Texas Penal Code PC46.02 Unlawful Carrying of Weapons.

M

MashieNiblick

Moderator
Per Texas Penal Code
- PC §46.02. UNLAWFUL CARRYING WEAPONS.,

one can only possess a firearm in one's premises, in one's vehicle, or in direct route to one's vehicle.

Shooting ranges, hunting, or ranches are out.

That is unless you possess a Concealed Carry License.


But if one doesn't know he/she is carrying in public- like around the house or in the car, and whoops, i forgot- it's totally legal and they cannot be ticketed.


Yeah Open Carry, and Yeah Texas!


snip - language violation edited - better not be a pattern. Staff . .
 
Last edited by a moderator:
Sec. 46.15. NONAPPLICABILITY.

<Section (a) - LEO, judge, and attorney exemptions omitted>

(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.

<section (c) thru (j) - knife, club, military, and historical reenactment exemptions omitted>
Click to expand...
(emphasis mine)

(b)(2) has you covered on your way to the shooting range or hunt. (b)(3) has you covered at the shooting range or hunting ground.

State laws can be tricky to understand because the exemptions are sometimes contained in other sections. :)
 
Shooting ranges, hunting, or ranches are out.
Click to expand...
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... <remainder of statute omitted>
Click to expand...
If one is carrying on his or her own ranch, he or she is within "the person's own premises".

If one is carrying within a ranch, and the owner or owner's legally authorized agent has given the person permission to carry there, the ranch is "premises under the person's control".

Sec. 46.02 prohibits open carry on public property (roads, parks, government buildings, etc.) and private property where one does not have explicit and specific permission to carry a handgun.
 
Ahhhh, fantastic! Thanks for pointing that out. i should have looked or known to have looked for the Nonapplicability Section, but thought instead it would have been otherwise noted or referenced to in the previous sections.

Still, how i read it, without CCL, if one doesn't know they have it/them/one on them, one may be disarmed by a LEO, not ticketed, and it returned to owner at a later time most likely at the station, correct?

Be tougher to explain if it were to needed for SD or PD situation, however i suppose. . .


Thanks again!

- MN
:cool:
 
Still, how i read it, without CCL, if one doesn't know they have it/them/one on them, one may be disarmed by a LEO, not ticketed, and it returned to owner at a later time most likely at the station, correct?
Click to expand...
I'm having trouble understanding the question.

In TX, a civilian without a CHL is allowed to carry a concealed handgun only in these places:
  1. "on the person's own premises or premises under the person's control"[46.02(a)], which includes RVs and trailers [46.02(a-2)]; and
  2. "inside of or directly en route to a motor vehicle that is owned by the person or under the person's control" [46.02(a)(2)], with the caveat that the handgun may not be in plain view [46.02(a-1)].
FWIW the meaning of "directly en route" is a legal grey area, as is the legality of non-licensed CCW in a motor vehicle without an enclosed cabin (one cannot literally be "inside of" a motorcycle). This law was passed recently and AFAIK these two provisions have not been contested in court. But I digress. :)

If a non-CHL holder does not know that he or she is carrying a concealed handgun, or knows he or she is carrying but honestly does not realize it's illegal, and he or she is somewhere other than the places described above, he or she would seem to be violating 46.02(a)...
A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun...
Click to expand...
Failure to realize that one has a concealed handgun, or failure to realize that unlicensed CCW is illegal, would seem to fit the definition of "reckless".

Section 411.207 of the TX Government Code allows a LEO to temporarily confiscate a CHL holder's handgun if the CHL holder is detained but not arrested, but the section mandates the immediate return of the handgun if the CHL holder is not arrested and does not pose a threat to the public. AFAIK there is no provision in TX law specifically mandating the return of a handgun, promptly or not, to a non-CHL holder whose handgun is confiscated by a LEO.

If you are asking this question in relation to a real-life incident rather than out of curiosity, I strongly recommend consulting with an attorney.

Mandatory disclaimer: I am not an attorney, nor do I play one on TV. ;) This is not official legal advice. Caveat emptor.
 
if the above situation does in fact fall under the definition of reckless, why the use of knowingly as well???

seems as if this is/would be superfulous, redundant, and unnecessary.

technical documents typically avoid these issues, particularly legal penal codes.

i think that reckless would be used to apply in a case where there is an intention for a non-CHL carrier to unlawfully discharge his weapon.

there is a portion of the code that deals with unlawful discharge. . . .

i may forget, but if properly holstered i wouldn't think that as reckless. . . .

anyway, if i take the bus, i guess i am covered under the traveling portion, as i will for sure be bussing to the range. . . .


carguychris, the reason i ask is because i wish to properly defend myself if necessary, am considering a change to primary public transportation, and wish to comply and adhere to the letter of the law.

here in my locale, i have been having BG's intimidate, 2 feigns to pull, pull over the side of the road, call me out, sick or release dogs (Pitbulls and Chows), etc. countless times in the recent past- probably 'cause i don't puss out and always stand my ground- nothing more, nothing less. They can't handle that. . .


- 4 months since passing CHL course, and waiting. . . .

oh, and i can't afford an attorney. Thank you.
 
Last edited:
if the above situation does in fact fall under the definition of reckless, why the use of knowingly as well???
Click to expand...
It says "intentionally, knowingly, or recklessly". In other words, intent and knowledge, or the lack thereof, are not valid defenses under the statute. If you carry without a CHL in places other those spelled out in 46.02 and 46.15, you are Breaking the Law.
technical documents typically avoid these issues, particularly legal penal codes.
Click to expand...
I disagree. Knowledge and intent are often crucial to determining whether a crime has been committed; for example, read the definition of criminal mischief. Destroying someone else's property by accident generally isn't a crime, but doing it on purpose is a different story.
i think that reckless would be used to apply in a case where there is an intention for a non-CHL carrier to unlawfully discharge his weapon.
Click to expand...
The statute says nothing about intent to use the handgun. The crime is carrying it without a CHL.
...if properly holstered i wouldn't think that as reckless. . . .
Click to expand...
But it's still intentional and knowing. :rolleyes:
carguychris, the reason i ask is because i wish to properly defend myself if necessary, am considering a change to primary public transportation, and wish to comply and adhere to the letter of the law.
Click to expand...
Then you need a CHL. :)
 
Language filter

You deliberately avoided the language filter. Do that again and you will lose the ability to post here.

Also, please to some more research. You are asking fairly simply questions about TX law.

GM
 
carguychris,

thanks for your insights. i now have a much better understanding of these sections of the Penal Code and how they may potentially apply to me if i take a bus to the shooting range prior to receiving my Texas CHL.

- MN
:)
 
carguychris said:
If one is carrying within a ranch, and the owner or owner's legally authorized agent has given the person permission to carry there, the ranch is "premises under the person's control".
Click to expand...
Chris, please explain how having the owner's permission to to carry in any way places the premises under my control. The only way your ranch can be under my control is if you appoint me as your legal agent, with full authority to act on your behalf. Just giving me permission to carry doesn't give me any authority to allow my entire 200-strong branch of the Hell's Angels to carry on your property.
 
Chris, please explain how having the owner's permission to to carry in any way places the premises under my control.
Click to expand...
In the literal sense, it doesn't.

I was greatly oversimplifying the issue because the OP was asking very basic questions about a straightforward statute and I didn't want to branch out into a discussion of common law. :) In 20/20 hindsight, I should have inserted a disclaimer in the post.
 
You must log in or register to reply here.
Back
Top