Texas is a permitless carry state. Since September 1, 2021, eligible adults can carry a handgun without a license. But constitutional carry does not mean carry anywhere. Texas Penal Code §46.03 establishes a list of locations where firearms are prohibited and carrying into any of them is not a Class C citation. In most cases, it is a felony.
Understanding where you cannot carry, how to know whether a location qualifies as prohibited, and how the sign system works is essential for any gun owner in Texas. For anyone facing a §46.03 charge understanding the specific location and signage requirements is the starting point for the defense.
What §46.03 Actually Prohibits
Texas Penal Code §46.03(a) makes it a crime to intentionally, knowingly, or recklessly possess or go with a firearm, location-restricted knife, club, or prohibited weapon at any of the following locations:
Schools and educational institutions. Any premises of a school or postsecondary educational institution, any grounds or building under the school’s control where a school-sponsored activity is occurring, or any school transportation vehicle — public or private.
Polling places. On election days and during early voting periods, the premises of a polling place are off-limits.
Courts and court offices. Any premises of a court or court office (including offices of the district clerk, county clerk, and judges) whether the court is in session or not.
Racetracks. Any licensed horse or dog racetrack.
Secured areas of airports. The areas beyond security screening checkpoints.
51% establishments. Any business that derives 51% 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.
Sporting events. Where a high school, collegiate, or professional sporting event or interscholastic event is taking place — unless you are a participant and the weapon is used in the event.
Correctional facilities. Jails, prisons, and other detention facilities.
Hospitals and nursing facilities. With required notice.
Amusement parks. Permanent indoor or outdoor facilities in counties with over one million population.
Within 1,000 feet of an execution. On the day of a scheduled execution at a correctional facility.
The 51% Rule: The Most Confusing and Most Charged Prohibition
The 51% rule is where most §46.03 charges in DGL’s practice area arise, and it is the provision most poorly understood by gun owners.
What it covers. A business is a 51% location if the Texas Alcoholic Beverage Commission has determined that it derives more than 51% of its gross income from the sale or service of alcoholic beverages for on-premises consumption. This is an administrative determination based on the business’s TABC license type and income reporting and not something a customer can easily assess by looking around.
The sign requirement for LTC holders. Businesses that qualify as 51% establishments are required to post a sign in a specific format warning that carrying a handgun on the premises is prohibited. For LTC holders, failing to post the required 51% sign is a defense to prosecution so if you didn’t know the location was a 51% establishment and no sign was posted, that matters for an LTC holder’s liability.
Constitutional carriers get no notice protection. Here is the critical distinction that surprises many people: constitutional carry holders are not entitled to notice that a business is a 51% establishment before they can be prosecuted. Even if no 51% sign is posted, a person exercising permitless carry can still be charged if the establishment actually qualifies as a 51% location. The sign requirement exists for LTC holders and not for constitutional carriers.
The Sign System: What All Those Signs Mean
The 46.03 sign. Posted at locations covered by the statute itself. Prohibits carry by everyone (both LTC holders and constitutional carriers) and removes the availability of a mistake-of-fact defense for accidentally carrying in a prohibited location.
The 51% sign. Mandatory for qualifying alcohol establishments. Prohibits carry by both LTC holders and constitutional carriers on the premises.
The 30.05 sign. Criminal trespass notice directed at constitutional (permitless) carriers specifically. Does not apply to LTC holders.
The 30.06 sign. Directed at LTC holders carrying concealed. Does not apply to constitutional carriers.
The 30.07 sign. Directed at LTC holders carrying openly. Does not apply to constitutional carriers.
The distinction between what applies to LTC holders and what applies to constitutional carriers is one of the most commonly misunderstood aspects of Texas gun law since HB 1927 took effect.
Penalties
- 46.03 violations are generally charged as a third-degree felony which carries 2 to 10 years in prison and a fine up to $10,000. This surprises many people who expect a weapons-in-prohibited-places charge to be a minor offense. It is not.
Carrying into a school zone can trigger additional charges under both state and federal law, including under the federal Gun-Free School Zones Act.
Defenses
Lack of knowledge of the location’s status — particularly relevant for 51% establishments when an LTC holder received no notice.
Peace officer exception — certain law enforcement officers actively engaged in employment are exempt from §46.03 prohibitions in specified locations.
Authorization — written authorization from an educational institution can create a defense for certain school-based situations.
Lack of the required mental state — §46.03 requires intentional, knowing, or reckless conduct. A purely accidental entry into a prohibited location may not satisfy the recklessness standard.
Speak With Deandra Grant Law
A §46.03 charge carries felony-level consequences that most people don’t see coming when they carry a firearm into what appeared to be an ordinary location. Deandra Grant Law brings more than 30 years of criminal defense experience and more than 500 trials to every case in our practice.
Call (214) 225-7117 or visit texasdwisite.com for a confidential consultation.