Texas Motorist Protection Act and Vehicle Carry

Section 46.02(a-1) of the Texas Penal Code, often called the Motorist Protection Act, allows persons 21 or older (or 18+ active military) who are not otherwise prohibited from possessing a firearm to carry a handgun in a vehicle or watercraft they own or control. The handgun must not be in plain view unless the carrier holds a License to Carry. The carrier may not be a member of a criminal street gang or engaged in criminal activity beyond a Class C traffic or boating offense. Long guns are generally unrestricted in vehicles. Local Texas governments cannot enact stricter vehicle-carry rules; firearm regulation is preempted by Government Code Section 229.001.

Unlawful Carrying of a Weapon under Penal Code 46.02 is generally a Class A misdemeanor; carrying onto premises licensed for alcohol sales or while intoxicated can elevate the offense to a third-degree felony.