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Howdy, 46.02 of the penal code makes it unlawful to carry a handgun or about your person unless you meet specific requirements. The law does not address the loaded or unloaded state of the gun, or whether it is concealed or not. Any way is Unlawful minus the exception.

46.02 goes on and says carry on your own premise or premises under your control is not a violation. No mention of open or concealed. So carry either way is legal.

It also makes car or boat carry lawful if the handgun is not in plain view. (Must be concealed)



PC 46.15 (b) says that 46.02 does not apply to a person who is traveling. Open or concealed.

bigbang wrote:

jbarn wrote:It is important to note that a defense to prosecution is not a defense from prosecution. One can be arrested, charged and taken to trial for an offense where an obvious defense to prosecution exists.

That's true. Theoretically someone could be arrested and prosecuted for checking their firearm as baggage in accordance with the law, because that's a defense to prosecution like no 51% sign. However, there's no defense to prosecution for a CHL who displays a handgun to demonstrate it's unloaded. How much you worry about those things is up to you.

How does displaying a handgun to demonstrate its unloaded relate to the question at hand? Are you referring to flying with your handgun? One does not need a CHL to take your handgun on a flight. Under 46.15(b) or the penal code, there is no offense of carrying a handgun under penal code 46.02 for a person traveling. A person traveling can open or concealed carry. Taking your handgun out at the ticket counter to demonstrate it is unloaded is not a violation of any law. No defense to prosecution is needed.

I love these forums..... The different mindsets and points of view are interesting to me

Some folks worry an uninformed officer would arrest them for doing something that is not illegal, and others are unconcerned that they could ever be charged with an offense if there is a defense to prosecution available. Two opposite ends of the spectrum.


After rereading your post, I think perhaps you referring to the pc 46.03 defense to prosecution for carrying a firearm in or into the secured area of an airport. When you used the word "display" I thought you were referring to the pc 46.035 violation of intentionally displaying a handgun in a public place in plain view of another.

Frankly, I do not understand why that defense is even needed. When you check your baggage you do not carry it in or into the secured area of an airport. Even without the defense I don't see what they could charge you with. Maybe I am missing something......

A-R wrote:If the sign is not visible before you enter the 51% location then you likely have a defense to prosecution, but you have to read down to (k) under PC 46.035 to find it. As soon as you do see the sign, leave.

(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.

It is important to note that a defense to prosecution is not a defense from prosecution. One can be arrested, charged and taken to trial for an offense where an obvious defense to prosecution exists.

The law does not make it unlawful to carry past a 51% sign. It makes it unlawful to carry into a 51% location. Wrongly posted signs can be ignored without legal consequence, and places that are 51% but fail to post are still off limits.

I think looking for loopholes like faded signs or signs not posted at entrances is looking to be arrested and spending a ton of money. If it talks like a bar and quacks like a bar.....