TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS 

CHAPTER 46. WEAPONS
§ 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; 
(C) mace;
(D) tomahawk.
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(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;
(C) dagger, including but not limited to a dirk, stiletto, and 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.
…
(11) "Switchblade knife " means any knife  that has a blade that folds, closes, or retracts into the handle or sheath, and that:
(A) opens automatically by pressure applied to a button or other device located on the handle; or
(B) opens or releases a blade from the handle or sheath by the force of gravity or by the application of centrifugal force.
…
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 917, ch. 342, § 13, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, § 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(46), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 749, § 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 229, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Amended by Acts 1999, 76th Leg., ch. 1445, § 1, eff. Sept. 1, 1999.





§ 46.02. Unlawful Carrying Weapons
(a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, § 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, § 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, § 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, § 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, § 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, § 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, § 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, § 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 229, § 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, § 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, § 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, § 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, § 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, § 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, § 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, § 24, eff. Sept. 1, 1997.
 
§ 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) in 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.
(c) In this section:

(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 Board of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(4) Deleted by Acts 1995, 74th Leg., ch. 318, § 17, eff. Sept. 1, 1995.
(5) a security officer who holds a personal protection authorization under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
(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, § 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, § 1, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 749, § 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 203, § 2.79; Acts 1991, 72nd Leg., ch. 386, § 71, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 433, § 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 554, § 50, eff. Sept. 1, 1991. Renumbered from § 46.04 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 229, § 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, § 42, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 318, § 17, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, § 17, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, §§ 10.03, 31.01(70), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1043, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, §§ 2, 3, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, § 25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1060, §§ 1, 2 eff. Sept. 1, 2001.

§ 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.
(c) It is a defense to prosecution under this section that the 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 918, ch. 342, § 15, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, § 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, § 2, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(47), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229, § 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

 






§ 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;
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(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.
(c) It is an affirmative defense to prosecution under Subsection (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, § 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th Leg., ch. 686, § 1, eff. Sept. 1, 1985. Renumbered from § 46.07 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 324, § 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1193, § 22, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1304, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 15.02(f), eff. Sept. 1, 1999.

§ 46.15. Nonapplicability 
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers and neither section prohibits a peace officer from carrying a weapon in this state, regardless of whether the officer is engaged in the actual discharge of the officer'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; or
(4) a judge or justice of 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.
(b) Section 46.02 does not apply to a person who:

Text of subd. (1) as added by Acts 1997, 75th Leg., ch. 1221, § 4
(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 an employee of a penal institution who is performing a security function;

Text of subd. (1) as added by Acts 1997, 75th Leg., ch. 1261, § 28

(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 on the person's own premises or premises under the person's control unless the person is an employee or agent of the owner of the premises and the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5);
(3) is traveling;

Text of subd. (4) as added by Acts 1997, 75th Leg., ch. 1221, § 4

(4) 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, if the weapon is a type commonly used in the activity;
 
Text of subd. (4) as added by Acts 1997, 75th Leg., ch. 1261, § 28

(4) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is directly en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity;
(5) holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies, if:
(A) the person is engaged in the performance of the person's duties as a security officer or traveling to and from the person's place of assignment;
(B) the person is wearing a distinctive uniform; and
(C) the weapon is in plain view;
(6) is carrying a concealed handgun and a valid license issued under Article 4413(29ee), Revised Statutes, to carry a concealed handgun of the same category as the handgun the person is carrying;

(7) holds a security officer commission and a personal protection authorization issued by the Texas Board of Private Investigators and Private Security Agencies and who is providing personal protection under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes); or
(8) 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.
(c) The provision of Section 46.02 prohibiting the carrying of a 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.
Added by Acts 1995, 74th Leg., ch. 318, § 18, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1221, § 4, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, § 28, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 9.25, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1445, § 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1060, § 3, eff. Sept. 1, 2001.
From : http://www.capitol.state.tx.us/