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imkopaka wrote:Good question. Upon reviewing the statute, it appears to say (IANAL) that a license holder unlawfully carrying in any of the places listed in section 46.035 is guilty of a class A misdemeanor, with the exception of sections b-1 (51% location) and b-3 (correctional facility), which are third-degree felonies.

Section 46.02 lists places that are generally off-limits for non-LTC - basically anywhere but your property and the range. It doesn't discuss special cases; section 46.03 does. In 46.03, it says,

(g) Except as provided by Subsection (g-1), an offense under this section [including correctional facilities (section 46.03>a-1>3)] is a felony of the third degree.

(g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1).

So regardless of who carries a handgun into a prison, it is a third-degree felony.

Hope this helps!

Thanks for the explanation, but the LTC-16 that I have a copy of does NOT say that under 46.03 (g). Mine only says: (g) An offense under this section is a third degree felony. Nowhere in 46.03 does it mention correctional facilities - or at least as well as I can see.

I'm a new instructor, and I'm putting together my training materials. To be honest, I've had a good grip on the 'where can I carry / where can I not carry' for some time, but since I'm going to teach this stuff, I'm really doing my best to understand it more fully. In doing so, I've run into something that seems odd to me. (some things below I've paraphrased for brevity, rather than posting the full code)

According to So, reviewing the Subsections (b)(1) and (b)(3), I see that they are
So it's a felony of the third degree if you carry into a correctional facility with a license.

But..

While reviewing PC §46.02. UNLAWFUL CARRYING WEAPONS I see PC §46.03. PLACES WEAPONS PROHIBITED adds to the places that are a felony, but does not include correctional facilities

So here is my question: It seems to me that if a non-licensed person carries into a correctional facility, it is a Class A misdemeanor, but if a licensed person does the same thing, it is a felony of the third degree. Am I reading this correctly? If not, please do point me in the right direction.