Texas-Book-Gun Law Armed And Educated - Flipbook - Page 327
Further, these prohibitions do not apply to honorably retired peace
officers or other qualified retired law enforcement officers under
18 U.S.C. § 926C, federal criminal investigators or former reserve
law enforcement officers who have served at least 15 years as a
reserve and who maintain a certificate of proficiency issued under
Texas Occupations Code Section 1701.357. See Tex. Penal Code
§ 46.15(a)(1) and (5).
V. TEXAS PENAL CODE SECTION 46.15: THE NON-APPLICABILITY
STATUTE
Under Section 46.03(a) of the Texas Penal Code, “a person commits
an offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm, location-restricted knife, club,
or prohibited weapon listed in Section 46.05(a)” on to certain
premises. However, beyond the specific defenses mentioned in the
prior sections, there is another general defense to prosecution listed
in Texas Penal Code Section 46.15:
(m) It is a defense to prosecution under Section 46.03 that the
actor:
(1) carries a handgun on a premises or other property on
which the carrying of a weapon is prohibited under that
section;
(2) personally received from the owner of the property, or
from another person with apparent authority to act for
the owner, notice that carrying a firearm or other weapon
on the premises or other property, as applicable, was
prohibited; and
(3) promptly departed from the premises or other property.
316 | CHAPTER FOURTEEN
