Texas
Are Brass Knuckles Legal in Texas? (2026 Law After HB 446)
Independently fact-checked against primary sources (last audited October 8, 2026). · 10 primary sources cited on this page. How we verify our legal content

Brass knuckles are no longer a prohibited weapon under Texas state law. House Bill 446, effective September 1, 2019, removed "knuckles" from the prohibited-weapons list in Texas Penal Code 46.05 and repealed the knuckles definition, so owning, buying, selling and carrying them is not an offense under that section. The word "club" still appears in the rules for schools, courts, bars and other restricted places (46.03) and for transfers to children (46.06), and whether a set of knuckles counts as a club there is an open question. For other states, see our guide to brass knuckles laws by state.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Texas state law: Penal Code Chapter 46 (46.01 definitions, 46.02 unlawful carrying, 46.03 places weapons prohibited, 46.04 felon possession, 46.05 prohibited weapons, 46.06 transfers to minors, 46.10 deadly weapon in penal institution, 46.11 school-zone enhancement), House Bill 446 (2019), Penal Code 1.07(a)(17), 1.08 and 38.11, the punishment ranges in 12.21 and 12.34, Education Code 37.006, 37.007 and 37.015, Code of Criminal Procedure articles 18.18 and 18.19, Local Government Code 229.001 and 236.002, and Finance Code 371.179, 371.303 and 371.305. It does not cover city or county ordinances, school district codes of conduct, private property rules, federal law or federal property, or the law of other states.
What changed in 2019: House Bill 446
Until September 1, 2019, Texas listed knuckles among its prohibited weapons. House Bill 446 (Acts 2019, 86th Leg., R.S., Ch. 216) struck them out. The enrolled bill shows the deletions in brackets:
"SECTION 2. Sections 46.05(a) and (e), Penal Code ... (2) [knuckles; [(3)] armor-piercing ammunition; ... [An offense under Subsection (a)(2) is a Class A misdemeanor.] ... SECTION 4. Sections 46.01(8) and 46.15(c), Penal Code, are repealed. SECTION 5. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. ... SECTION 7. This Act takes effect September 1, 2019." Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446)
Four things follow from the bill:
- Knuckles left the prohibited-weapons list. Before the bill, knuckles were item (2) of 46.05(a), and that offense was a Class A misdemeanor. Both the item and the misdemeanor sentence were deleted.
- The definition is gone. Section 46.01(8), which defined knuckles, was repealed. The current 46.01 prints "(8) Repealed by Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 4, eff. September 1, 2019."
- Clubs left the general carrying statute. Section 1 of the bill struck "or club" from 46.02(a)(1). The bill did not remove "club" from 46.03 or 46.06.
- The change is not retroactive. Under Section 5 of the bill, the new law applies only to offenses committed on or after September 1, 2019.
Texas prohibited weapons list today
The current text of Penal Code 46.05 contains no reference to knuckles:

"(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record ... (A) an explosive weapon; or (B) a machine gun; (2) armor-piercing ammunition; (3) a chemical dispensing device; (4) a zip gun; (5) a tire deflation device; or (6) an improvised explosive device. ... (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. An offense under Subsection (a)(5) is a state jail felony." Tex. Penal Code 46.05(a), (e)
The list was amended again in 2025 (Acts 2025, 89th Leg., Ch. 845, S.B. 1596, which removed short-barrel firearms). That bill did not restore knuckles. No section of Penal Code Chapter 46 now names knuckles.
Owning, buying, selling and carrying knuckles
Because 46.05 no longer lists knuckles, possessing, making, transporting, repairing or selling them is not an offense under that section. The unlawful-carrying statute does not reach them either. Penal Code 46.02 now covers handguns and, for people under 18, location-restricted knives:
"(a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding ... (a-4) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife; (2) is younger than 18 years of age at the time of the offense ..." Tex. Penal Code 46.02(a), (a-4)
Nothing in 46.02 mentions knuckles or clubs, so carrying knuckles concealed, openly, or in a car is not an offense under 46.02. That is a statement about 46.02 only. The place restrictions in 46.03 still apply, and the deadly weapon definition discussed below can matter in other offenses.
The open question: are knuckles a "club"?
