Penal Code · §46.03

Places Weapons Prohibited

Possesses or goes with a weapon onto premises prohibited regardless of any license: schools and school-sponsored events, polling places on election day, court premises, racetracks, secured airport areas, correctional facilities, hospitals/nursing homes (with notice), amusement parks (with notice), churches (with notice), and others.

To prove this offense, the State must establish each of the following elements: Possesses or goes with a weapon; Onto premises listed in §46.03; Generally a 3rd degree felony.

The base classification is 3rd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Possesses or goes with a weapon
  • Onto premises listed in §46.03
  • Generally a 3rd degree felony
Texas Law — Charge Details
3rd Degree Felony
Offense
Places Weapons Prohibited
Statute
Tex. Penal Code §46.03
Classification
3rd degree felony

Possesses or goes with a weapon onto premises prohibited regardless of any license: schools and school-sponsored events, polling places on election day, court premises, racetracks, secured airport areas, correctional facilities, hospitals/nursing homes (with notice), amusement parks (with notice), churches (with notice), and others.

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Worked examples

Worked example 1

Under §46.03, which of the following is a 'place weapons prohibited' regardless of any license?

  1. Residential driveways
  2. Schools (and certain school events), polling places on election day, court premises, racetracks, secured airport areas, places of execution, correctional facilities — among others Correct
  3. Public parks generally
  4. Department stores
Why: §46.03 lists locations where carrying a weapon is unlawful regardless of any license — schools, school-sponsored events, polling places, court premises, racetracks, secured airport areas, correctional facilities, hospitals/nursing homes (with notice), amusement parks (with notice), churches (with notice), etc. Generally a 3rd degree felony.
Statute: Tex. Penal Code §46.03