Texas weapons in prohibited places — Penal Code § 46.03
Texas weapons in prohibited places is a criminal offense under Penal Code § 46.03. Base conduct is classified as a third-degree felony; enhancements and aggravators can move the punishment range higher. 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.
Classification: Third-degree felony (most locations); Class A misdemeanor for 51%-alcohol bar, polling place, government meeting, or amusement park
Punishment range: Third-degree felony: 2–10 years TDCJ and up to $10,000 fine for schools, school buses, courts, racetracks, or secure airport areas. Class A misdemeanor for 51% bars, polling places, government meetings, hospitals, and amusement parks: up to 1 year county jail and $4,000 fine.
The controlling statute
Penal Code § 46.03 lists locations where carrying a firearm is forbidden even for License to Carry (LTC) holders. The harshest exposure — third-degree felony — attaches to school premises (including school buses, school-sponsored activities, and collegiate sporting events), polling places during voting hours, courts and court offices, racetracks, secured airport areas, and execution sites. Class A misdemeanors cover "51% bars," government meetings with proper notice, hospitals, nursing homes, and amusement parks.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 46.03 |
| Cluster | Weapons |
| Classification | Third-degree felony (most locations); Class A misdemeanor for 51%-alcohol bar, polling place, government meeting, or amusement park |
| Range | Third-degree felony: 2–10 years TDCJ and up to $10,000 fine for schools, school buses, courts, racetracks, or secure airport areas. Class A misdemeanor for 51% bars, polling places, government meetings, hospitals, and amusement parks: up to 1 year county jail and $4,000 fine. |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 46.03 charge, the State must prove every element beyond a reasonable doubt:
- Defendant intentionally, knowingly, or recklessly possessed a firearm or club
- Possession occurred at a location enumerated in § 46.03(a)
- The location was properly posted or otherwise gave statutory notice (§ 30.06 / § 30.07 for 51% bars; statutory designation for schools and courts)
- Defendant did not qualify for a peace-officer, judge, or court-officer exemption under § 46.15
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Weapons in Prohibited Places case:
- Premises not properly posted — § 30.06/§ 30.07 signage must meet exact font, size, and language specifications
- Location does not derive 51% or more of receipts from on-premises alcohol consumption (TABC red sign required)
- Defendant qualified for the peace officer, military, judge, or court-officer exemption under § 46.15
- Firearm was secured in a locked vehicle in a parking lot (parking-lot defense under § 46.03(f))
- Lack of knowledge that the location was prohibited (mistake of fact)
- First Amendment / Second Amendment as-applied challenge under Bruen (N.Y. State Rifle v. Bruen, 2022)
Enhancements & collateral consequences
Possession on school premises with intent to use the firearm triggers Penal Code § 46.11, which doubles the minimum punishment. A conviction creates a federal firearms disability under 18 U.S.C. § 922(g) if the offense is classified as a felony. Possession in a secured airport area may trigger parallel federal charges under 49 U.S.C. § 46505 (carrying a weapon aboard aircraft).
Key Legal Terms
- License to Carry (LTC)
- Texas Government Code § 411.171 license authorizing concealed and open carry of a handgun by qualified adults; does not override § 46.03 prohibited-location restrictions.
- § 30.06 / § 30.07 Signs
- Statutory trespass notices that property owners may post to prohibit concealed (§ 30.06) or open (§ 30.07) carry on private premises; signs must meet exact size, font, and language requirements.
- Premises (§ 46.035)
- Building or portion of building; does not include parking lots, parking garages, or driveways where the parking-lot defense may apply.
Frequently Asked Questions
Can an LTC holder carry inside a Texas courthouse?
What is a 51% sign in Texas?
Can I carry on a college campus in Texas?
Does the parking-lot defense apply at schools?
What if I forgot the location was a polling place?
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 Weapons in Prohibited Places? Talk to L and L Law Group.
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