Two Texas statutes that still matter for knuckles use the word "club": 46.03 (places weapons prohibited) and 46.06(a)(2) (transfers to children). Chapter 46 defines a club this way:
"(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." Tex. Penal Code 46.01(1)
Knuckles are not on that list, and the list "includes but is not limited to" the items it names. A set of knuckles is used to strike, so the words of the definition could be read to reach it. House Bill 446 removed clubs from the general carrying offense in 46.02 but left the word "club" in 46.03 and 46.06. The statute text does not settle it, and no Texas court decision or attorney general opinion on the point is discussed here. Until a court decides it, the question remains open for the places and transactions that 46.03 and 46.06 cover.
Places where weapons are prohibited (46.03)
Section 46.03 makes it an offense to bring a club, among other weapons, into a long list of places:
"(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a): (1) on the premises of a school or postsecondary educational institution ... unless: (A) pursuant to written regulations or written authorization of the school or institution ..." Tex. Penal Code 46.03(a)
The places listed in 46.03(a) include:
- the premises of a public or private school or postsecondary educational institution (a college or university), any grounds or building the school or institution owns and controls where an activity it sponsors is being conducted, and its passenger transportation vehicles, unless the school or institution authorizes the weapon in writing
- polling places
- courts
- racetracks
- secured areas of airports
- within 1,000 feet of a place of execution designated by the Texas Department of Criminal Justice, on a day a death sentence is set to be imposed there, if the person received the notice the statute requires
- bars and other businesses covered by the 51 percent alcohol-sales rule
- sporting events
- correctional and civil commitment facilities
- hospitals and nursing facilities, and mental hospitals
- amusement parks
- open meetings of governmental entities
In 46.03, "premises" means a building or a portion of a building. It does not include a public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area (46.03(c)(4)).
Knuckles are not named in 46.03. If a court treated a particular set as a club, carrying it into one of these places would fall under the statute. The penalty is set by 46.03(g) through (g-2):
"(g) Except as provided by Subsections (g-1) and (g-2), an offense under this section is a felony of the third degree. ... (g-2) An offense committed under Subsection (a)(8), (a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A misdemeanor." Tex. Penal Code 46.03(g), (g-2)
The school-zone enhancement (46.11)
Penal Code 46.11 raises the punishment for a Chapter 46 offense by one category when it is committed in a place the actor knew was within 300 feet of a school, or where an official school function or a University Interscholastic League event is taking place. Section 46.11(b) says it "does not apply to an offense under Section 46.03(a)(1)," the school-premises offense. Because no Chapter 46 offense names knuckles, the enhancement would matter for knuckles only if they were treated as a club under another part of 46.03 or under 46.06.
Selling or giving knuckles to minors (46.06)
Section 46.06(a)(2) covers transfers to children:
"(a) A person commits an offense if the person: ... (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; ... (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: (1) an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun" Tex. Penal Code 46.06(a)(2), (c), (d)
Knuckles are not named, so the same club question applies. No Texas statute in Chapter 46 sets a minimum age for owning knuckles, and 46.02's under-18 rule covers location-restricted knives, not knuckles.
Knuckle knives
A knuckle-guard knife is treated as a knife. Chapter 46 defines the terms this way:
"(6) "Location-restricted knife" means a knife with a blade over five and one-half inches. (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." Tex. Penal Code 46.01(6), (7)
A knuckle knife with a blade over five and one-half inches is a location-restricted knife. That matters three ways: 46.02(a-4) bars people under 18 from carrying one, 46.03 bars it from the places listed above, and 46.06(a)(2) bars selling or giving one to a child under 18. Taking a location-restricted knife into a 46.03 place is a Class C misdemeanor, except under 46.03(a)(1) (schools and postsecondary institutions), where it is a third-degree felony (46.03(g-1)). The under-18 carrying offense in 46.02(a-4) is a Class C misdemeanor (46.02(d)) and does not apply on the minor's own premises or premises under the minor's control, inside or directly en route to a motor vehicle or watercraft the minor owns or controls, or under the direct supervision of a parent or legal guardian. Knives are also covered by the local preemption statutes discussed below. For the full knife rules, see our guide to Texas knife laws.
