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Texas Weapons in Prohibited Places Defense Lawyers
Even under Texas’s permitless carry law, there are locations where carrying a firearm is a criminal offense regardless of whether you have a license to carry, regardless of your Second Amendment rights, and regardless of whether you carried the weapon intentionally or forgot it was on your person. Under Texas Penal Code §46.03, carrying a firearm into certain locations is a third-degree felony (2 to 10 years in prison).
Prohibited Locations Under §46.03 (Third-Degree Felony)
- Schools and educational institutions — the premises of a public or private school, including parking lots, school buses, and school-sponsored events (certain exceptions apply for licensed carriers who remain in vehicles)
- Polling places on election day or during early voting
- Government courts and court offices — courthouses, courtrooms, and offices utilized by the court
- Racetracks
- Secured areas of airports — past the TSA security checkpoint
- Within 1,000 feet of a place of execution on the day of execution
- Correctional facilities — jails, prisons, and detention facilities
- Civil commitment facilities
- Mental health hospitals and facilities
Prohibited Locations Under §46.035 (Class A Misdemeanor to Third-Degree Felony)
- 46.035 covers locations where a property owner or operator has posted proper notice prohibiting firearms:
- Businesses licensed to sell alcohol for on-premises consumption (51% establishments) — bars where more than 51% of revenue comes from alcohol sales. Carrying here is a third-degree felony
- Locations with proper 30.06 signage (prohibiting concealed carry) or 07 signage (prohibiting open carry) — Class C misdemeanor for license holders, Class A misdemeanor for permitless carriers
- Amusement parks and professional sporting events with proper notice posted
- Hospitals and nursing facilities with proper notice
- Places of worship with proper notice (unless specific authorization has been given)
Common Scenarios
Forgetting a Firearm
The most common scenario is unintentional. A person who lawfully carries a firearm daily walks into a courthouse, a school event, or a bar without remembering the weapon is on their person or in their bag. The offense requires only that the person intentionally, knowingly, or recklessly carried the weapon into the prohibited location. A person who knew they were carrying but forgot the location was prohibited has likely acted recklessly, which satisfies the mental state element.
Travelers at Airports
TSA screens discover firearms in carry-on luggage at Texas airports regularly. The traveler may have a valid license to carry and simply forgot the firearm was in their bag. TSA refers these cases to local law enforcement, resulting in felony charges. For incidents at DFW these cases are most commonly filed in Tarrant County rather than Dallas County (either is an option).
Parents at School Events
Parents who carry daily may attend school events — football games, concerts, parent-teacher meetings — with a firearm they carry out of habit. When the firearm is discovered by school security or law enforcement, they face third-degree felony charges.
Defense Strategies
- Challenging the mental state. Did the defendant know the location was prohibited? Did they know they were carrying? A genuine lack of awareness may negate the recklessness element, though this is a fact-intensive defense.
- Challenging whether the location qualifies. Was the 51% establishment actually deriving more than 51% of revenue from alcohol? Was the signage posted in compliance with the statutory requirements (§30.06 and 30.07 have specific size, language, and placement requirements)? Was the school event on school premises or at an off-campus location?
- Exceptions and defenses. Certain exceptions exist for licensed peace officers, security personnel, and individuals with specific authorization. Doug evaluates whether any exception applies.
- Negotiating for reduced charges. Doug negotiates with prosecutors to reduce third-degree felony charges to lesser offenses when the circumstances demonstrate the carrying was inadvertent and no danger was created.
- Second Amendment arguments. In the wake of the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen (2022), certain location-based restrictions are subject to heightened constitutional scrutiny. Doug evaluates whether Second Amendment challenges are viable.
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Protect Your Rights — Contact Deandra Grant Law Today
If you or someone you love is facing firearm charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff defends clients against state firearms charges. For federal firearms cases, Attorney James Lee Bright provides experienced federal defense in the Northern and Eastern Districts of Texas. Our forensic credentials and 30+ years of experience give you a defense team equipped to handle any weapons charge.
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