Texas-Book-Gun Law Armed And Educated - Flipbook - Page 311
1. Defense for possessing a firearm or club in the secured
areas of an airport
Subsection (d) says it is a defense to prosecution that the actor
possessed a firearm or club while traveling to or from the actor’s
place of assignment or in the actual discharge of duties as: a
member of the armed forces or national guard; a guard or employee
of a penal institution; a security officer commissioned by the Texas
Private Security Board if the actor is wearing a distinctive uniform
and the firearm or club is in plain view; or a security officer who
holds a personal protection authorization under Chapter 1702 of
the Occupations Code, provided that the officer is either: wearing
the uniform of a security officer or not wearing the uniform of a
security officer and carrying the officer’s firearm in a concealed
manner. See Tex. Penal Code § 46.03(d).
In other words, members of the armed forces or national guard,
guards employed by penal institutions, commissioned security
officers wearing an official uniform with their firearm in plain view,
private security officers authorized under Texas law wearing an
official uniform with their firearm in plain view or while wearing
plain clothes with their firearm concealed, all of whom must be
either traveling to or from a place of assignment or are in the
actual discharge of their official duties, are provided a defense to
prosecution for possessing a firearm or club under Texas Penal
Code Section 46.03(d) in the secured area of the airport.
If the person checked the firearm
Subsection (e) says it is a defense to prosecution that the actor
checked all firearms as baggage in accordance with federal or state
law or regulations before entering a secured area. See Tex. Penal
Code § 46.03(e).
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