Felons and brass knuckles
Texas's felon-in-possession statute is limited to firearms:
"(a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives." Tex. Penal Code 46.04(a)
Section 46.04 does not reach knuckles.
Jails, prisons and the deadly weapon definition
Correctional facilities are covered two ways. Section 46.03 lists correctional and civil commitment facilities among the places a club may not be taken. Separately, Penal Code 38.11(d)(2) makes it an offense if a person "possesses a deadly weapon while in a correctional facility or civil commitment facility." That offense is a third-degree felony under 38.11(g), and 38.11(e) gives an affirmative defense to a peace officer, or to a facility officer or employee authorized to possess the weapon while on duty or traveling to or from the place of assignment. A person who, while confined in a penal institution, carries or possesses a deadly weapon there commits a separate third-degree felony under Penal Code 46.10. Both offenses use the general definition of deadly weapon rather than a list:
"(17) "Deadly weapon" means: (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury." Tex. Penal Code 1.07(a)(17)
The definition does not name knuckles. Whether a particular set is a deadly weapon depends on the facts, including how it was designed and how it was used or meant to be used. The same definition matters in any other offense that turns on use or exhibition of a deadly weapon.
Schools: discipline and reporting
Texas's mandatory-expulsion rule in Education Code 37.007(a)(1) is tied to specific Penal Code offenses:
"(a) Except as provided by Subsection (k) and subject to the requirements of Section 37.009(a), a student shall be expelled from a school if the student, on or off of school property: (1) engages in conduct that contains the elements of the offense of unlawfully carrying weapons under Section 46.02, Penal Code, or elements of an offense relating to prohibited weapons under Section 46.05, Penal Code;" Tex. Educ. Code 37.007(a)(1)
Since 2019, neither 46.02 nor 46.05 covers knuckles, so that clause does not make knuckles a mandatory-expulsion trigger. Section 46.03 is not listed in 37.007(a), so the school-premises club offense is not a mandatory-expulsion trigger under that clause either.
Placement in a disciplinary alternative education program is a separate rule. Education Code 37.006(a)(2)(A) requires it, except as 37.007(a) provides, when a student engages in conduct punishable as a felony on or within 300 feet of school property or while attending a school-sponsored or school-related activity. If knuckles were treated as a club, a 46.03(a)(1) school offense, a third-degree felony, would be conduct of that kind. School district codes of conduct are outside this page.
The Education Code's reporting provision, 37.015(a)(5), still refers to "the possession of any of the weapons or devices listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal Code." That range includes the club definition in 46.01(1) and the now-repealed knuckles subdivision (8).
Seized knuckles
Texas Code of Criminal Procedure article 18.19(a) governs weapons seized in connection with an offense involving the use of a weapon or a Chapter 46 offense:

"(a) Weapons seized in connection with an offense involving the use of a weapon or an offense under Penal Code Chapter 46 shall be held by the law enforcement agency making the seizure, subject to the following provisions, unless: (1) the weapon is a prohibited weapon identified in Penal Code Chapter 46, in which event Article 18.18 of this code applies" Tex. Code Crim. Proc. art. 18.19(a)
Article 18.18, which provides for destruction or forfeiture, applies to a "prohibited weapon" as the Penal Code defines it. Since 2019 that category no longer includes knuckles, so knuckles seized in connection with such an offense fall under the general rules of article 18.19 rather than the prohibited-weapon procedure.
City and county rules
Texas limits how far cities and counties can regulate weapons, but the limit is written item by item. Local Government Code 229.001(a) provides that a municipality may not adopt or enforce regulations that:
"(1) relate to: (A) the transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, or registration of firearms, air guns, archery equipment, knives, ammunition, or firearm or air gun supplies or accessories; (B) commerce in firearms, air guns, archery equipment, knives, ammunition, or firearm or air gun supplies or accessories ..." Tex. Loc. Gov't Code 229.001(a)(1)
Counties are subject to the same list in Local Government Code 236.002(a). Neither section names knuckles or clubs, so neither expressly bars a city or county from regulating knuckles.
Separately, Penal Code 1.08 provides that no governmental subdivision or agency "may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty." The section does not say whether conduct the Penal Code no longer prohibits, such as possessing knuckles, is still "covered by this code." Check your city or county code before carrying knuckles in public, and call your local police department's non-emergency line if a rule is unclear.
