Texas license to carry violations — Penal Code § 46.035
Texas license to carry violations is a criminal offense under Penal Code § 46.035. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
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Classification: Class A misdemeanor (most LTC violations); Class B misdemeanor for failure to display the license on demand
Punishment range: Class A misdemeanor: up to 1 year county jail and $4,000 fine. Class B misdemeanor: up to 180 days county jail and $2,000 fine. License revocation under DPS administrative process is automatic on conviction.
The controlling statute
Texas Penal Code § 46.035 addresses violations specific to License to Carry (LTC) holders — including making a false statement on the LTC application, failing to surrender a suspended license, carrying while intoxicated under § 46.035(d), and failing to display the license on lawful demand by a peace officer. Constitutional Carry (HB 1927, 2021) eliminated the LTC requirement for most adults but did not repeal § 46.035; LTC holders remain bound by the licensing rules.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 46.035 |
| Cluster | Weapons |
| Classification | Class A misdemeanor (most LTC violations); Class B misdemeanor for failure to display the license on demand |
| Range | Class A misdemeanor: up to 1 year county jail and $4,000 fine. Class B misdemeanor: up to 180 days county jail and $2,000 fine. License revocation under DPS administrative process is automatic on conviction. |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 46.035 charge, the State must prove every element beyond a reasonable doubt:
- Defendant held a Texas License to Carry under Government Code § 411.171 et seq.
- Defendant engaged in conduct prohibited by § 46.035 — false application, failure to surrender, intoxicated carry, or failure to display
- Defendant acted intentionally, knowingly, or recklessly
- DPS suspended or revoked the license, or the peace officer made a lawful demand for the license
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every License to Carry Violations case:
- Defendant did not hold an active LTC at the time of offense — § 46.035 applies only to license holders
- No lawful peace-officer demand to display the license (encounter was consensual, not detention)
- Not intoxicated under § 49.01 — BAC below 0.08 and faculties not impaired
- Mistake of fact about license suspension or revocation status
- Fourth Amendment suppression of unlawful stop or pat-down
- Due-process challenge to DPS administrative revocation procedure
Enhancements & collateral consequences
Concurrent unlawful-carrying-of-a-handgun charges under § 46.02 may apply if the underlying conduct exceeds LTC privileges. Intoxicated carry triggers separate DWI charges if the defendant operated a motor vehicle. False statements on the LTC application can support a tampering-with-a-governmental-record charge under § 37.10, a state jail felony.
Key Legal Terms
- Constitutional Carry (HB 1927)
- 2021 legislation allowing adults 21+ who are not federally prohibited to carry a handgun without a Texas LTC; does not preempt prohibited-place rules under § 46.03.
- LTC Suspension
- DPS administrative action under Government Code § 411.187 that temporarily voids carrying privileges; carrying during suspension is a § 46.035 violation.
- Intoxicated (§ 49.01)
- BAC of 0.08 or higher, or loss of normal use of mental or physical faculties due to alcohol, drugs, or combination; standard incorporated by reference into § 46.035(d).
Frequently Asked Questions
Did Texas Constitutional Carry repeal Penal Code § 46.035?
What happens if I refuse to show my LTC during a traffic stop?
Can I carry under my LTC after a DWI arrest but before conviction?
Is carrying intoxicated illegal even with an LTC?
Does a § 46.035 conviction become a firearms disability?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with License to Carry Violations? Talk to L and L Law Group.
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