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by Vol Texan
Sun Jan 02, 2022 11:33 am
Forum: Instructors' Corner
Topic: Please help me understand some twists in PC § 46.15
Replies: 12
Views: 12448

Please help me understand some twists in PC § 46.15

I periodically take the time to read through the statutes bit by bit each year, just to make sure I'm quoting scripture and verse in my LTC courses. But I'm no lawyer, so when I ran across these bits on this year's re-read, I decided I needed a bit more clarification.

https://statutes.capitol.texas.gov/docs/pe/htm/pe.46.htm

Sec. 46.15. NONAPPLICABILITY

(m) It is a defense to prosecution under Section 46.03 that the actor:
  1. carries a handgun on a premises or other property on which the carrying of a weapon is prohibited under that section;
  2. personally received from the owner of the property, or from another person with apparent authority to act for the owner, notice that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and
  3. promptly departed from the premises or other property.
Question 1: Does paragraph (3) give a "defense to prosecution" mulligan to the 46.03 places if you leave when told - analogous to the one offered under 30.06(g) - and does it apply to both licensed and unlicensed carry?

Question 2: Why are there two paragraph (m)s listed on this page?


Then we see this:

(n) The defense provided by Subsection (m) does not apply if:
  1. a sign described by Subsection (o) was posted prominently at each entrance to the premises or other property, as applicable; or
  2. at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited.
And here's the Subsection (o) mentioned in (n) above:

(o) A person may provide notice that firearms and other weapons are prohibited under Section 46.03 on the premises or other property, as applicable, by posting a sign at each entrance to the premises or other property that:
  1. includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property";
  2. includes the language described by Subdivision (1) in both English and Spanish;
  3. appears in contrasting colors with block letters at least one inch in height; and
  4. is displayed in a conspicuous manner clearly visible to the public.
Question 3: So, they 46.03 location MAY post a 46.03 sign, but if they do not, that further supports the 'defense to prosecution mulligan' in question 1 above?

(q) Section 46.03(a)(8) does not apply if the actor:
  1. carries a handgun on a premises where a collegiate sporting event is taking place;
  2. holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and
  3. was not given effective notice under Section 30.06 or 30.07 of this code, as applicable.

Question 4: I know that locations posted with 30.06 on college campuses are barred from carry, but I thought that college sports were barred even without the 30.06 posting, per 46.03(8). Am I mistaken here? Do they also need to post 30.06 to bar the college football games?

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