Pawn shops
At least one Texas statute outside the Penal Code still names knuckles. Finance Code 371.179 restricts what a pawnbroker may display where it can be seen from the street:
"A pawnbroker may not display for sale in a storefront window or sidewalk display case or depict on a sign or advertisement in such a way that the item, sign, or advertisement may be viewed from a street: (1) a pistol; (2) a dirk; (3) a dagger; (4) a blackjack; (5) a hand chain; (6) a sword cane; (7) knuckles made of metal or any other hard substance; or (8) a switchblade, springblade, or throwblade knife" Tex. Fin. Code 371.179
The section restricts street-visible display and advertising by pawnbrokers. It does not bar a pawnshop from selling knuckles, and HB 446 did not change it. A violation of the chapter can bring an administrative penalty of up to $1,000 (Finance Code 371.303), and a licensed pawnbroker who wilfully violates the chapter commits a misdemeanor punishable by a fine of up to $1,000 (371.305).
Penalties
| Offense | Statute | Class and range |
|---|---|---|
| Possessing, making, transporting, repairing or selling knuckles (offense committed before Sept. 1, 2019) | former 46.05(a)(2) | Class A misdemeanor |
| Possessing knuckles (on or after Sept. 1, 2019) | 46.05 | Not an offense under 46.05 |
| Possessing or going with a club in a place listed in 46.03 (if knuckles are treated as a club) | 46.03(a), (g), (g-2) | Third-degree felony: 2 to 10 years (12.34(a)) and a fine up to $10,000 (12.34(b)), except as 46.03(g-1) and (g-2) provide; Class A misdemeanor for the subdivisions listed in (g-2) |
| Selling or giving a club to a child under 18 (if knuckles are treated as a club) | 46.06(a)(2), (d) | Class A misdemeanor: fine up to $4,000, jail up to one year, or both (12.21) |
| Possessing a deadly weapon in a correctional or civil commitment facility | 38.11(d)(2), (g) | Third-degree felony: 2 to 10 years and a fine up to $10,000 (12.34) |
| Carrying or possessing a deadly weapon while confined in a penal institution | 46.10 | Third-degree felony: 2 to 10 years and a fine up to $10,000 (12.34) |
Under Penal Code 12.21, a Class A misdemeanor is punishable by "a fine not to exceed $4,000," "confinement in jail for a term not to exceed one year," or both. Under 12.34, a third-degree felony carries imprisonment of "not more than 10 years or less than 2 years" and may also carry "a fine not to exceed $10,000."
Self-defense and other options in Texas
Readers comparing knuckles with other self-defense tools can find the rules for sprays and stun devices in our guide to Texas pepper spray and stun gun laws. When the law allows force at all is covered in Texas self-defense laws.
Related pages
- Brass knuckles laws by state
- Texas knife laws
- Texas pepper spray and stun gun laws
- Texas self-defense laws
This article provides general legal information about Texas state law, not legal advice. Weapons laws change and local rules vary. For advice about a specific situation, contact a lawyer licensed in Texas or your local law enforcement agency.
Last updated: 2026-10-08.
Frequently Asked Questions
Are brass knuckles legal in Texas?
Possessing, buying, selling and carrying knuckles is no longer an offense under Penal Code 46.05, because House Bill 446 removed knuckles from that list effective September 1, 2019. The club language in 46.03 (restricted places) and 46.06(a)(2) (transfers to children under 18) remains, and whether knuckles count as a club there is unresolved.
When did Texas legalize brass knuckles?
House Bill 446 (Acts 2019, 86th Leg., Ch. 216) took effect September 1, 2019. It removed knuckles from 46.05, repealed the knuckles definition in 46.01(8), and applies only to offenses committed on or after that date.
Can I carry brass knuckles in my pocket or car in Texas?
The unlawful-carrying statute, 46.02, covers handguns and, for people under 18, location-restricted knives, so it does not reach knuckles carried concealed, openly or in a vehicle. Carrying them into a place listed in 46.03 raises the open club question.
Can I bring brass knuckles to a school or college in Texas?
