Many people recognize Texas as an open-carry state where people can openly display a firearm. However, there are still laws that prohibit weapons in Texas. Knowing where weapons are restricted in Texas can help avoid being charged with a serious gun crime.
If you are facing charges for carrying a weapon in a prohibited location, contact The Law Office of Mike Howard for a confidential consultation to discuss your situation and possible defenses.
What Are Weapons Under Texas Law?
A weapon, as described under the Texas Penal Code, refers to any of the following:
- A firearm
- A location-restricted knife
- A club
- A prohibited weapon listed in Texas Penal Code Section 46.05(a)
Prohibited weapons include any of the following when they are not registered with the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, unless they are not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:
- An explosive weapon
- A machine gun
- Armor-piercing ammunition
- A chemical dispensing device
- A zip gun
- A tire inflation device
- An improvised explosive device
Texas Open Carry Laws
Texas has more gun-friendly laws than most other states in the country. As of 2021, people who qualify under the state’s open carry law can legally carry a handgun in a public place in Texas without a license to carry. There are, however, exceptions, to Texas’s gun-friendly attitude.
Places Where Weapons Are Prohibited in Texas
Despite the open carry laws, there are specified sensitive locations where people cannot legally carry a weapon. Texas Penal Code § 46.03 prohibits possessing firearms in the following locations:
Schools
Weapons are prohibited on school grounds, on any grounds or building owned by and under the control of a school and on which a school-sponsored activity is being conducted, or in a passenger transportation vehicle of a school (like a bus), whether public or private. Exceptions apply if the person has written authorization from the school or institution, there is a written regulation allowing the weapon, or the person is carrying a concealed handgun for which they have a license to carry.
Universities
The same rules and exceptions that apply to schools also apply to colleges, universities, and other postsecondary educational institutions. Concealed weapons are also prohibited on the public or private driveways, streets, sidewalks, walkways, parking lots, parking garages, or other parking areas of an institution of higher education or private or independent institution of higher education.
Sporting Events
Weapons are also prohibited at high school, college, or professional sporting events and interscholastic events unless the person is a participant in the event and the weapon is used in the event.
Polling Locations
Weapons are prohibited from polling places on the day of an election or while early voting is in progress.
Courthouses
Weapons are also prohibited on the premises of any government court or offices used by the court unless there are written regulations or a written authorization of the court allowing weapons.
Airports
Under state law, weapons are prohibited in a secured area of an airport. Additional federal rules apply.
Prisons and Civil Commitment Facilities
Weapons are prohibited on the premises of correctional facilities and civil commitment facilities.
Hospitals, Nursing Facilities, and Mental Health Hospitals
Weapons are prohibited on the premises of hospitals licensed under state law, nursing facilities, and mental health hospitals unless the person carrying the weapon has written authorization.
Places of Execution
It is illegal to possess a weapon within 1,000 feet of a location the Texas Department of Criminal Justice has designated as a place of execution on a day when a death sentence is set to be carried out, when the person has been given notice that possessing or going within 1,000 feet of the premises was prohibited.
Bars
Weapons are also prohibited from the premises of a business that has a permit to sell alcohol if it derives 51% or more of its income from the sale or service of alcoholic beverages for consumption of alcohol on its premises.
Amusement Parks and Racetracks
Texas has made it illegal to bring a weapon onto the premises of a racetrack or amusement park.
Open Government Meeting Locations
It’s illegal to bring a weapon into a room where a governmental entity is holding an open meeting, provided the entity has given notice that weapons are prohibited.
Places with a 30.07 Sign
Weapons are also prohibited from being carried in places with a posted sign stating this information.
People Prohibited from Carrying a Firearm in Texas
Even if you don’t carry a weapon in any of the prohibited areas described above, you could still face gun crime charges if you are prohibited from carrying a firearm in general because you:
- Are under 21 years old (in certain circumstances)
- Are restricted under federal law from possessing a firearm
- Have a prior felony conviction as described under Texas law
- Have a recent conviction for certain types of misdemeanors
- Are subject to an unexpired protective order
- Are a member of a criminal street gang and carry a gun in person or in a car or boat
- Are intoxicated
- Have been legally determined to be mentally unfit or involuntarily hospitalized in a mental institution
Many of these prohibitions have different exceptions, so you may have a viable defense if you were found to have violated the law under one of the above-mentioned prohibitions.
Penalties for Carrying a Weapon in a Prohibited Area
Many violations of gun crimes are classified as felony offenses, which means that incarceration of more than a year could be at play. You could also be subject to fines, the terms of probation, and the loss of your gun rights, so it’s essential to work with an experienced gun crime lawyer who can carefully evaluate your situation, review the particular statute you are charged under, and mount a solid defense on your behalf.
Contact the Law Office of Mike Howard for a Confidential Consultation
If you are worried about being charged with a gun crime – whether because you had the weapon in a prohibited area or because you are a person prohibited from carrying a weapon, an experienced criminal defense lawyer from the Law Office of Mike Howard can help.
We can help clarify the law, explore legal defenses for the criminal charges against you, and build a strong defense on your behalf. We can also examine the possibility of an early dismissal or a favorable plea bargain to minimize the impact of a criminal conviction on your life. Contact us today to schedule a confidential case review with an experienced Texas criminal defense attorney.
Related:
- Crimes While Carrying: Crimes That Can Lead to a Class A UCW Charge in Texas
- How Prior Theft Convictions Can Impact Your Misdemeanor Theft Case in Texas
- Levels of Misdemeanor Theft Charges in Texas
- Trespassing with a Firearm in Texas: How it Can Elevate Charges
