There's a difference between a possession of a prohibited weapon and unlawful carrying of a weapon. Part one of series deals with unlawful carrying of weapons.
You can have a weapon listed under the unlawful carrying of weapon statute, but you can only possess it in certain situations.
UNLAWFUL CARRYING OF WEAPONS:
If you carry a handgun, an illegal knife, or a "club," out in the open, you'll be charged with this offense.
If you have a handgun, an illegal knife, or a club, in your home or on your premisis you'll be fine and not charged. Likewise, if the weapon is inside of or directly en route to a motor vehicle that you own you'll be fine. However, if its in your vehicle the weapon can at no time be in "plain view" for ANY REASON. It must always be COMPLETELY CONCEALED. Often times people get charged up with this offense for the butt of the handgun sticking out from under the seat, so be sure to always keep it concealed. Also, of course, if your engaged in criminal activity with the weapon, a member of a gang, or your otherwise prohibited from owning the weapon (prior felony or under indictment for other offense)
If you get charged up with this offense you're looking at a Class A misdemanor, or a third degree felony if you're accused of having the weapon in an establishment that sells alcohol.
Anillegal knife is a knife with a blade over five and one-half inches, or a hand instrument designed to cut or stab another by being thrown, or a dagger including but not limited to a dirk, stiletto, and poiniard; or a bowie knife, or a sword, or a spear.
A club is an instrument that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person. Including but not limited to a blackjack, a nightstick, a mace, or a tomahawk.
While CHL holders have to follow this, they have additinal different rules that I'll blog on later.
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"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.
"Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
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 or watercraft 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 or watercraft 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 or boating;
(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.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(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.