event, it is a Class A misdemeanor.
(f) It is a defense to prosecution under this section for the
possession of a chemical dispensing device that the actor is a
security officer and has received training on the use of the
chemical dispensing device by a training program that is:
(1) provided by the Commission on Law Enforcement Officer
Standards and Education; or
(2) approved for the purposes described by this subsection by
the Texas Private Security Board of the Department of Public
Safety.
(g) In Subsection (f), "security officer" means a commissioned
security officer as defined by Section 1702.002, Occupations
Code, or a noncommissioned security officer registered under
Section 1702.221, Occupations Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 15, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 2,
eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, Sec.
2, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec.
5.01(a)(47), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229,
Sec. 2, eff. Sept. 1, 1991; Renumbered from Penal Code Sec. 46.06
and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1071, Sec. 1, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1035, Sec. 2.01, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1278, Sec. 7, eff. September 1, 2005.
Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person
commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to any
person knowing that the person to whom the handgun is to be
delivered intends to use it unlawfully or in the commission of an
unlawful act;
(2) intentionally or knowingly sells, rents, leases, or gives or
offers to sell, rent, lease, or give to any child younger than 18
years any firearm, club, or illegal knife;
(3) intentionally, knowingly, or recklessly sells a firearm or
ammunition for a firearm to any person who is intoxicated;
(4) knowingly sells a firearm or ammunition for a firearm to any
person who has been convicted of a felony before the fifth
anniversary of the later of the following dates:
(A) the person's release from confinement following conviction
of the felony; or
(B) the person's release from supervision under community
supervision, parole, or mandatory supervision following
conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to any
person knowing that an active protective order is directed to the
person to whom the handgun is to be delivered; or
(6) knowingly purchases, rents, leases, or receives as a loan or
gift from another a handgun while an active protective order is
directed to the actor.
(b) In this section:
(1) "Intoxicated" means substantial impairment of mental or
physical capacity resulting from introduction of any substance
into the body.
(2) "Active protective order" means a protective order issued
under Title 4, Family Code, that is in effect. The term does not
include a temporary protective order issued before the court
holds a hearing on the matter.
(c) It is an affirmative defense to prosecution under Subsection
(a)(2) that the transfer was to a minor whose parent or the
person having legal custody of the minor had given written
permission for the sale or, if the transfer was other than a
sale, the parent or person having legal custody had given
effective consent.
(d) An offense under this section is a Class A misdemeanor,
except that an offense under Subsection (a)(2) is a state jail
felony if the weapon that is the subject of the offense is a
handgun.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1985, 69th Leg., ch. 686, Sec. 1, eff. Sept. 1,
1985. Renumbered from Penal Code Sec. 46.07 and amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended
by Acts 1995, 74th Leg., ch. 324, Sec. 1, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 1193, Sec. 22, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1304, Sec. 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 62, Sec. 15.02(f), eff. Sept. 1, 1999.
Sec. 46.07. INTERSTATE PURCHASE. A resident of this state may,
if not otherwise precluded by law, purchase firearms, ammunition,
reloading components, or firearm accessories in another state.
This authorization is enacted in conformance with 18 U.S.C.
Section 922(b)(3)(A).
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Renumbered from Penal Code Sec. 46.08 by Acts 1993, 73rd Leg.,
ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
280, Sec. 1, eff. May 30, 2009.
Sec. 46.08. HOAX BOMBS. (a) A person commits an offense if the
person knowingly manufactures, sells, purchases, transports, or
possesses a hoax bomb with intent to use the hoax bomb to:
(1) make another believe that the hoax bomb is an explosive or
incendiary device; or
(2) cause alarm or reaction of any type by an official of a
public safety agency or volunteer agency organized to deal with
emergencies.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 3, eff.
