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This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Statutory Text On and After 6/20/97:
Sec. 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.
Statutory Text Between 9/1/94 and 6/20/97:
Sec. 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) It is a defense to prosecution under this section that the actor was, at the time of the commission of the offense:
(1) in the actual discharge of his 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) on his own premises or premises under his control unless he is an employee or agent of the owner of the premises and his primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event he must comply with Subdivision (5);
(3) traveling;
(4) engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or was directly en route between the premises and the actor's residence, if the weapon is a type commonly used in the activity;
(5) a person who holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies, if:
(A) he is engaged in the performance of his duties as a security officer or traveling to and from his place of assignment;
(B) he is wearing a distinctive uniform; and
(C) the weapon is in plain view;
(6) [added 9/1/95] 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) [added 9/1/95] a person who 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) [added 9/1/95] a holder of an alcoholic beverage permit or license or an employee of a holder of an alcoholic beverage permit or license if the actor is supervising the operation of the permitted or licensed premises.
(c) It is a defense to prosecution under this section for the offense of carrying a club that the actor was, at the time of the commission of the offense, a noncommissioned security guard at an institution of higher education who carried a nightstick or similar club, and who had 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 section, "nonviolent restraint" means the use of reasonable force, not intended and not likely to inflict bodily injury.
(d) It is a defense to prosecution under this section for the offense of carrying a firearm or carrying a club that the actor was, at the time of the commission of the offense, a public security officer employed by the adjutant general under Section 431.029, Government Code, and was performing official duties or traveling to or from a place of duty.
(e) Except as provided by Subsection (f), an offense under this section is a Class A misdemeanor.
(f) 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.
Eff 9/1/97 renumbered (b)(6)-(8) and made nonsubstantive change of reference in (b)(6) from Civil Statutes to Government Code. Eff 9/1/95 (b)(6) was deleted. Before 9/1/95 (b)(6) provided:
(6) a peace officer, other than a person commissioned by the Texas State Board of Pharmacy.

A D V E R T I S E M E N T S Baker's Legal Pages has no relationship with the advertisers whose ads appear below.

This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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