San Antone RR
Well-Known
TXInvestigator forwarded this article he authored to me. It is an overview of TX gun laws. It is a long read, but worth your time.
This is not intended as legal advice and you should read the appropriate sections of the TPC to verify.
A Brief Review of Basic Texas Weapons Laws
© Txinvestigator 2011
Section 1
The weapons laws in Texas are a constant source of confusion and bewilderment for many people. The construction of the penal code does not make for a comfortable, simple read. In this review I will attempt to put in simple layman's terms the basic weapon laws in the Great State of Texas. I will also attempt to do so in a manner that is direct and follows a logical path.
Plain English will be used, but the text of many of the laws will also be presented for those who like to dissect and obtain a more thorough understanding. Actual laws are printed in bold, and are from the penal code unless otherwise noted. Definitions will be covered as we get to them, rather than listed in one location.
Texas law generally proscribes the carry of handguns, illegal knives and clubs on or about your person. (penal code 46.02) “On your person” means just that. The courts have ruled that “about your person” means any area within your immediate access. This includes the passenger compartments of motor vehicles. Basically, if you can lunge and reach it, it is about your person.
We all know what handguns are. Illegal knives are those with a blade over five and one-half inches, a hand instrument designed to cut or stab another by being thrown, a dagger, including but not limited to a dirk, stiletto, and poniard, a bowie knife, a sword, and a spear. (penal code 46.01(6))
Clubs are defined as an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following; blackjack, nightstick, mace and tomahawk. (penal code 46.01(1)) A baseball bat is not, by definition, a club. Cut the end off, fill it with lead and tape the handle and you have “adapted” the bat as a club. Nightsticks, ASPs, batons, PR-24s, etc., are all clubs
Penal Code section 46.02 also states that it is not an offense if the handgun, illegal knife of club is carried on your own premises or premises under your control, or if you are inside of or directly en route from your residence to a motor vehicle or watercraft (watercraft are not legal until Sept.1, 2011) that you own or are in control of.
That section goes on to state 4 restrictions for handgun carry in a motor vehicle or watercraft. The handgun must not be in plain view, you must not be a member of a criminal street gang, you cannot be prohibited by law from possessing a firearm, and you cannot be in the commission of a crime at the time. Traffic offenses or boating offenses that are class C misdemeanors do not count, nor do city ordinance violations. These restrictions only apply to the carry of a handgun. This section requires the handgun be concealed.
In this part of the code the term “premises” is defined as including “real property”. It is not limited to building and portions of buildings as in a later section of the code. “Your premises” covers all of your property. If you live in a home, that includes the yard and driveway. If you live in an apartment, it does not cover common areas that are not within your control.
The phrase “premises under your control” includes your business location, if you control it. Notice that those working at gun ranges and many gun stores carry handguns on their persons. They may not own the store, but they control it while working. The store manager for a large retail store would control the premises, but I doubt the Clinique girl working the cosmetics counter has the premises “under her control”. This section covering your premises and premises under your control is silent on the condition the weapon is carried; open or concealed, meaning a person can carry either way.
For now, let's consider that what we have discussed so far is the basic law regarding the carry of handguns, illegal knives and clubs. In the next section, we will discuss from where a CHL holder is given the authority to carry, as well as other times the carry of weapons is not unlawful.
Violating section 46.02 is a class A misdemeanor, meaning a person convicted can be sentenced to up to a year in jail, a fine up to $4,000, or both, unless it is where alcohol is sold, then it is a third degree felony, meaning 2 to 10 years in prison and up to a $10,000 fine.
In summary, if you are a law abiding citizen then car carry is lawful as long as the handgun remains concealed, and you can carry on your own premises or premises under your control.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. (not in effect until 9-1-11)
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Section 2
If Texas law generally only allows the carry of handguns, illegal knives and clubs under those conditions, how do police officers, CHL holders, and others lawfully carry outside of those restrictions? Section 46.15 of the penal code is titled Non-Applicability. It tells us when section 46.02 (unlawful carrying weapons; the law described in section 1) does not apply to a person. Section (a) covers police officers, military, etc. Section (b)(6) tells us that section 46.02 does not apply to a person who is carrying a valid CHL and a concealed handgun of the same action type as listed on his CHL. Action type refers to semi-auto and non-semi auto. A person licensed to carry a semi-auto can carry either, and a person licensed to carry a non-semi auto can only carry a revolver or single shot handgun.
