Concealed Carry Law

Posted on Aug 2, 2012


If You do Not Have a License, Only Carry it When Heading Home

Unlawful Carrying of a Weapon & Concealed Carry Law

Sometimes a person is actually seeking information on unlawful carrying of a weapon law, when they search “concealed carry law”.  This post covers both laws and how they work.  In Texas, the general rule of thumb is that you can carry a handgun, so long as you are heading home.  You can go purchase a gun, and drive to your own boat, motor vehicle or home with that weapon and there is nothing illegal about it.  So, in this circumstance, you cannot get into any legal trouble for carrying a weapon (discretely).  In case you were wondering, your home is a premises you are controlling (if you are renting, the rental home or apartment is considered your home).  If you do not have any felony convictions, then you may also have a handgun in your home.  Again, in sum these are the Texas rules for Owners WITHOUT a LICENSE:

1.  You can drive to your home with a handgun (or other legal concealed weapon) in your car. (this is how a person is able to legally transport their gun from the gun shop to the home).

2.  You can have a concealed weapon in your home.

3.  You can carry a weapon to WORK (as long as work allows for it)

4.  If you do not have a concealed carry license, then 1 2 and 3 are the only places you should have your weapon.

If You Need a Criminal Defense Lawyer, Call us! (210) 271-1800

Places that Are illegal to Carry a Weapon to EVEN if You have a Concealed Handgun License

  • 1.  A bar, or place that makes more than half of its earnings from alcohol;
  • 2.  A high school, college or professional event (sporting or scholastic events prohibited)
  • 3. to a jail;
  • 4. to a hospital;
  • 5. to disney world or any amusement park;
  • 6.  to church (or synagogue)
  • 7.  You may never have a weapon with you when you are carrying on illegal activities (committing any type of crime)
  • 8.  You may never have a gun if you are in gang

Concealed Carry Law Applied to Real Life Examples

Example of Alex Violating Concealed Carry Law by Flashing Handgun

John has road rage against Alex. Alex has a concealed carry license, and he also has a loaded pistol.  When road enraged John passes Alex on interstate i-10, Alex flashes his loaded pistol through the window and makes sure John sees it.  Alex may have had a license to carry a weapon, but he just violated Texas Penal Code Section 46.035 by intentionally failing to conceal his handgun.   The law is: Texas Penal Code § 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.

Example of Alex Not Violating Concealed Carry Law by Bringing Weapon on prohibited premises

Alex has a  concealed carry license.  Alex takes his pistol into the liquor store to get some Liquor.  Alex did not just violate Texas Penal Code Section 46.035(b) by bringing his weapon into a premises that makes more than 51 percent of it’s revenue from alcohol because the revenue from alcohol is not for purposes of on-premises consumption.

The Texas Penal Code on Concealed Carry

Texas Penal Code § 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.

(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.

Texas Penal Code on Unlawful Carrying of a Weapon

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 or watercraft 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 or watercraft 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 or boating;

(B)  prohibited by law from possessing a firearm; or

(C)  a member of a criminal street gang, as defined by Section 71.01.

(a-2)  For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(a-3)  For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(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.

On a Somewhat Related Personal Note

Wakeboard and machine gun: easy to mistake

I like to wakeboard.  One time I was flying from Michigan to Texas.  I packed my very long wakeboard in a big long green bag.  The bag would be equivalent to the size of a machine gun.  As I was checking my wakeboard bag with the airport gal, I placed my giant wakeboarding bag on the scale and waited for her to tag it.  As I was standing there, she asked “are you done?”,   to which I casually replied “YES”.  At this point her body language changed and she seemed to get more tense.  She asked me what type it was?  I was extremely confused and said “liquid force” which is a common wakeboard.  After a great deal of tension and holding up the airport line, I finally ascertained that she had not asked me “are you done” when I placed the bag on the scale.  She asked “is that a gun?”  to which I had replied “YES”.

Concealed Carry Resources

PDF Handbook on Concealed Carry for Texas

Gun Law Blog

FAQ for Gun Owners

Gun Stats

Need a Gun Lawyer?  Go Here.

Need information on Self Defense?  Click Here.

1 Comment

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