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Statutes > Texas > Penal-code > Title-10-offenses-against-public-health-safety-and-morals > 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;

(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;

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;

(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

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.

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.

(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.

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

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.

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.

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.

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.

(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.

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).

(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).

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.

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;

(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.

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;

(B) en route between those premises and the person's residence

and is carrying the weapon unloaded.

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.