Sept. 1, 1983. Renumbered from Penal Code Sec. 46.09 by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 46.09. COMPONENTS OF EXPLOSIVES. (a) A person commits an
offense if the person knowingly possesses components of an
explosive weapon with the intent to combine the components into
an explosive weapon for use in a criminal endeavor.
(b) An offense under this section is a felony of the third
degree.
Added by Acts 1983, 68th Leg., p. 4832, ch. 852, Sec. 4, eff.
Sept. 1, 1983. Renumbered from Penal Code Sec. 46.10 by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION. (a) A person
commits an offense if, while confined in a penal institution, he
intentionally, knowingly, or recklessly:
(1) carries on or about his person a deadly weapon; or
(2) possesses or conceals a deadly weapon in the penal
institution.
(b) It is an affirmative defense to prosecution under this
section that at the time of the offense the actor was engaged in
conduct authorized by an employee of the penal institution.
(c) A person who is subject to prosecution under both this
section and another section under this chapter may be prosecuted
under either section.
(d) An offense under this section is a felony of the third
degree.
Added by Acts 1985, 69th Leg., ch. 46, Sec. 1, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 714, Sec. 1, eff.
Sept. 1, 1987. Renumbered from Penal Code Sec. 46.11 by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
SCHOOL ZONE. (a) Except as provided by Subsection (b), the
punishment prescribed for an offense under this chapter is
increased to the punishment prescribed for the next highest
category of offense if it is shown beyond a reasonable doubt on
the trial of the offense that the actor committed the offense in
a place that the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place; or
(B) an event sponsored or sanctioned by the University
Interscholastic League is taking place.
(b) This section does not apply to an offense under Section
46.03(a)(1).
(c) In this section:
(1) "Institution of higher education" and "premises" have the
meanings assigned by Section 481.134, Health and Safety Code.
(2) "School" means a private or public elementary or secondary
school.
Added by Acts 1995, 74th Leg., ch. 320, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 10, eff.
Sept. 1, 1997.
Sec. 46.12. MAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a
prosecution of an offense for which punishment is increased under
Section 46.11, a map produced or reproduced by a municipal or
county engineer for the purpose of showing the location and
boundaries of weapon-free zones is admissible in evidence and is
prima facie evidence of the location or boundaries of those areas
if the governing body of the municipality or county adopts a
resolution or ordinance approving the map as an official finding
and record of the location or boundaries of those areas.
(b) A municipal or county engineer may, on request of the
governing body of the municipality or county, revise a map that
has been approved by the governing body of the municipality or
county as provided by Subsection (a).
(c) A municipal or county engineer shall file the original or a
copy of every approved or revised map approved as provided by
Subsection (a) with the county clerk of each county in which the
area is located.
(d) This section does not prevent the prosecution from:
(1) introducing or relying on any other evidence or testimony to
establish any element of an offense for which punishment is
increased under Section 46.11; or
(2) using or introducing any other map or diagram otherwise
admissible under the Texas Rules of Evidence.
Added by Acts 1995, 74th Leg., ch. 320, Sec. 2, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 16.004, eff. September 1, 2005.
Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In
this section:
(1) "Child" means a person younger than 17 years of age.
(2) "Readily dischargeable firearm" means a firearm that is
loaded with ammunition, whether or not a round is in the chamber.
(3) "Secure" means to take steps that a reasonable person would
take to prevent the access to a readily dischargeable firearm by
a child, including but not limited to placing a firearm in a
locked container or temporarily rendering the firearm inoperable
by a trigger lock or other means.
(b) A person commits an offense if a child gains access to a
readily dischargeable firearm and the person with criminal
negligence:
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person knew or
should have known the child would gain access.
(c) It is an affirmative defense to prosecution under this
section that the child's access to the firearm:
(1) was supervised by a person older than 18 years of age and
was for hunting, sporting, or other lawful purposes;
(2) consisted of lawful defense by the child of people or
property;
(3) was gained by entering property in violation of this code;
or
(4) occurred during a time when the actor was engaged in an
agricultural enterprise.
