Texas-Book-Gun Law Armed And Educated - Flipbook - Page 312
If the person is an LTC holder
Subsection (e-1) of Texas Penal Code Section 46.03 says it is a
defense to prosecution that the actor: possessed, at the screening
checkpoint for the secured area, a handgun that the actor was
licensed to carry under Subchapter H, Chapter 411, Government
Code; and exited the screening checkpoint for the secured area
immediately upon completion of the required screening process
and notification that the actor possessed the handgun.
In short, if a Texas LTC holder immediately exits the secured
area screening checkpoint with their handgun upon completion of
the screening process and notification that the Texas LTC holder
possessed a handgun, that is a defense to prosecution.
Additionally, a Texas LTC holder receives even more protection
under Texas Penal Code Section 46.03(e-2). Subsection (e-2)
explains that a peace officer investigating conduct that could be
seen as a breach of Texas Penal Code 46.03(a)(5) (taking a weapon
into a secured area of an airport) that consists only of the actor’s
possession of a handgun as a Texas LTC holder, the officer may not
arrest the actor for the offense unless: the officer advises the actor
of the defense available under Subsection (e-1) and gives the actor
an opportunity to exit the screening checkpoint for the secured
area, and the actor does not immediately exit the checkpoint upon
completion of the required screening process.
Meaning, if a Texas LTC holder takes a handgun into the secured
area of an airport and it is found by security, before the officer
can arrest the Texas LTC holder, the officer must tell the Texas
LTC holder that the holder has the ability to exit the screening
checkpoint after the required screening process. Then, the officer
Law Of Handgun Carry: Part III 301
