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Austin, Texas 78701

Places Weapons Prohibited

Many of the arrests in Austin for taking a weapon into a place where they are prohibited are the result from someone simply forgetting to take a knife or a hand gun out of their carryon bag as they go through screening at the airport. The charge also oftentimes results from the taking of a concealed handgun into a bar or onto school property. Possessing a weapon in a prohibited place is a third degree felony in Texas and can also involve federal law as well.

Austin Locations Where Weapons Are Prohibited

If you have been arrested or charged with having a weapon in a prohibited place, you should obtain a lawyer immediately. Although Texas law allows for the possession of many different weapons, there are exceptions as to where these weapons can be possessed or carried. The Law Office of Kevin Bennett can represent you if you face weapons charges in Travis County for bringing a firearm or other weapon into a prohibited place. Call (512) 476-4626 today to schedule a free consultation.

The Law Office of Kevin Bennett represents clients in Austin, Lakeway, Rollingwood and anywhere in Travis County.


Places Weapons Prohibited Law in Texas: Texas Penal Code Section 46.03

A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(1)  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

(2)  on the premises of a polling place on the day of an election or while early voting is in progress;

(3)  on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;

(4)  on the premises of a racetrack;

(5)  in or into a secured area of an airport;  or

(6)  within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that

(A)  going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited;  or
(B)  possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.


Explanation of Places Weapons Prohibited Law in Texas 

Many people incorrectly believe that because they "forgot" or did not intentionally carry the weapon in a prohibited place, that they should not be subject to arrest or that their case should be immediately dismissed. However, according to Texas law, the carrying of the weapon need not be intentional.

The unintentional but reckless carrying of the weapon can be enough to subject someone to arrest. If you have been arrested for a places weapons prohibited charge in Austin, Texas, it is imperative that you seek a criminal defense lawyer immediately.