Vol Tex,Vol Texan wrote: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.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,So regardless of who carries a handgun into a prison, it is a third-degree felony.(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).
Hope this helps!
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.