That means a person who has a CHL is exempt from the 46.02 law. Of course, you must have your license with you and be carrying the proper category of handgun. There has been much discussion if this section allows CHL holders to carry an illegal knife and club, as it appears to exempt the person from all of 46.02. From a strict reading of the law it appears that is correct.
This section of the code requires the handgun be concealed. However, there are other times where there is no such requirement. For example, 46.15 (b)(1)exempts a person who is in the actual discharge of official duties as a member of the armed forces or state military forces, or as a guard employed by a penal institution. The code is silent on open or concealed. In addition there are other times when 46.02 does not apply; such as to a person who is traveling. Traveling is not defined. The old “crossing three counties” and other speculated definitions just are not definitions. Personally, I would not rely on this section, as what YOU consider traveling and what a police officer or judge might consider could be vastly different.
Under 46.15(b)(4), section 46.02 does not apply to a person who is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle or watercraft (watercraft is not lawful until Sept., 2011) if the weapon is a type commonly used in the activity. Again, the law is silent on open or concealed carry. Shooting at a shooting range would be an example of the use of this section. Carrying an illegal knife while hunting or fishing is another example
There are other exceptions that can be found in 46.15(b) An armed guard can carry, but his weapons MUST be in plain view. As you can see, Texas does not completely restrict the open carry of handguns.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;9
(2) is on the person's own premises or premises under the person's control unless the person is an employee or agent of the owner of the premises and the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5);
(3) is traveling;
(4) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or or is en route between the premises and the actor's residence, or motor vehicle, or watercraft ( watercraft not effective until 9-1-11), if the weapon is a type commonly used in the activity;
(5) holds a security officer commission issued by the Texas Private Security Board, if the person:
(A) is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment; and
(B) is either:
(i) wearing the officer's uniform and carrying
the officer's weapon in plain view; or
(ii) acting as a personal protection officer and carrying the person's security officer commission and personal protection officer authorization;
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying; or
(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises.
(c) The provision of Section 46.02 prohibiting the carrying of a club does not apply to a non commissioned security guard at an institution of higher education who carries a nightstick or similar club, and who has undergone 15 hours of training in the proper use of the club, including at least seven hours of training in the use of the club for nonviolent restraint. For the purposes of this subsection, "nonviolent restraint" means the use of reasonable force, not intended and not likely to inflict bodily injury.
(d) The provisions of Section 46.02 prohibiting the carrying of a firearm or carrying of a club do not apply to a public security officer employed by the adjutant general under Section 431.029, Government Code, in performance of official duties or while traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony.
Section 3
In this section we will look at further restrictions on CHL holders and others, beyond those basic restrictions in section 46.02. Notice 46.02 did not mention rifles or shotguns, or even bombs. Section 46.03 is titled “Places Weapons Prohibited”, and refers to firearms, illegal knives, clubs, or prohibited weapons listed in Section 46.05(a). We will cover the weapons that are unlawful to even possess in 46.05 in a later section. Notice that 46.03 includes ALL firearms, not just handguns.
Why are CHL holders not exempt from these restrictions in 46.03? The section of the penal code that allows CHL holders to carry handguns ONLY exempts them from section 46.02 of the code. CHL holders, or any of those exceptions listed in 46.15(b) are not exempt from section 46.03. (as a note, police officers and many others are exempt from 46.03)
This law makes it unlawful to possess or go with one of those weapons to many locations. For purposes of this section, the penal code defines premises as “a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.”
The prohibited locations are;
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack. Racetracks are defined as where there is Para mutual betting such as dog and horse tracks. It does not refer to auto or motorcycle races, etc.
Sec. 46.01. DEFINITIONS. In this chapter:
(15) "Racetrack" has the meaning assigned that term by the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
Art. 179e. TEXAS RACING ACT.
Sec. 1.03. In this Act:
(25) "Racetrack" means a facility that is licensed under this Act for the conduct of pari-mutuel wagering on greyhound racing or horse racing.
Additional places restricted by this section are
(5) in or into a secured area of an airport;
Penal Code 46.03
(c) In this section:
(2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
Other restricted places under 46.03.
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
There are times when there is an exception to some of these. For example, it is a defense if you checked your weapon in your luggage while flying, or if you are a security guard working at a racetrack, etc.
It is a felony to carry a listed weapon in the places set out in this section.
Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
This is not intended as legal advice and you should read the appropriate sections of the TPC to verify.