Section 46.03(a)(1) makes it an offense to possess or go with a club on the premises of a school or postsecondary educational institution, on school-owned grounds or buildings where a school-sponsored activity is being conducted, or in a school passenger transportation vehicle, unless the school authorizes it in writing; a 46.03 offense is a third-degree felony except as 46.03(g-1) and (g-2) provide. Whether knuckles are a club under 46.01(1) is unresolved.
Can a minor buy brass knuckles in Texas?
Section 46.06(a)(2) bars selling or giving a firearm, club or location-restricted knife to a child under 18, a Class A misdemeanor, with an affirmative defense for written parental permission (or effective consent for a non-sale transfer). Knuckles are not named, and whether they are a club is unresolved.
Can a felon own brass knuckles in Texas?
The Texas felon-in-possession statute, Penal Code 46.04, applies to firearms only, so it does not reach knuckles. The place restrictions in 46.03 apply to everyone.
Are knuckle knives legal in Texas?
A knuckle knife is a knife under 46.01(7). If its blade is over five and one-half inches, it is a location-restricted knife under 46.01(6), which 46.02(a-4) bars people under 18 from carrying and 46.03 bars from listed places. The 46.03 offense for such a knife is a Class C misdemeanor, except at a school or postsecondary institution under 46.03(a)(1), where it is a third-degree felony.
Can my city ban brass knuckles in Texas?
Local Government Code 229.001 (cities) and 236.002 (counties) bar local rules on firearms, air guns, archery equipment, knives and ammunition, but they do not name knuckles or clubs. Penal Code 1.08 separately bars local criminal penalties for conduct covered by the Penal Code. Check your city or county code for any local rule.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Texas Penal Code
§ 46.05PROHIBITED WEAPONSIn forcecited in 3 of our articles
(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: (A) an explosive weapon; or (B) a machine gun; (2) armor-piercing ammunition; (3) a chemical dispensing device; (4) a zip gun; (5) a tire deflation device; or (6) an improvised explosive device. (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) Repealed by Acts 2015, 84th Leg., R.S., Ch. 69 , Sec. 2, eff. September 1, 2015.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 61 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Ex Parte Jimenez (Court of Criminal Appeals of Texas 2012, 361 S.W.3d 679)“…pplicant was charged with unlawful possession of a firearm, Texas Penal Code Section 46.05 provided the following: § 46.05Unlaw…”
- Steels v. State (Court of Appeals of Texas 1993, 858 S.W.2d 636)“…ement provision in this situation. Appellant asserts that Tex.Penal Code Ann. § 46.05 is a special enhancement provision of T…”
- State v. Rodney A. Ortiz (Texas Court of Appeals, 13th District 2009)“…him, and placed him in Officer Garcia's squad car. See Tex. Penal Code Ann. § 46.05 (Vernon Supp. 2008). (1) During the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Texas Pepper Spray and Stun Gun Laws (2026), Texas Knife Laws (2026): Carry, Location-Restricted Knives
§ 46.01DEFINITIONSIn forcecited in 3 of our articles
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. (2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. (3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 95 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Walker v. State (Texas Court of Appeals, 14th District (Houston) 2007, 222 S.W.3d 707)“…CHALLENGE Appellant contends in his fifth issue that Texas Penal Code section 46.01 is unconstitutionally vague. However, a…”
- Lewis v. State (Court of Appeals of Texas 1993, 852 S.W.2d 667)“…it has an overall length of less than twenty-six inches.” Tex.Penal Code Ann. § 46.01(10) (Vernon 1989). Neither section ment…”
- Ford v. State (Court of Appeals of Texas 1993, 868 S.W.2d 875)“…altered, it has an overall length of less than 26 inches.” TexPenal Code Ann. § 46.01(10) (Vernon 1989). Section 46.06 makes…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46.03PLACES WEAPONS PROHIBITEDIn forcecited in 3 of our articles
