A license holder (or Texas Constitutional Carry person) may carry a handgun anywhere in Texas that is not expressly prohibited by law. Those prohibitions appear in several provisions of the Texas Penal Code.
NOTE: It is the person’s responsibility to remain informed and knowledgeable of new laws.
For example, §46.035, Texas Penal Code prohibits carrying of handguns and other weapons:
- On the premises of a business that derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption; such premises are required to post notices under Texas GC §411.204;
- On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place;
- On the premises of a correctional facility;
- On the premises of a hospital or nursing home if effective notice of prohibition is given per Penal Code Chapter 30 (unless the licensee has written authorization); such premises also are required to post notices under Texas GC §411.204;
- In an amusement park (if effective notice of prohibition is given per Penal Code Chapter 30);
- At any meeting of a governmental entity (if the meeting is subject to the Texas Open Meetings Act per Government Code Chapter 551, and effective notice of prohibition is given per Penal Code Chapter 30);
- On the premises of State Hospitals (in accordance to Health and Safety Code, Chapter 552, and effective notice of prohibition is given per Penal Code Chapter 30).
In addition, §46.03, Texas Penal Code specifically prohibits handguns in the following locations:
- On the physical premises of a school, grounds or buildings on which an activity sponsored by a school is being conducted, or in a school transportation vehicle;
- On the premises of a polling place on the day of an election or while early voting is in progress;
- On the premises of any government court or court offices (unless the licensee has written authorization from the court);
- On the premises of a racetrack;
- In or into a secured area of an airport; or
- Within 1,000 feet of premises designated as a place of execution on the day a sentence of death is set to be imposed.
With respect to possession in motor vehicles or watercraft, Penal Code Section 46.02 provides that a person may possess a handgun in his or her motor vehicle or watercraft so long as the handgun is concealed and the person is not:
- Engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
- Prohibited by law from possessing a firearm; or
- A member of a criminal street gang, as defined by Penal Code Section 71.01.
The requirement that the weapon be concealed does not apply to a person licensed under the License to Carry a Handgun statute who is carrying the handgun in a holster.
Be advised that Sections 46.02, 46.03 and 46.035 provide numerous exceptions and defenses to prosecution that may apply and should be carefully reviewed.