Penal Code Clarification - 46.02, 46.03, 46.035

[BigBlueDodge]

Want o get clarification on the following Penal Code sections

46.02 Unlawful Carrying Weapons
46.03 Places Weapons Prohibited
46.035 Unlawful Carrying of Handgun by License Holder

Can someone clarify/confirm my understanding of these Penal Code sections

46.02 -> applies to general public and NOT CHL Holders?
46.03 -> applies to general public and NOT CHL Holders?
46.035 -> applies only to CHL Holders?

I have confusion about 46.03 and 46.035. 46.03 lists specific locations that weapons are probited, as does 46.035. However, in 46.036 (for CHL) there are some locations that are absent from 46.03 (such as a secured portion of an airport) as well as some that are not present in 46.03 (such as prohibiting CHL holders from places of worship). This is my confusion. Is 46.03 for the general public and 46.03 applicable only for CHL holders, or does it presumed that CHL holders are held to both 46.03 AND 46.035.

Thanks. I'm going over these laws to engrain them in my mind.

[boomerang]

46.02 -> applies to general public and NOT CHL Holders?
46.035 -> applies only to CHL Holders?

Yes.

46.03 -> applies to general public and NOT CHL Holders?

No. 46.03 applies to CHL unless they're also a judge or DA (or similar, see 46.15) or a peace officer.
Another important difference is 46.03 also prohibits long guns.

[BigBlueDodge]

If 46.03 and 46.035 apply to CHL, then this appers that CHL owners have a more restrictive set of locations that they cannot carry their gun. For example, a CHL holder would be banned from bringining his gun into his place of worship, where as a non CHL person would carry there (as it is not forbidden in 46.02).

So what you are saying, is in effect 46.03 and 46.035 are cumulative for CHL holders and they are subject to both clauses, where as general public is only subject to 46.03?

[Greybeard]

With what little time I have just now, I'll try to "simplify" with a bit of history. 46.03's 5 prohibited locations existed before the CHL program. 46.035 amended it in '95/'96 with CHL verbiage, some definitions and 7 other prohibited locations. If you read far enough down in 46.035, you'll find an "amendment to the amendment" that was made by 1997 legislature that largely removed 4 of the prohibited locations - unless CHL holders given effective notice by (the newly added/referenced) 30.06.

No, non-CHL holders cannot legally carry in any of the specified locations that prohibit CHL holders!

[seamusTX]

To understand the rights and limitations of CHL holders versus non-CHL holders, you also have to look at PC 30.05 and 30.06. Before 2007, it was illegal for a non-LEO non-CHL holder to have a handgun in a public place (except while traveling, hunting, etc.). Therefore, it was not necessary for the law to prohibit non-CHL holders from carrying a handgun in specific locations.

PC 30.05 makes it an offense to enter any premises without the consent of the owner, and that includes publicly owned property. Very few if any places are going to allow a person to enter with a long gun, which is otherwise legal to carry.

PC 30.05 originally allowed property owners, including agencies of the state government, counties, and municipalities, to prohibit CHL holders.

When 30.06 was added, 30.05 was changed to say that a CHL holder could not be charged under 30.05 if the sole reason for exclusion was possession of a handgun. A non-CHL holder with a handgun could be charged under 46.02 (more likely) or 30.05.

Unlicensed car carry has further confused the issue, because it's possible for someone in a vehicle to take a handgun past a 30.06 sign on a parking lot or garage, where a CHL holder is prohibited.

It's a mess, but I'm not betting it will be fixed in the foreseeable future.

- Jim

[Stan]

If 46.03 and 46.035 apply to CHL, then this appers that CHL owners have a more restrictive set of locations that they cannot carry their gun. For example, a CHL holder would be banned from bringining his gun into his place of worship, where as a non CHL person would carry there (as it is not forbidden in 46.02).

How do you figure that? 46.035 says a CHL can't carry in a list of specific places.
46.02 says a non-CHL can't carry anywhere, except in some other specific places. (home, car, etc.)

Also, a CHL isn't prohibited from carrying in a place of worship unless there's 30.06 notice.