Unlawful Carrying of a Weapon
After permitless carry (HB 1927, 2021), Texas generally allows non-prohibited adults 21+ to carry handguns without a license. §46.02 still criminalizes carrying while intoxicated, by certain prohibited persons (felons, gang members, those under protective orders), in a manner calculated to alarm, or in places under §46.03/§46.035.
To prove this offense, the State must establish each of the following elements: Possession of a handgun in a manner not authorized; While intoxicated, prohibited from possession, or in prohibited places, etc.; Class A misdemeanor (default UCW).
The base classification is Class A misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Possession of a handgun in a manner not authorized
- While intoxicated, prohibited from possession, or in prohibited places, etc.
- Class A misdemeanor (default UCW)
After permitless carry (HB 1927, 2021), Texas generally allows non-prohibited adults 21+ to carry handguns without a license. §46.02 still criminalizes carrying while intoxicated, by certain prohibited persons (felons, gang members, those under protective orders), in a manner calculated to alarm, or in places under §46.03/§46.035.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Premises licensed to sell alcohol for on-premises consumption | 3rd degree felony | §46.02(c) |
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Worked examples
After Texas's permitless carry law (HB 1927, 2021), Unlawful Carrying of a Weapon under §46.02 still applies in many circumstances, including when the actor:
- Is 21 or older and not otherwise prohibited
- Carries while intoxicated, while a member of a criminal street gang, while subject to a protective order, or in a manner calculated to alarm Correct
- Carries in his own home
- Carries in a private vehicle he owns