Penal Code · §46.03

Places Weapons Prohibited

Elements

  • A person
  • Intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon (listed in §46.05)
  • On the premises of: a school or educational institution (or any school transportation vehicle); a polling place on election day or during early voting; a court or court offices; a racetrack; a secured airport area; a place where high school/collegiate/professional sporting event is taking place; a correctional facility; a hospital or nursing home (with notice); an amusement park (with notice); a place of religious worship (without effective consent — repealed/modified for licensed carriers); or other locations enumerated in §46.03

Penalty

Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34). Some locations (e.g., amusement parks, places of religious worship in some sub-sections) carry Class A misdemeanor classification.

Enhancements

Specific defenses available for licensed carriers, peace officers, school resource officers, and certain other authorized persons. Intoxicated possession of firearm in public is a separate offense under §46.035(d).

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