The law in Texas is strict when it comes to carrying weapons in certain places. Below, Price & Twine, PLLC goes over what areas in Texas firearms are prohibited, potential penalties for violating the law, and why to involve a criminal defense attorney if charged.
Attorney for Carrying a Weapon in a Prohibited Place in Williamson County
The attorneys at Price & Twine are experienced with representing clients charged with weapons-related offenses in Texas, including carrying a firearm or weapon in a prohibited place. Our firm serves the communities of Williamson and Bell County, Texas. If you or a loved one has been arrested or charged with carrying a weapon in a restricted or prohibited place, contact our firm to schedule a free consultation to discuss your case.
Information Center
- Places Weapons are Prohibited
- Exceptions to the Law
- Carrying a Weapon in an Airport
- Frequently Asked Questions
- Additional Resources
Places Weapons are Prohibited
Under Section 46.03 of the Texas Penal Code, an offense is committed if a person knowingly, intentionally, or recklessly possesses or carries certain types of weapons, including clubs, certain knives, firearms, or other prohibited weapons, in designated areas. The following locations are among those where these weapons are prohibited:
- Educational institutions and their related premises
- Polling places during an election
- Government court premises and offices
- Racetracks
- Secured areas of airports
- Execution areas designated by the Texas Department of Criminal Justice
- Certain alcohol-selling businesses
- Sporting event venues
- Correctional and civil commitment facilities
- Licensed hospitals and nursing facilities
- Mental hospitals
- Amusement parks
- Government meetings open to the public
Exceptions to the Law
While the law is clear about where weapons are prohibited, it also offers specific exceptions. For example, it’s a defense if the person possessed a firearm while in the actual discharge of official duties as a member of the armed forces, national guard, penal institution guard, or an officer of the court.
It’s important to note that the classifications for violating this statute vary. While most offenses are felonies of the third degree punishable by 2-10 years in prison and up to a $10,000 fine, there are some exceptions in which the offense is classified as a Class A misdemeanor punishable by up to 1 year in jail and up to a $4,000 fine, or a Class C misdemeanor punishable by up to a $500 fine.
Can License Holders Be Exempted?
One might think that holding a license to carry a weapon might give them a free pass, but that’s not the case. Even licensed individuals are prohibited from carrying weapons in the above-mentioned locations, with very limited exceptions.
Carrying a Weapon in an Airport
In the case of carrying a weapon in or into a secured area of an airport, including Austin–Bergstrom International Airport (ABIA), you could claim defense under two conditions:
- You placed all firearms in checked baggage according to federal or state law prior to coming into the secured zone.
- You were authorized by a federal agency or the airport operator to possess a firearm in a secured area.
For Handgun License Holders At Airport Security
If you have a handgun that you possess a license to carry under Texas law and you happen to be at the screening checkpoint of an airport’s secured area, you will not be arrested if:
- You exit the screening checkpoint immediately upon completion of the required screening processes and notification that you possess the handgun.
For Security Officers In Certain Areas
If you are a security officer, particularly one commissioned by the Texas Private Security Board, wearing a uniform and having the weapon in plain view, it can be a defense for carrying a firearm on the premises of a racetrack or similar environments.
Vehicle And Residence Exception
If you possessed a firearm or club while in a vehicle being driven on a public road or at your residence or place of employment, it is an exception to the law.
Remember that having a license to carry a handgun is generally not a defense to prosecution under this section, except under specific circumstances mentioned above.
Frequently Asked Questions
What Are the Exceptions to This Rule?
The law has a few notable exceptions. For instance, those discharging their official duties as a member of the National Guard, the armed forces penal institution guards, or other officers of the court, are exempt from the weapons law. There are also specific defenses for security officers and individuals passing through secured areas of airports.
Can a Person With A Concealed Handgun License Carry a Weapon In A Prohibited Place
Even if a person has a license to carry a concealed handgun, Texas law still imposes restrictions. Texas law states that the license holder is guilty of an offense if the license holder possesses a handgun in specific places like institutions of higher education that have established rules against it, or they otherwise display it in plain view on these premises.
What are the Defenses to Prosecution?
Apart from the exceptions mentioned above, the law offers a defense for those who possess a handgun they are licensed to carry if they immediately exit the screening checkpoint at a secured area of an airport upon realizing they possess the handgun.
What Constitutes a “Secured Area” of an Airport Under This Statute?
The term “secured area” refers to an area of an airport terminal building where access is controlled by the inspection of persons and property under federal law. It doesn’t include public spaces like parking lots and baggage claim areas.
How Does This Law Affect Private Security Officers?
Texas law provides specific defenses for security officers. Depending on the specific circumstances and conditions are met, such as wearing a uniform and carrying the weapon in plain view, security officers may possess weapons in certain prohibited places for official duties.
Can A Person Legally Carry a Weapon if Traveling Through A Prohibited Area?
In the case of a secured area of an airport, if the individual checks their firearms into baggage under state or federal regulations or law, then they have a defense. This is also true for those who immediately exit a secured area upon being notified they possess a weapon.
Additional Resources
Texas Penal Code 46.03: Places Where Handguns are Prohibited – View the statute, which identifies all the placed where carrying a handgun is prohibited.
Hire a Weapons Defense Attorney in Texas | Price & Twine
Understanding Texas law is important for anyone dealing with charges related to weapon possession in prohibited places or unlawful carry of a weapon. Namely, the law provides defenses and exceptions that may be applicable in different scenarios. If you find yourself facing charges, consult with Texas criminal defense lawyers experienced in weapons-related criminal offenses.
The attorneys at Price & Twine are experienced at defending clients in serious criminal cases, including those involving unlawful possession charges. Our aim is to get your criminal charges resolved on the most favorable grounds possible. We proudly serve the communities of Georgetown, Round Rock and throughout Williamson County Texas. Get in touch with Price & Twine for a consultation regarding your case.