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by Mike S
Thu Jan 25, 2018 7:55 pm
Forum: Instructors' Corner
Topic: Question about Carrying into a Correctional Facility
Replies: 4
Views: 997

Re: Question about Carrying into a Correctional Facility

Vol Texan wrote:
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! :tiphat:
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.
Vol Tex,
Disregard what I posted here. I inadvertantly cited 46.035, which is exactly what you already questioned...

Looks like I had nothing intelligent to add after all...

Edited to remove circular info.

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