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Texas Penal Code - Section 46.15. Nonapplicability

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 46.15. Nonapplicability

§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to: (1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator'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; (4) a judge or justice of a federal court, 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; (5) an honorably retired peace officer or federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that: (A) verifies that the officer honorably retired after not less than 15 years of service as a commissioned officer; and (B) is issued by a state or local law enforcement agency; or (6) a district attorney, criminal district attorney, or county attorney 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. (b)(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. (b)(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. (b)(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. (b)(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. (g) Repealed by Acts 2005, 79th Leg., ch. 1093, § 4; Acts 2005, 79th Leg., ch. 1179, § 3. (h) For the purpose of Subsection (b)(2), "premises" includes a recreational vehicle that is being used by the person carrying the handgun, illegal knife, or club as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. Text of subsec. (i) as added by Acts 2005, 79th Leg., ch. 288, § 1 (i) For purposes of Subsection (b)(3), a person is presumed to be traveling if the person is: (1) in a private motor vehicle; (2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic; (3) not otherwise prohibited by law from possessing a firearm; (4) not a member of a criminal street gang, as defined by Section 71.01; and (5) not carrying a handgun in plain view. Text of subsec. (i) as added by Acts 2005, 79th Leg., ch. 976, § 4 (i) The provisions of Section 46.02 prohibiting the carrying of a handgun do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. 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; Acts 2003, 78th Leg., ch. 325, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 421, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 795, § 1, eff. June 20, 2003; Acts 2005, 79th Leg., ch. 288, § 1, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 728, § 23.001(78), eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 976, § 4, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1093, § 1, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 1179, § 2, 3, eff. Sept. 1, 2005.

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Last modified: August 11, 2007