Penal Code §46.02: Unlawfully Carrying Handguns

Texas Penal Code §46.02 applies to both license and non-license holders. It is often referred to as the “Motorist Protection Act (MPA).”

• Section 46.02(a): As stated in §46.02(a), a person commits an offense if the person:
  • Intentionally, knowingly, or recklessly carries on or about his or her person a handgun and...
  • Is not:
    • On the person’s own premises or premises under the person’s control or…
    • Inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.
• Section 46.02(a-1): This section provides additional information regarding carrying a handgun in a motor vehicle. As stated in §46.02(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:
  • The handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster or…
  • The person is:
    • Engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating, or…
    • Prohibited by law from possessing a firearm or…
    • A member of a criminal street gang, as defined by Penal Code §71.01.
• In other words, Texas Penal Code §46.02 allows anyone with or without a valid LTC to legally carry a handgun on or about your person if:
  • You are on your own premises or premises that are under your control or…
  • You are inside or directly en route to your motor vehicle or watercraft and the handgun is not in plain view, and you are not engaged in a criminal activity, are not prohibited by law from possessing a firearm, and are not a member of a criminal street gang.