National Carry AcademyCarry Permit Limitations
January 12, 2016
Title 10 Chpt. 46 § 46.03 and 46.035
• On the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution
• On the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a handgun is used in the event
• 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 offices utilized by the court, unless pursuant to written regulations or written authorization of the court
• On the premises of a racetrack. (Racetrack means a facility that is licensed for the conduct of parimutuel wagering on greyhound racing or horse racing.)
• In or into a secured area of an airport. (Secured area means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.)
• On the premises of a business that derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption
• On the premises of a correctional facility
• *On the premises of a hospital or nursing home, unless the license holder has written authorization of the hospital or nursing home administration
• *In an amusement park. (Amusement park means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.)
• *on the premises of a church, synagogue, or other established place of religious worship
• *at any meeting of a governmental entity
• *Public or private premises conspicuously posted with a Sign that meets these Criteria.
Premises means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
Items above marked * do not apply if effective notice was not given under Section 30.06.
Sec. 411.209. Wrongful Exclusion of Concealed Handgun License Holder.
(a) A state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or by any sign expressly referring to that law or to a concealed handgun license, that a license holder carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code.
(b) A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of:
1. not less than $1,000 and not more than $1,500 for the first violation; and
2. not less than $10,000 and not more than $10,500 for the second or a subsequent violation.
(c) Each day of a continuing violation of Subsection (a) constitutes a separate violation.
(d) A citizen of this state or a person licensed to carry concealed handgun under this subchapter may file a complaint with the attorney general that a state agency or political subdivision is in violation of Subsection (a) if the citizen or person provides the agency or subdivision a written notice that describes the violation and specific location of the sign found to be in violation and the agency or subdivision does not cure the violation before the end of the third business day after the date of receiving the written notice. (See complete statute. Edited for space Considerations.)
PC §46.03(a)(5) (As amended by HB554)
(e-1) It is a defense to prosecution under Subsection (a)(5) that the actor:
(1) possessed, at the screening checkpoint for the secured area, a concealed handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and
(2) exited the screening checkpoint for the secured area immediately upon completion of the required Screening processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor’s possession of a concealed handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless:
(1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and
(2) the actor does not immediately exit the checkpoint upon completion of the required screening processes.
Note: Sec. 2155.101 Thru Sec. 2155.103 States that if a Hotel/Motel has restrictions on firearms on their property they must display that on their website. If a hotel provides a written confirmation or a written statement of terms and conditions to a consumer after accepting the consumer’s hotel reservation by telephone, the hotel shall include information specifying how the consumer may review applicable guest policies. The guest policies must indicate the hotel’s policy regarding the possession, storage, and transportation of firearms by guests. The hotel can be fined if they do not list their restrictions.
Legislative Changes by Senate Bill 11 concerning Campus Carry that takes effect Aug. 1, 2016.
Carry Permit Limitations
January 12, 2016
Title 10 Chpt. 46 § 46.03 and 46.035
• On the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution
• On the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a handgun is used in the event
• 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 offices utilized by the court, unless pursuant to written regulations or written authorization of the court
• On the premises of a racetrack. (Racetrack means a facility that is licensed for the conduct of parimutuel wagering on greyhound racing or horse racing.)
• In or into a secured area of an airport. (Secured area means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.)
• On the premises of a business that derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption
• On the premises of a correctional facility
• *On the premises of a hospital or nursing home, unless the license holder has written authorization of the hospital or nursing home administration
• *In an amusement park. (Amusement park means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.)
• *on the premises of a church, synagogue, or other established place of religious worship
• *at any meeting of a governmental entity
• *Public or private premises conspicuously posted with a Sign that meets these Criteria.
Premises means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
Items above marked * do not apply if effective notice was not given under Section 30.06.
Sec. 411.209. Wrongful Exclusion of Concealed Handgun License Holder.
(a) A state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or by any sign expressly referring to that law or to a concealed handgun license, that a license holder carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code.
(b) A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of:
1. not less than $1,000 and not more than $1,500 for the first violation; and
2. not less than $10,000 and not more than $10,500 for the second or a subsequent violation.
(c) Each day of a continuing violation of Subsection (a) constitutes a separate violation.
(d) A citizen of this state or a person licensed to carry concealed handgun under this subchapter may file a complaint with the attorney general that a state agency or political subdivision is in violation of Subsection (a) if the citizen or person provides the agency or subdivision a written notice that describes the violation and specific location of the sign found to be in violation and the agency or subdivision does not cure the violation before the end of the third business day after the date of receiving the written notice. (See complete statute. Edited for space Considerations.)
PC §46.03(a)(5) (As amended by HB554)
(e-1) It is a defense to prosecution under Subsection (a)(5) that the actor:
(1) possessed, at the screening checkpoint for the secured area, a concealed handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code; and
(2) exited the screening checkpoint for the secured area immediately upon completion of the required Screening processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may constitute an offense under Subsection (a)(5) and that consists only of an actor’s possession of a concealed handgun that the actor is licensed to carry under Subchapter H, Chapter 411, Government Code, may not arrest the actor for the offense unless:
(1) the officer advises the actor of the defense available under Subsection (e-1) and gives the actor an opportunity to exit the screening checkpoint for the secured area; and
(2) the actor does not immediately exit the checkpoint upon completion of the required screening processes.
Note: Sec. 2155.101 Thru Sec. 2155.103 States that if a Hotel/Motel has restrictions on firearms on their property they must display that on their website. If a hotel provides a written confirmation or a written statement of terms and conditions to a consumer after accepting the consumer’s hotel reservation by telephone, the hotel shall include information specifying how the consumer may review applicable guest policies. The guest policies must indicate the hotel’s policy regarding the possession, storage, and transportation of firearms by guests. The hotel can be fined if they do not list their restrictions.
Legislative Changes by Senate Bill 11 concerning Campus Carry that takes effect Aug. 1, 2016.