Carry Laws/Penalty

[mack113]

Hi everyone,

What is the penalty for carrying in a "do not carry" zone like a hospital or school or even to church? I was talking to a co-worker today who asked me and I did not know the answer, so I thought this would be a good place to ask,

[RottenApple]

Hi everyone,

What is the penalty for carrying in a "do not carry" zone like a hospital or school or even to church? I was talking to a co-worker today who asked me and I did not know the answer, so I thought this would be a good place to ask,

It's a Class A Misdemeanor. That's up to $4,000 penalty and/or up to 1 year in jail.

[mack113]

Thank you!

[Keith B]

Hi everyone,

What is the penalty for carrying in a "do not carry" zone like a hospital or school or even to church? I was talking to a co-worker today who asked me and I did not know the answer, so I thought this would be a good place to ask,

Yes, they are defines in Penal Code 46.03 & 46.035 and are a misdemeanor or third degree felony

http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

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
(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.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
(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.
(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Private Security Board if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either:
(A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's firearm in plain view; or
(B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner.
(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.
(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road; or
(2) at the actor's residence or place of employment.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, Sec. 1, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 749, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 203, Sec. 2.79; Acts 1991, 72nd Leg., ch. 386, Sec. 71, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 433, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 554, Sec. 50, eff. Sept. 1, 1991. Renumbered from Penal Code Sec. 46.04 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, Sec. 42, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 17, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 17, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.03, 31.01(70), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 2, 3, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1060, Sec. 1, 2 eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1178, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.21, eff. September 1, 2009.


Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means 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.
(g) An offense under Subsection (a), (b), (c), (d), or (e) 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.
(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 2
(h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:
(1) an active judicial officer, as defined by Section 411.201, Government Code; or
(2) a bailiff designated by the active judicial officer and engaged in escorting the officer.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5
(h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was:
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section 411.201, Government Code; or
(3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.
(j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.
(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.

Added by Acts 1995, 74th Leg., ch. 229, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.04, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 26, 27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 14.833, eff. Sept. 1, 2001.

Amended by:
Acts 2005, 79th Leg., Ch. 976, Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 687, Sec. 1, eff. September 1, 2009.

[Keith B]

Hi everyone,

What is the penalty for carrying in a "do not carry" zone like a hospital or school or even to church? I was talking to a co-worker today who asked me and I did not know the answer, so I thought this would be a good place to ask,

It's a Class A Misdemeanor. That's up to $4,000 penalty and/or up to 1 year in jail.

Could be a felony depending on location

[SewTexas]

realize that of the 3 locations you mentioned only a school is automatically a banned zone. the others must be posted if they don't want you to carry there.

[mack113]

Thanks again to everyone for all the info, I'll be sure to pass it on.

[RottenApple]

Hi everyone,

What is the penalty for carrying in a "do not carry" zone like a hospital or school or even to church? I was talking to a co-worker today who asked me and I did not know the answer, so I thought this would be a good place to ask,

It's a Class A Misdemeanor. That's up to $4,000 penalty and/or up to 1 year in jail.

Could be a felony depending on location

Doh! Forgot that part. Thanks for catching it.

[o b juan]

To origimal poster..

Do you have a Texas CHL?

That is supposed to be coverd inthe class If you have a Texas CHL..!!

Find a good Instructor that can inform the students of all the Laws..

[bdickens]

Hospitals and Churches are not "no carry zones."

[Keith B]

Hospitals and Churches are not "no carry zones."

Good catch on the OP's quesiton bdickens.

As he said, hospitals, amusment parks and churches are not off-limits unless they post a 30.06 sign

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
........
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

[mack113]

To origimal poster..

Do you have a Texas CHL?

That is supposed to be coverd inthe class If you have a Texas CHL..!!

Find a good Instructor that can inform the students of all the Laws..

I do have a Texas CHL, there were many issued covered in the 10 hour class. However, I do not remember every item covered .....nor do I plan to carry in places that are restricted.

[Maxwell]

Hi Mack,

CHL is an ongoing education. One of the papers you signed stated you had read and understood the penal code so I would suggest you download a copy from the DPS website and read it very carefully, and then reread it several more times as knowing the law will keep you out of serious trouble.

I'm not trying to be a jerk but you asked a question that should have been drilled home in class. It's a question that not knowing the answer could get you thrown in jail for a very long time and seriously ess up you life. Please read the laws and do your best to understand them. If you still have co fusion we are all here to help.

[mack113]

Hi Mack,

CHL is an ongoing education. One of the papers you signed stated you had read and understood the penal code so I would suggest you download a copy from the DPS website and read it very carefully, and then reread it several more times as knowing the law will keep you out of serious trouble.

I'm not trying to be a jerk but you asked a question that should have been drilled home in class. It's a question that not knowing the answer could get you thrown in jail for a very long time and seriously ess up you life. Please read the laws and do your best to understand them. If you still have co fusion we are all here to help.

Hi Maxwell,

Thanks for the input, you're 100% correct. I don't have the luxury of not knowing laws that could bite me in the ass and potentially get me in serious trouble with the law. I will download a copy from the DPS website.

Thanks again!!

[boxermoose]

I have an aquatence who, last time I asked, was $12k into what happened when he forgot his handgun in his bag and tried to go thru security in Dallas