Sec.46.02.UNLAWFUL CARRYING WEAPONS. (a)A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not
(1)on the person's own premises or premises under the person's control; or
(2)inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(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 that is owned by the person or under the person's control at any time in which:
(1)the handgun is in plain view; or
(2)the person is:
(A)engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B)prohibited by law from possessing a firearm; or
(C)a member of a criminal street gang, as defined by Section 71.01.
(a-2)For purposes of this section, "premises" includes real property and a recreational vehicle that is being used 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.
(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.