Texas Penal Code § 46.03 prohibits handgun carry, even by License to Carry (LTC) holders or constitutional carriers, at 14 enumerated locations:...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Texas Penal Code § 46.03 prohibits handgun carry, even by License to Carry (LTC) holders or constitutional carriers, at 14 enumerated locations: accredited K-12 schools, polling places, government court offices, racetracks, secured airport areas, the premises of any business that derives 51 percent or more of its income from on-premises alcohol sales, high school and collegiate sporting events, correctional and civil commitment facilities, hospitals and nursing facilities (with effective notice), mental hospitals, amusement parks, and the meeting rooms of an open meeting of a governmental entity. Federal law adds postal property (39 C.F.R. § 232.1(l)), federal facilities (18 U.S.C. § 930), and the 1,000-foot Gun-Free School Zone (18 U.S.C. § 922(q)). Private property owners can override carry on their premises by giving effective notice under § 30.06 (concealed) or § 30.07 (open).
The two practical traps for a Texas carrier are the 51-percent rule and the § 30.06 / § 30.07 sign system. The 51-percent rule is unforgiving: a felony of the third degree applies even without a posted sign, because the TABC red sign is a separate notice rule, not an element of the offense. § 30.06 and § 30.07 are the trespass-by-license-holder statutes that put a sharp edge on an otherwise permissive carry framework. An LTC holder who walks past a compliant § 30.06 sign has committed a Class C misdemeanor at the threshold, upgraded to Class A if personally told to leave and refusing. A constitutional carrier without an LTC is governed by the general criminal-trespass rule in § 30.05 instead.
§ 46.03(a) is the operative list. Each subdivision describes a "premises" or other property where carry is prohibited regardless of whether the carrier holds an LTC. § 46.03(f) makes the LTC explicitly not a defense, except where § 46.15 or a statute-specific exception says otherwise. § 46.03(b) provides a narrow defense for active-duty military, National Guard, penal-institution guards, and officers of the court (covering only (a)(1) through (a)(4)).
| § 46.03(a) | Prohibited premises | LTC defense under § 46.15? |
|---|---|---|
| (1) | Schools and postsecondary educational institutions during sponsored activity, and school transport | Limited carve-out for LTC holders on postsecondary campuses |
| (2) | Polling place on election day or during early voting | None |
| (3) | Government court or court offices | None (without written authorization of the court) |
| (4) | Racetrack | None |
| (5) | Secured area of an airport | (e-1) screening-checkpoint defense |
| (6) | Within 1,000 feet of a TDCJ-designated execution facility on execution day | Vehicle, residence, and workplace exceptions in (i) |
| (7) | Premises of a 51-percent alcohol-sales business | (p) LTC defense if no effective § 30.06 / § 30.07 notice |
| (8) | High school, collegiate, or professional sporting event | (q) LTC defense for collegiate events if no effective § 30.06 / § 30.07 notice |
| (9) | Correctional facility | None |
| (10) | Civil commitment facility | None |
| (11) | Hospital or nursing facility | (p) LTC defense if no effective § 30.06 / § 30.07 notice |
| (12) | Mental hospital | None (without written authorization of administration) |
| (13) | Amusement park (statutory definition) | (p) LTC defense if no effective § 30.06 / § 30.07 notice |
| (14) | Room of an open meeting of a governmental entity (Chapter 551) | (b) extends LTC defense via § 46.15(b) for limited persons |
The penalty default is a felony of the third degree under § 46.03(g), punishable under § 12.34 by 2 to 10 years and a fine up to $10,000. Subsection (g-2) downgrades a handgun offense at sporting events, hospitals, nursing facilities, amusement parks, and the campus-display, campus-with-effective-notice, and prohibited-portion-of-campus offenses in (a-2), (a-3), and (a-4) to a Class A misdemeanor. Class A under § 12.21 is up to one year in jail and a fine up to $4,000.
§ 46.03(a)(1) reaches three things: the premises of a school or postsecondary educational institution, any grounds or building owned by and under the control of the school where a school-sponsored activity is being conducted, and passenger transportation vehicles of the institution. "School" means an accredited primary or secondary school. "Postsecondary educational institution" picks up institutions of higher education and private or independent institutions of higher education as defined in Education Code § 61.003.