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a): (1) on the premises of a school or postsecondary educational institution, on any grounds or building owned by and under the control of a school or postsecondary educational institution and on which an activity sponsored by the school or institution is being conducted, or in a passenger transportation vehicle of a school or postsecondary educational institution, whether the school or postsecondary educational institution is public or private, unless: (A) pursuant to written regulations or written authorization of the school or institution; or (B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of a postsecondary educational institution, on any grounds or building owned by and under the control of the institution and on which an activity sponsored by the institution is being conducted, or in a passenger transportation…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 41 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Moosani v. State (Court of Criminal Appeals of Texas 1995, 914 S.W.2d 569)“…offense, is at home or on premises under his control. See Tex.Penal Code § 46.03(a)(2) (1992). Clearly, appellant has…”
- Matocha v. State (Texas Court of Appeals, 6th District (Texarkana) 1994, 890 S.W.2d 144)“…defensive theory of traveling. This defense is governed by Tex. Penal Code Ann. § 46.03 [1] , which states: "The provisions of…”
- Bohn v. State (Texas Court of Appeals, 5th District (Dallas) 1983, 651 S.W.2d 274)“…form, and the weapon is in plain view. Compare Tex.Penal Code Ann. §§ 46.03(2) & 46.03(5) (Vernon Supp.1982-1983)…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46.06UNLAWFUL TRANSFER OF CERTAIN WEAPONSIn forcecited in 2 of our articles
(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 of age any firearm, club, or location-restricted knife; (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; (6) knowingly purchases, rents, leases, or receives as a loan or…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Lewis v. State (Court of Appeals of Texas 1993, 852 S.W.2d 667)“…th the felony offense of possession of a prohibited weapon. Tex.Penal Code Ann. § 46.06(a)(3) (Vernon Supp.1993). The appellant…”
- Ford v. State (Court of Appeals of Texas 1993, 868 S.W.2d 875)“…el firearm has “little or no lawful use.” Id., TexPenal Code Ann. § 46.06 (Vernon 1989). Appellant’s first…”
- Tyra v. State (Court of Criminal Appeals of Texas 1995, 897 S.W.2d 796)“…ble in a prosecution for possession of an illegal firearm, Tex. Penal Code Ann. § 46.06 . Narron was convicted of possession of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 46.02UNLAWFUL CARRYING WEAPONSIn forcecited in 3 of our articles
(a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or (B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and (3) is not: (A) on the person's own premises or premises under the person's control; or (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 163 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Birch v. State (Texas Court of Appeals, 4th District (San Antonio) 1997, 948 S.W.2d 880)“…iction for unlawfully carrying a handgun. See Tex. Penal Code Ann. § 46.02 (a) (Vernon 1994). Appellant James W. B…”
- Moosani v. State (Court of Criminal Appeals of Texas 1995, 914 S.W.2d 569)“…ly taken into custody for carrying a weapon in violation of Texas Penal Code § 46.02. He was tried and convicted, with punis…”
- Coleman v. State (Texas Court of Appeals, 5th District (Dallas) 1990, 790 S.W.2d 369)“…appeals from a conviction for unlawfully carrying a weapon. Tex.Penal Code Ann. § 46.02 (Vernon 1989). The trial court found Co…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Tex. Penal Code Chapter 46, Weapons (46.01 to 46.15)(tcss.legis.texas.gov).gov
- H.B. 446, 86th Legislature (2019), enrolled text(capitol.texas.gov).gov
- Tex. Penal Code 38.11, Prohibited substances and items in correctional or civil commitment facility(tcss.legis.texas.gov).gov
- Tex. Penal Code 1.07, Definitions (deadly weapon), and 1.08, Preemption(tcss.legis.texas.gov).gov
- Tex. Educ. Code Chapter 37, Discipline; Law and Order (37.006, 37.007, 37.015)(tcss.legis.texas.gov).gov
- Tex. Code Crim. Proc. Chapter 18, articles 18.18 and 18.19(tcss.legis.texas.gov).gov
- Tex. Loc. Gov't Code 229.001, Municipal regulation of firearms, knives and other items(tcss.legis.texas.gov).gov
- Tex. Loc. Gov't Code 236.002, County regulation of firearms, knives and other items(tcss.legis.texas.gov).gov
- Tex. Fin. Code Chapter 371, Pawnshops (371.179 display restrictions; 371.303 and 371.305 penalties)(tcss.legis.texas.gov).gov
- Tex. Penal Code 12.21 and 12.34, Class A misdemeanor and third-degree felony punishment(tcss.legis.texas.gov).gov