PENAL CODE CHAPTER 46.

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH,SAFETY, AND MORALS

WEAPONS

§ 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,
stilletto, 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:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.
(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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 917, ch. 342, § 13, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 1, eff.
Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, § 1, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(46),
eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 749, § 1, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 229, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1999, 76th Leg., ch. 1445, § 1, eff. Sept. 1, 1999.

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if he intentionally, knowingly, or recklessly
carries on or about his person a handgun, illegal knife, or club.
(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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 109, ch. 49, § 1, eff. April
15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, § 14, eff. Sept.
1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, § 2, eff. June
19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, § 26, eff. Aug.
29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, § 1, eff. Aug.
31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, § 1, eff. Aug.
29, 1983; Acts 1987, 70th Leg., ch. 262, § 21, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 873, § 25, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 168, § 1, eff. Sept. 1, 1991.
Redesignated from V.T.C.A., Penal Code § 46.02, 46.03 and
amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994. Amended by Acts 1995, 74th Leg., ch. 229, § 2, eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 318, § 16, eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 754, § 15, eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 790, § 16, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 998, § 3, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 165, § 10.02, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1221, § 1, eff. June 20, 1997; Acts 1997, 75th Leg.,
ch. 1261, § 24, eff. Sept. 1, 1997.

§ 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 Board
of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform;
and
(B) the firearm or club is in plain view; or
(4) Deleted by Acts 1995, 74th Leg., ch. 318, § 17,
eff. Sept. 1, 1995.
(5) a security officer who holds a personal protection
authorization under the Private Investigators and Private Security
Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
(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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, § 1, eff. Aug.
29, 1983; Acts 1989, 71st Leg., ch. 749, § 2, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 203, § 2.79; Acts 1991, 72nd Leg., ch.
386, § 71, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 433,
§ 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 554, § 50,
eff. Sept. 1, 1991. Renumbered from V.T.C.A., Penal Code § 46.04
and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, § 3, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, § 42, eff. May 30,
1995; Acts 1995, 74th Leg., ch. 318, § 17, eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 790, § 17, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 165, § 10.03, 31.01(70), eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1043, § 1, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1221, § 2, 3, eff. June 20, 1997; Acts 1997,
75th Leg., ch. 1261, § 25, eff. Sept. 1, 1997; Acts 2001, 77th
Leg., ch. 1060, § 1, 2 eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 1178, § 3, eff. Sept. 1, 2003.

§ 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.
(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.

Added by Acts 1995, 74th Leg., ch. 229, § 4, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 10.04, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1261, § 26, 27, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1420, § 14.833, eff. Sept. 1,
2001.

§ 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 46.05 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by
Acts 2001, 77th Leg., ch. 23, § 2, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 836, § 4, eff. Sept. 1, 2003.

§ 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, § 1, eff. Sept. 1, 2001.

§ 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 holds
a security officer commission issued by the Texas Commission on
Private Security 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 Commission on Private Security.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 918, ch. 342, § 15, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 2, eff.
Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, § 2, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(47),
eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229, § 2, eff.
Sept. 1, 1991; Renumbered from V.T.C.A., Penal Code § 46.06 and
amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 2003, 78th Leg., ch. 1071, § 1, eff. Sept. 1, 2003.

§ 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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1985, 69th Leg., ch. 686, § 1, eff. Sept. 1,
1985. Renumbered from V.T.C.A., Penal Code § 46.07 and amended
by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 324, § 1, eff. Jan. 1, 1996;
Acts 1997, 75th Leg., ch. 1193, § 22, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1304, § 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 62, § 15.02(f), eff. Sept. 1, 1999.

§ 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
contiguous states. This authorization is enacted in conformance
with Section 922(b)(3)(A), Public Law 90-618, 90th Congress.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 46.08 by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 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, § 3, eff. Sept.
1, 1983. Renumbered from V.T.C.A., Penal Code § 46.09 by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 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, § 4, eff. Sept.
1, 1983. Renumbered from V.T.C.A., Penal Code § 46.10 by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 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, § 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 714, § 1, eff. Sept. 1,
1987. Renumbered from V.T.C.A., Penal Code § 46.11 by Acts 1993,
73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 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, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1063, § 10, eff. Sept. 1,
1997.

§ 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 Criminal Evidence.

Added by Acts 1995, 74th Leg., ch. 320, § 2, eff. Sept. 1, 1995.

§ 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, § 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 62, § 15.02(g), eff. Sept.
1, 1999.

§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and
46.03 do not apply to:
(1) peace officers, including commissioned peace
officers of a recognized state, 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 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; or
(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 20 years of service as a commissioned officer;
and
(B) is issued by the agency from which the peace
officer retired or, for a federal criminal investigator, by a state
law enforcement agency.
(b) Section 46.02 does not apply to a person who:

Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1221, § 4

(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 an employee of a penal
institution who is performing a security function;

Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1261, § 28

(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 on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
(3) is traveling;

Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1221, § 4

(4) 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, if the weapon is a type commonly used in the activity;

Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1261, § 28

(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is directly en route between the premises and the
actor's residence, if the weapon is a type commonly used in the
activity;
(5) holds a security officer commission issued by the
Texas Board of Private Investigators and Private Security Agencies,
if:
(A) the person is engaged in the performance of
the person's duties as a security officer or traveling to and from
the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(6) is carrying a concealed handgun and a valid
license issued under Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;
(7) holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes); or
(8) 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.
(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.

Text of subsec. (g) as added by Acts 2003, 78th Leg., ch. 421, § 1

(g) For the purpose of Subsection (b)(2), "premises"
includes a recreational vehicle that is being used by the person
carrying the handgun, illegal knife, or club 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.

Text of subsec. (g) as added by Acts 2003, 78th Leg., ch. 795, § 1

(g) In this section, "recognized state" means another state
with which the attorney general of this state, with the approval of
the governor of this state, negotiated an agreement after
determining that the other state:
(1) has firearm proficiency requirements for peace
officers; and
(2) fully recognizes the right of peace officers
commissioned in this state to carry weapons in the other state.

Added by Acts 1995, 74th Leg., ch. 318, § 18, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1221, § 4, eff. June 20,
1997; Acts 1997, 75th Leg., ch. 1261, § 28, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 62, § 9.25, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 1445, § 2, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 1060, § 3, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 325, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
421, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 795, §
1, eff. June 20, 2003.

 

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