The K-12 rule is strict. There is no LTC defense on K-12 school premises, on grounds during a sponsored activity, or on K-12 transport. Two written exceptions exist: written regulations of the school, or written authorization from the school. A parent picking up a child has neither unless the school has issued one in writing. Treat any K-12 building or active-event grounds as off-limits regardless of LTC status.
For postsecondary institutions, § 46.03(a)(1)(B) creates the campus-carry carve-out: an LTC holder carrying a concealed handgun (and no other weapon) does not commit the (a)(1) offense on a postsecondary institution's premises, activity grounds, or transportation vehicles. This carve-out is the operative permission slip behind the Government Code § 411.2031 campus-carry framework discussed below.
§ 46.03(c)(4) defines "premises" as "a building or a portion of a building" and excludes "any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area." This is the most important sentence in the statute for a daily carrier. A § 46.03 violation requires entry into the building. A handgun secured in a vehicle in the school's parking lot is not on the school's "premises" for § 46.03 purposes.
The parking-area exclusion applies to all 14 subdivisions in (a). On college campuses, Government Code § 411.2032 reinforces the rule: an institution of higher education may not adopt any rule, post any § 30.06 or § 30.07 sign, or take any action that prohibits or restricts the storage or transportation of a firearm or ammunition in a locked, privately owned vehicle by an LTC holder on a campus driveway, street, parking lot, parking garage, or other parking area.
Federal law adds a perimeter rule that does not appear in Texas statutes. 18 U.S.C. § 922(q)(2)(A) makes it a federal offense to knowingly possess a firearm at a place the person knows or has reasonable cause to believe is a school zone. A "school zone" is the grounds of a public, parochial, or private K-12 school and the area within 1,000 feet of those grounds.
§ 922(q)(2)(B)(ii) exempts a person "licensed to do so by the State in which the school zone is located" if the state requires a background check before issuance. Texas LTCs qualify. Permitless carriers do not. A Texas adult who lawfully carries under § 46.02(a) without a permit can still violate § 922(q) inside the 1,000-foot federal zone. § 922(q) is a federal misdemeanor punishable by up to five years.
This is the single biggest legal advantage of holding a Texas LTC. In a typical urban or suburban map, K-12 zones blanket large portions of residential areas. An LTC removes the federal exposure; permitless carry does not.
Polling places (§ 46.03(a)(2)). No firearms on the premises of a polling place on the day of an election or while early voting is in progress. No LTC defense. The (b) defense for armed forces, penal-institution guards, and officers of the court reaches this subdivision.
Courts and court offices (§ 46.03(a)(3)). No firearms on the premises of any government court or offices utilized by the court, unless authorized in writing by the court. Reaches both the courtroom and any office utilized by the court (clerks, judges' chambers, court support staff). No LTC defense.
Racetracks (§ 46.03(a)(4)). No firearms on the premises of a racetrack. No LTC defense.
Secured area of an airport (§ 46.03(a)(5)). No firearms in or into a secured area of an airport. § 46.03(c)(5) defines "secured area" as the part of an airport terminal beyond the federal screening checkpoint, plus aircraft parking areas controlled under federal law. The terminal lobby, ticket counter, baggage claim, and passenger pick-up and drop-off areas are not secured areas.
§ 46.03(e-1) gives the LTC holder a defense: presenting at the screening checkpoint with a handgun and exiting immediately upon notification is a defense to (a)(5). § 46.03(e-2) bars arrest for inadvertent (a)(5) carry until the officer advises the carrier of the (e-1) defense and gives the carrier the chance to leave the checkpoint. The practical advice is unchanged: never bring a firearm anywhere near a TSA checkpoint. Federal aviation security law and TSA civil penalties operate independently.
§ 46.03(a)(7) prohibits carry on the premises of a business that holds a TABC permit or license under Chapter 25 (mixed beverage), 28 (mixed beverage with food and beverage certificate), 32 (private club), 69 (retail dealer's on-premise license), or 74 (brewpub) if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the TABC under Alcoholic Beverage Code § 104.06.
The 51-percent threshold is the line. A restaurant that serves alcohol but earns most of its revenue from food is not a § 46.03(a)(7) location. A bar that makes the bulk of its money from drinks is. The TABC issues the determination and requires affected businesses to post the red "51%" sign at every entrance, but the TABC sign is a notice mechanism, not the operative element. The business's status under § 104.06 controls. A carrier who walks in commits the offense whether or not the sign is up.