(d) Except as provided by Subsection (e), an offense under this
section is a Class C misdemeanor.
(e) An offense under this section is a Class A misdemeanor if
the child discharges the firearm and causes death or serious
bodily injury to himself or another person.
(f) A peace officer or other person may not arrest the actor
before the seventh day after the date on which the offense is
committed if:
(1) the actor is a member of the family, as defined by Section
71.003, Family Code, of the child who discharged the firearm; and
(2) the child in discharging the firearm caused the death of or
serious injury to the child.
(g) A dealer of firearms shall post in a conspicuous position on
the premises where the dealer conducts business a sign that
contains the following warning in block letters not less than one
inch in height:
"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED
FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN
ACCESS TO THE FIREARM."
Added by Acts 1995, 74th Leg., ch. 83, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 15.02(g),
eff. Sept. 1, 1999.
Sec. 46.14. FIREARM SMUGGLING. (a) A person commits an offense
if the person knowingly engages in the business of transporting
or transferring a firearm that the person knows was acquired in
violation of the laws of any state or of the United States. For
purposes of this subsection, a person is considered to engage in
the business of transporting or transferring a firearm if the
person engages in that conduct:
(1) on more than one occasion; or
(2) for profit or any other form of remuneration.
(b) An offense under this section is a felony of the third
degree, unless it is shown on the trial of the offense that the
offense was committed with respect to three or more firearms in a
single criminal episode, in which event the offense is a felony
of the second degree.
(c) This section does not apply to a peace officer who is
engaged in the actual discharge of an official duty.
(d) If conduct that constitutes an offense under this section
also constitutes an offense under any other law, the actor may be
prosecuted under this section, the other law, or both.
Added by Acts 2009, 81st Leg., R.S., Ch.
153, Sec. 1, eff. September 1, 2009.
Sec. 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do
not apply to:
(1) peace officers or special investigators under Article 2.122,
Code of Criminal Procedure, and neither section prohibits a peace
officer or special investigator from carrying a weapon in this
state, including in an establishment in this state serving the
public, regardless of whether the peace officer or special
investigator is engaged in the actual discharge of the officer's
or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an officer
from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the officer's duties
while carrying the weapon; and
(B) in compliance with policies and procedures adopted by the
Texas Department of Criminal Justice regarding the possession of
a weapon by an officer while on duty;
(3) community supervision and corrections department officers
appointed or employed under Section 76.004, Government Code, and
neither section prohibits an officer from carrying a weapon in
this state if the officer is:
(A) engaged in the actual discharge of the officer's duties
while carrying the weapon; and
(B) authorized to carry a weapon under Section 76.0051,
Government Code;
(4) a judge or justice of a federal court, the supreme court,
the court of criminal appeals, a court of appeals, a district
court, a criminal district court, a constitutional county court,
a statutory county court, a justice court, or a municipal court
who is licensed to carry a concealed handgun under Subchapter H,
Chapter 411, Government Code;
(5) an honorably retired peace officer or federal criminal
investigator who holds a certificate of proficiency issued under
Section 1701.357, Occupations Code, and is carrying a photo
identification that:
(A) verifies that the officer honorably retired after not less
than 15 years of service as a commissioned officer; and
(B) is issued by a state or local law enforcement agency;
(6) a district attorney, criminal district attorney, county
attorney, or municipal attorney who is licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government
Code;
(7) an assistant district attorney, assistant criminal district
attorney, or assistant county attorney who is licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government
Code;
(8) a bailiff designated by an active judicial officer as
defined by Section 411.201, Government Code, who is:
(A) licensed to carry a concealed handgun under Chapter 411,
Government Code; and
(B) engaged in escorting the judicial officer; or
(9) a juvenile probation officer who is authorized to carry a
firearm under Section 142.006, Human Resources Code.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of
the armed forces or state military forces as defined by Section
431.001, Government Code, or as a guard employed by a penal
institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting
activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence or motor vehicle, if the weapon is a type commonly used
in the activity;
(4) holds a security officer commission issued by the Texas
Private Security Board, if the person is engaged in the
performance of the person's duties as an officer commissioned
under Chapter 1702, Occupations Code, or is traveling to or from
