Texas Concealed Handgun Laws & Related Statutes



Texas Concealed Handgun Laws and Selected Statutes

TX Penal Code 46.02 Unlawful Carrying Weapons

This section deals with carrying weapons in general and not necessarily carrying weapons under a concealed handgun license. Some things to note are that this law states (in Texas) you can carry a firearm in your own house or a house that is under your control. You can carry a firearm inside of or directly en route to a motor vehicle that you own or control. You can carry a firearm in your car but it needs to be not “in plain view.” This law lists exceptions for those engaged in criminal activity.

TX Penal Code 46.03 Places Weapons Prohibited

  • Physical premises of a school or educational institution
  • Any grounds or building on which an activity sponsored by school or educational institution is being conducted
  • Passenger transportation vehicle of a school or educational institution
  • Premises of a polling place on day of election or early voting in progress
  • Premises of any government court or offices utilized thereby
  • Premises of a racetrack, or in to a secured area of an airport
  • Within 1000 feet of an execution on a day that death sentence is being carried out (there is a notice requirement here)

TX Penal Code 46.035 Unlawful Carrying of Handgun by License Holder

Note that a violation of this law is a Third Degree Felony. There are provisions for intentionally failing to conceal your weapon, alcohol related incidents,  and it lists a number of places where you may not carry a concealed firearm even if you are a CHL holder. Be aware of businesses that derive 51% of income from sale of alcohol. High School, collegiate, or professional sporting events…no go. Do not carry at a correctional facility, not at a hospital, not at a nursing home, not at an amusement park, church or other place of religious worship, not at any meeting of a governmental entity. Don’t carry “while intoxicated.” Note that intoxication is not defined and will probably be left up to the arresting officer (this is not the .08 rule for driving while intoxicated).

It is a defense to prosecution 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.

There is also a notice requirement for hospitals, nursing homes, amusement parks, places of worship, and meetings of governmental entities. See section 46.035(i), which requires effective notice under Section 30.06 (there needs to be oral or written communication to you that concealed handguns are forbidden on the premises).

There is a notice requirement  for alcoholic business (you usually see a red lettered, white background, 51% sign at every bar ).

TX Penal Code 46.15 Nonapplicability

This is really for law enforcement types.

TX Penal Code 30.06 Trespass by Holder of License to Carry Concealed Handgun

You can not carry a concealed handgun on property of another without effective consent if you have received effective notice (written or oral) that concealed handguns are forbidden there.