Penalty: § 46.03(g-2) does not downgrade (a)(7). The (g) default controls, making a 51-percent violation a felony of the third degree. § 46.15(p) provides an LTC-specific defense if the actor was not given effective notice under § 30.06 or § 30.07 (or Government Code § 411.204). In practice a 51-percent business will have both the red sign and a § 30.06 sign. The (p) defense is real for the LTC holder, but the safe rule is to treat any visible alcohol-focused bar as off-limits. A permitless carrier has no (p) defense.
Sporting events (§ 46.03(a)(8)). No firearms on the premises of a high school, collegiate, or professional sporting event or interscholastic event. Participant exception for events that use a firearm. § 46.15(q) gives an LTC defense for collegiate events if no § 30.06 or § 30.07 notice was given. The defense does not reach high school or professional events.
Correctional facilities (§ 46.03(a)(9)). No firearms on the premises. No LTC defense.
Civil commitment facilities (§ 46.03(a)(10)). No firearms on the premises. No LTC defense. Class A misdemeanor under (g-2).
Hospitals and nursing facilities (§ 46.03(a)(11)). No firearms on the premises of a hospital licensed under Health and Safety Code Chapter 241 or a nursing facility licensed under Chapter 242, unless the carrier has written authorization of the administration. § 46.15(p) gives an LTC defense if no effective § 30.06 / § 30.07 notice was given. Class A misdemeanor under (g-2).
Mental hospitals (§ 46.03(a)(12)). No firearms on the premises of a mental hospital as defined in Health and Safety Code § 571.003, unless authorized in writing by the administration. No (p) carve-out, so this is stricter than (a)(11).
Amusement parks (§ 46.03(a)(13)). No firearms in an amusement park. The statutory definition in § 46.03(c)(1) is narrow: a permanent facility in a county with a population over one million, at least 75 acres, enclosed with controlled entries, open more than 120 days per year, with security on premises at all times. Most "amusement" venues do not meet that definition; the big Texas theme parks do. § 46.15(p) gives an LTC defense if no effective notice was given. Class A misdemeanor under (g-2).
Open meetings of governmental entities (§ 46.03(a)(14)). No firearms in the room of a governmental entity meeting subject to Government Code Chapter 551 (Open Meetings Act), if the entity provided the chapter's required notice. The (b) defense reaches officers of the court, military, and penal-institution guards. § 46.15(b)(6) extends an LTC carve-out for holstered or concealed handguns.
Texas allows LTC holders to carry concealed handguns on the campuses of public and private institutions of higher education, subject to a layered set of limits. Government Code § 411.2031(b) is the affirmative permission. § 46.03(a)(1)(B) is the matching exemption from the schools-prohibition statute.
Three statutory wrinkles narrow the rule:
Open carry is prohibited on campus. § 46.03(a-2) makes it a Class A misdemeanor for an LTC holder to carry a partially or wholly visible handgun (holstered or not) and intentionally or knowingly display it in plain view of another person on the premises of an institution of higher education or on campus driveways, streets, sidewalks, parking lots, parking garages, or other parking areas. The general open-carry permission in § 46.02(a-5) and § 46.035 does not extend onto a college campus. On campus, conceal it.
Private institutions can opt out (§ 46.03(a-3); § 411.2031(e)). A private institution, after consulting with students, staff, and faculty, may adopt rules prohibiting LTC handgun carry on campus. If the institution gives effective § 30.06 notice, an LTC holder commits a Class A misdemeanor by carrying on that campus. Most large Texas private universities (Baylor, TCU, SMU, Rice) have opted out.
Public institutions can carve out specific premises (§ 46.03(a-4); § 411.2031(d-1)). A public institution's president must establish "reasonable rules, regulations, or other provisions" regarding concealed carry on campus, after consultation with students, staff, and faculty. The institution may not adopt rules that "generally prohibit or have the effect of generally prohibiting" LTC carry, but it may carve out specific portions of premises (hazardous-materials labs, on-campus daycare, certain athletic facilities, premises during disciplinary hearings) and post them with § 30.06 notice. An LTC holder who carries concealed in a posted carve-out commits a Class A misdemeanor.
The vehicle parking rule under § 411.2032 is the safety valve. Even on a private campus that has opted out and even on a public-campus posted carve-out, the institution may not prohibit storage or transportation of a firearm in a locked, privately owned vehicle by an LTC holder on campus parking areas, driveways, or streets.
State law cannot override federal property rules. The categories that matter for Texas carry:
Federal facility signs typically reference 18 U.S.C. § 930.