A Brief Review of Basic Texas Weapons Laws
© Txinvestigator 2011
This is a revised version that includes relevant sections of the Legislative changes from the 82nd (2011) session of the Texas Legislature.
Section 1
The weapons laws in Texas are a constant source of confusion and bewilderment for many people. The construction of the penal code does not make for a comfortable, simple read. In this review I will attempt to put in simple layman's terms the basic weapon laws in the Great State of Texas. I will also attempt to do so in a manner that is direct and follows a logical path.
Plain English will be used, but the text of many of the laws will also be presented for those who like to dissect and obtain a more thorough understanding. Actual laws are printed in bold, and are from the penal code unless otherwise noted. Definitions will be covered as we get to them, rather than listed in one location.
Texas law generally proscribes the carry of handguns, illegal knives and clubs on or about your person. (penal code 46.02) “On your person” means just that. The courts have ruled that “about your person” means any area within your immediate access. This includes the passenger compartments of motor vehicles. Basically, if you can lunge and reach it, it is about your person.
We all know what handguns are. Illegal knives are those with a blade over five and one-half inches, a hand instrument designed to cut or stab another by being thrown, a dagger, including but not limited to a dirk, stiletto, and poniard, a bowie knife, a sword, and a spear. (penal code 46.01(6))
Clubs are defined as an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following; blackjack, nightstick, mace and tomahawk. (penal code 46.01(1)) A baseball bat is not, by definition, a club. Cut the end off, fill it with lead and tape the handle and you have “adapted” the bat as a club. Nightsticks, ASPs, batons, PR-24s, etc., are all clubs
Penal Code section 46.02 also states that it is not an offense if the handgun, illegal knife of club is carried on your own premises or premises under your control, or if you are inside of or directly en route from your residence to a motor vehicle or watercraft (watercraft are not legal until Sept.1, 2011) that you own or are in control of.
That section goes on to state 4 restrictions for handgun carry in a motor vehicle or watercraft. The handgun must not be in plain view, you must not be a member of a criminal street gang, you cannot be prohibited by law from possessing a firearm, and you cannot be in the commission of a crime at the time. Traffic offenses or boating offenses that are class C misdemeanors do not count, nor do city ordinance violations. These restrictions only apply to the carry of a handgun. This section requires the handgun be concealed.
In this part of the code the term “premises” is defined as including “real property”. It is not limited to building and portions of buildings as in a later section of the code. “Your premises” covers all of your property. If you live in a home, that includes the yard and driveway. If you live in an apartment, it does not cover common areas that are not within your control.
The phrase “premises under your control” includes your business location, if you control it. Notice that those working at gun ranges and many gun stores carry handguns on their persons. They may not own the store, but they control it while working. The store manager for a large retail store would control the premises, but I doubt the Clinique girl working the cosmetics counter has the premises “under her control”. This section covering your premises and premises under your control is silent on the condition the weapon is carried; open or concealed, meaning a person can carry either way.
For now, let's consider that what we have discussed so far is the basic law regarding the carry of handguns, illegal knives and clubs. In the next section, we will discuss from where a CHL holder is given the authority to carry, as well as other times the carry of weapons is not unlawful.
Violating section 46.02 is a class A misdemeanor, meaning a person convicted can be sentenced to up to a year in jail, a fine up to $4,000, or both, unless it is where alcohol is sold, then it is a third degree felony, meaning 2 to 10 years in prison and up to a $10,000 fine.
In summary, if you are a law abiding citizen then car carry is lawful as long as the handgun remains concealed, and you can carry on your own premises or premises under your control.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. (not in effect until 9-1-11)
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
Section 2
If Texas law generally only allows the carry of handguns, illegal knives and clubs under those conditions, how do police officers, CHL holders, and others lawfully carry outside of those restrictions? Section 46.15 of the penal code is titled Non-Applicability. It tells us when section 46.02 (unlawful carrying weapons; the law described in section 1) does not apply to a person. Section (a) covers police officers, military, etc. Section (b)(6) tells us that section 46.02 does not apply to a person who is carrying a valid CHL and a concealed handgun of the same action type as listed on his CHL. Action type refers to semi-auto and non-semi auto. A person licensed to carry a semi-auto can carry either, and a person licensed to carry a non-semi auto can only carry a revolver or single shot handgun.