the person's place of assignment and is wearing the officer's
uniform and carrying the officer's weapon in plain view;
(5) acts as a personal protection officer and carries the
person's security officer commission and personal protection
officer authorization, if the person:
(A) is engaged in the performance of the person's duties as a
personal protection officer under Chapter 1702, Occupations Code,
or is traveling to or from the person's place of assignment; and
(B) is either:
(i) wearing the uniform of a security officer, including any
uniform or apparel described by Section 1702.323(d), Occupations
Code, and carrying the officer's weapon in plain view; or
(ii) not wearing the uniform of a security officer and carrying
the officer's weapon in a concealed manner;
(6) is carrying a concealed handgun and a valid license issued
under Subchapter H, Chapter 411, Government Code, to carry a
concealed handgun of the same category as the handgun the person
is carrying;
(7) holds an alcoholic beverage permit or license or is an
employee of a holder of an alcoholic beverage permit or license
if the person is supervising the operation of the permitted or
licensed premises; or
(8) is a student in a law enforcement class engaging in an
activity required as part of the class, if the weapon is a type
commonly used in the activity and the person is:
(A) on the immediate premises where the activity is conducted;
or
(B) en route between those premises and the person's residence
and is carrying the weapon unloaded.
(c) The provision of Section 46.02 prohibiting the carrying of a
club does not apply to a noncommissioned security guard at an
institution of higher education who carries a nightstick or
similar club, and who has undergone 15 hours of training in the
proper use of the club, including at least seven hours of
training in the use of the club for nonviolent restraint. For the
purposes of this subsection, "nonviolent restraint" means the use
of reasonable force, not intended and not likely to inflict
bodily injury.
(d) The provisions of Section 46.02 prohibiting the carrying of
a firearm or carrying of a club do not apply to a public security
officer employed by the adjutant general under Section 431.029,
Government Code, in performance of official duties or while
traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the carrying of
an illegal knife do not apply to an individual carrying a bowie
knife or a sword used in a historical demonstration or in a
ceremony in which the knife or sword is significant to the
performance of the ceremony.
(f) Section 46.03(a)(6) does not apply to a person who possesses
a firearm or club while in the actual discharge of official
duties as:
(1) a member of the armed forces or state military forces, as
defined by Section 431.001, Government Code; or
(2) an employee of a penal institution.
(g) The provisions of Sections 46.02 and 46.03 prohibiting the
possession or carrying of a club do not apply to an animal
control officer who holds a certificate issued under Section
829.006, Health and Safety Code, and who possesses or carries an
instrument used specifically for deterring the bite of an animal
while the officer is in the performance of official duties under
the Health and Safety Code or is traveling to or from a place of
duty.
(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(1),
eff. September 1, 2007.
(i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(2),
eff. September 1, 2007.
(j) The provisions of Section 46.02 prohibiting the carrying of
a handgun do not apply to an individual who carries a handgun as
a participant in a historical reenactment performed in accordance
with the rules of the Texas Alcoholic Beverage Commission.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 18, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1221, Sec. 4, eff.
June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 28, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 9.25, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1445, Sec. 2, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 1060, Sec. 3, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 325, Sec. 2, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 421, Sec. 1, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 795, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
288, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
728, Sec. 23.001(78), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
976, Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1093, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1093, Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1179, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1179, Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
647, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
693, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
693, Sec. 3(1), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
693, Sec. 3(2), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 17.001(62), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1048, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1214, Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1222, Sec. 6, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 19.004, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
299, Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
794, Sec. 4, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1146, Sec. 4B.22, eff. September 1, 2009.