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.
Free, Confidential Case Review
Tell us what happened. A defense attorney reviews every submission — usually within an hour, day or night.
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.
Co-founding partners Reggie London and Njeri London ensure attorney-level review at every stage. Free consultation. Frisco, Texas.
Call (972) 370-5060