That means a person who has a CHL is exempt from the 46.02 law. Of course, you must have your license with you and be carrying the proper category of handgun. There has been much discussion if this section allows CHL holders to carry an illegal knife and club, as it appears to exempt the person from all of 46.02. From a strict reading of the law it appears that is correct.
This section of the code requires the handgun be concealed. However, there are other times where there is no such requirement. For example, 46.15 (b)(1)exempts a person who is in the actual discharge of official duties as a member of the armed forces or state military forces, or as a guard employed by a penal institution. The code is silent on open or concealed. In addition there are other times when 46.02 does not apply; such as to a person who is traveling. Traveling is not defined. The old “crossing three counties” and other speculated definitions just are not definitions. Personally, I would not rely on this section, as what YOU consider traveling and what a police officer or judge might consider could be vastly different.
Under 46.15(b)(4), section 46.02 does not apply to a person who is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle or watercraft (watercraft is not lawful until Sept., 2011) if the weapon is a type commonly used in the activity. Again, the law is silent on open or concealed carry. Shooting at a shooting range would be an example of the use of this section. Carrying an illegal knife while hunting or fishing is another example
There are other exceptions that can be found in 46.15(b) An armed guard can carry, but his weapons MUST be in plain view. As you can see, Texas does not completely restrict the open carry of handguns.
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;9
(2) is on the person's own premises or premises under the person's control unless the person is an employee or agent of the owner of the premises and the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5);
(3) is traveling;
(4) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or or is en route between the premises and the actor's residence, or motor vehicle, or watercraft ( watercraft not effective until 9-1-11), if the weapon is a type commonly used in the activity;
(5) holds a security officer commission issued by the Texas Private Security Board, if the person:
(A) is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment; and
(B) is either:
(i) wearing the officer's uniform and carrying
the officer's weapon in plain view; or
(ii) acting as a personal protection officer and carrying the person's security officer commission and personal protection officer authorization;
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying; or
(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises.
(c) The provision of Section 46.02 prohibiting the carrying of a club does not apply to a non commissioned security guard at an institution of higher education who carries a nightstick or similar club, and who has undergone 15 hours of training in the proper use of the club, including at least seven hours of training in the use of the club for nonviolent restraint. For the purposes of this subsection, "nonviolent restraint" means the use of reasonable force, not intended and not likely to inflict bodily injury.
(d) The provisions of Section 46.02 prohibiting the carrying of a firearm or carrying of a club do not apply to a public security officer employed by the adjutant general under Section 431.029, Government Code, in performance of official duties or while traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the carrying of an illegal knife do not apply to an individual carrying a bowie knife or a sword used in a historical demonstration or in a ceremony in which the knife or sword is significant to the performance of the ceremony.
Section 3
In this section we will look at further restrictions on CHL holders and others, beyond those basic restrictions in section 46.02. Notice 46.02 did not mention rifles or shotguns, or even bombs. Section 46.03 is titled “Places Weapons Prohibited”, and refers to firearms, illegal knives, clubs, or prohibited weapons listed in Section 46.05(a). We will cover the weapons that are unlawful to even possess in 46.05 in a later section. Notice that 46.03 includes ALL firearms, not just handguns.
Why are CHL holders not exempt from these restrictions in 46.03? The section of the penal code that allows CHL holders to carry handguns ONLY exempts them from section 46.02 of the code. CHL holders, or any of those exceptions listed in 46.15(b) are not exempt from section 46.03. (as a note, police officers and many others are exempt from 46.03)
This law makes it unlawful to possess or go with one of those weapons to many locations. For purposes of this section, the penal code defines premises as “a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.”
The prohibited locations are;
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack. Racetracks are defined as where there is Para mutual betting such as dog and horse tracks. It does not refer to auto or motorcycle races, etc.
Sec. 46.01. DEFINITIONS. In this chapter:
(15) "Racetrack" has the meaning assigned that term by the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
Art. 179e. TEXAS RACING ACT.
Sec. 1.03. In this Act:
(25) "Racetrack" means a facility that is licensed under this Act for the conduct of pari-mutuel wagering on greyhound racing or horse racing.
Additional places restricted by this section are
(5) in or into a secured area of an airport;
Penal Code 46.03
(c) In this section:
(2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
Other restricted places under 46.03.
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
There are times when there is an exception to some of these. For example, it is a defense if you checked your weapon in your luggage while flying, or if you are a security guard working at a racetrack, etc.
It is a felony to carry a listed weapon in the places set out in this section.
Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
