Question about Carrying into a Correctional Facility

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Vol Texan
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Question about Carrying into a Correctional Facility

Postby Vol Texan » Sun Jan 07, 2018 6:57 pm

I'm a new instructor, and I'm putting together my training materials. To be honest, I've had a good grip on the 'where can I carry / where can I not carry' for some time, but since I'm going to teach this stuff, I'm really doing my best to understand it more fully. In doing so, I've run into something that seems odd to me. (some things below I've paraphrased for brevity, rather than posting the full code)

According to

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PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER
(g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.


So, reviewing the Subsections (b)(1) and (b)(3), I see that they are

Code: Select all

(1) 51% location
(3) correctional facility


So it's a felony of the third degree if you carry into a correctional facility with a license.

But..

While reviewing PC §46.02. UNLAWFUL CARRYING WEAPONS I see

Code: Select all

(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.


PC §46.03. PLACES WEAPONS PROHIBITED adds to the places that are a felony, but does not include correctional facilities

So here is my question: It seems to me that if a non-licensed person carries into a correctional facility, it is a Class A misdemeanor, but if a licensed person does the same thing, it is a felony of the third degree. Am I reading this correctly? If not, please do point me in the right direction.
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