Since 2021, most Texans 21 and over can carry a handgun without a license. Many took that to mean they can carry it anywhere. They cannot — and the places where they cannot are not misdemeanors. Brian Foley explains in this video.
Penal Code § 46.03 — Places weapons prohibited
Carrying a firearm — even one you own lawfully, even with a License to Carry — is a third-degree felony (2–10 years) in these places, among others:
- The premises of a school or educational institution, or a school-sponsored activity
- A polling place on election day or during early voting
- A courthouse or court offices
- A racetrack
- The secured area of an airport
- Within 1,000 feet of a place of execution on execution day
- A business that derives 51% or more of its income from alcohol sold for on-premises consumption (the red "51%" sign)
- A high school, collegiate, or professional sporting event or interscholastic event
- A correctional facility, civil commitment facility, or (with exceptions) a hospital, nursing home, or mental hospital
- An amusement park
- A room where a governmental meeting is being held
Some of these are Class A misdemeanors rather than felonies in certain circumstances, but the 51% bar, school, polling place, and courthouse violations are felonies.
The 30.06 / 30.07 signs
Private businesses can post signs prohibiting concealed (30.06) or open (30.07) carry. Carrying past a proper sign is a Class C misdemeanor — but becomes a Class A if you were told to leave and did not. Note that a 30.05 sign covers permitless carriers.
How these cases happen
A bar fight. A metal detector. A dropped magazine at a football game. A gun visible in a truck at a school pickup line. Most defendants are otherwise law-abiding people who did not read the sign or did not know the rule. Under § 8.03, not knowing the law is not a defense — but the State still has to prove you knew you were carrying, that the location qualified, and (for signs) that the notice was legally sufficient. Those elements are frequently contestable.
See our unlawful carrying of a weapon page, or call or text (409) 877-4909 for a free consultation.