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Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 435 adds Section 46.022 to the Penal Code, establishing the offense of unlawful carrying of a firearm while intoxicated. The bill prohibits individuals from carrying firearms, including handguns and long guns, in public while intoxicated, as defined by Section 49.01 of the Penal Code, which includes impairment of mental or physical faculties or a blood alcohol concentration of 0.08 or more. Exceptions are provided for peace officers, special investigators, or individuals carrying unloaded and encased firearms. The bill specifies that having a license to carry under Subchapter H, Chapter 411, does not exempt individuals from this prohibition. Violations are classified as Class C misdemeanors. The act takes effect on September 1, 2025.
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