The Truth About Texas Law and Handguns

You’ve always wondered – and now here’s the truth with a citation or two to the actual statute.

Section 46.02 of the Texas Penal Code makes it an offense to intentionally, knowingly, or recklessly carry on or about his person a handgun 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 person commits an offense if the person carries on or about his 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 traffic ordinance or law; B) prohibited by law from possessing a firearm; or C) a member of a criminal street gang.

You DO NOT otherwise have to have a concealed gun permit to legally carry a handgun in your car.   This was a change in 2007.

Premises” includes an RV and your home.  It doesn’t include shared driveways and sidewalks, or parking lots.

What’s a handgun?   “Handgun” means any firearm that is designed, made or adapted to be fired with one hand.  It  doesn’t matter if the  handgun is loaded or unloaded.  It doesn’t include shotguns or rifles.