Texas treats private-property carry through a separate framework that operates alongside § 46.03. Two trespass-by-license-holder statutes carry the operative weight.
§ 30.06 (trespass with a concealed handgun). An LTC holder commits an offense by carrying a concealed handgun on another's property without effective consent after receiving notice that LTC concealed carry was forbidden. Notice may be by oral or written communication. A written sign meeting the § 30.06(c)(3) format (English and Spanish, contrasting colors, block letters at least one inch high, conspicuous at each entrance) is the most common notice mechanism. Base offense: Class C misdemeanor with a fine up to $200. Upgrade to Class A if the LTC holder enters, is then personally given oral notice, and fails to depart.
§ 30.07 (trespass with an openly carried handgun). Same structure as § 30.06, but for plain-view handguns and using separately enumerated § 30.07 sign text. Many Texas businesses post both signs side by side. A § 30.06 sign alone does not restrict open carry; a property owner who wants to bar both must post both signs.
§ 30.06(e) and § 30.07(e) carve out an exception for property owned or leased by a governmental entity that is not a § 46.03 prohibited place. A government entity cannot use a § 30.06 sign to extend carry restrictions beyond what § 46.03 authorizes. Government Code § 411.209 authorizes a civil penalty against a state agency or political subdivision that wrongfully posts § 30.06 / § 30.07 notice.
For private property, a properly posted sign creates the trespass element on entry. Comply at the threshold: do not enter, or disarm and store before entering.
§ 30.06 and § 30.07 are trespass offenses by license holders by their text. A permitless carrier who walks past a § 30.06 sign has not committed § 30.06. The carrier can still be charged under the general criminal-trespass statute, § 30.05, which reaches anyone who enters or remains on property after notice that entry was forbidden. § 30.05 baseline is a Class B misdemeanor and rises to Class A if the actor carries a deadly weapon at the time of trespass. The practical effect: a permitless carrier walking past a "no firearms" sign is exposed to a deadly-weapon trespass charge that an LTC holder would not face. The LTC actually narrows criminal exposure to a Class C fine at the threshold.
§ 46.15 is the menu of statutory defenses and non-applicability provisions for §§ 46.02 and 46.03. The ones that matter for prohibited-places offenses:
These are defenses, not exemptions. A defense is raised after charging. The cleaner posture is to avoid the location or disarm before entering.
| Offense | Penalty | Authority |
|---|---|---|
| § 46.03 default (third-degree felony) | 2 to 10 years; fine up to $10,000 | § 46.03(g); § 12.34 |
| § 46.03 location-restricted knife (most locations) | Class C misdemeanor | § 46.03(g-1) |
| § 46.03 location-restricted knife on school premises | Third-degree felony | § 46.03(g-1) |
| § 46.03(a)(8), (a)(10), (a)(11), (a)(13); (a-2), (a-3), (a-4) campus | Class A misdemeanor (up to 1 year; fine up to $4,000) | § 46.03(g-2); § 12.21 |
| § 30.06 / § 30.07 baseline | Class C misdemeanor (fine up to $200) | § 30.06(d); § 30.07(d) |
| § 30.06 / § 30.07 after oral notice and refusal to leave | Class A misdemeanor | § 30.06(d); § 30.07(d) |
| § 30.05 criminal trespass with a deadly weapon | Class A misdemeanor | § 30.05 |
| 18 U.S.C. § 922(q) federal Gun-Free School Zone | Federal misdemeanor up to 5 years | § 922(q)(4) |
| 18 U.S.C. § 930(a) federal facility | Federal misdemeanor up to 1 year | § 930(a) |
| 18 U.S.C. § 930(e) federal courthouse | Federal felony up to 2 years (5 with intent) | § 930(e) |
| 39 C.F.R. § 232.1 postal property | Federal misdemeanor up to 30 days; fine up to $50 | § 232.1(p)(2) |
A felony-tier § 46.03 conviction is a federal § 922(g)(1) lifetime prohibitor. A momentary lapse at a courthouse metal detector or a 51-percent bar entry can end a person's ability to lawfully possess any firearm anywhere.
A Texas LTC removes several categories of legal exposure that a permitless carrier faces:
The map of off-limits locations is identical for both groups. The defenses are not.
This page covers one part of our Texas concealed carry guide.
Read the complete Texas guideBrowse local instructors offering state-approved training in your area. Book online, complete your training, and get one step closer to your concealed carry permit.