Texas-Book-Gun Law Armed And Educated - Flipbook - Page 328
In short, it is a defense to prosecution if a person carries a handgun
into an otherwise prohibited location under Section 46.03,
personally received notice that carrying a firearm or other weapon
on the premises was prohibited, and then promptly departed from
the premises or other property.
For instance, if you accidentally walk into a building, open a door,
and find yourself (to your surprise) in a courtroom, you may have
a defense under Section 46.15 if you depart immediately upon
receiving personal notice that carrying the weapon was prohibited.
However, the defense provided above does not apply if a sign (as
described in Section 46.03(o)) was posted prominently at each
entrance to the premises or other property, as applicable; or at the
time of the offense, the actor knew that carrying a firearm or other
weapon on the premises or other property was prohibited. See Tex.
Penal Code § 46.15(o) and Chapter 13 for a discussion on Texas
Penal Code Section 46.03 signage.
LAW CHANGE
Note on repealed Texas Penal Code Section 46.035:
Texas Constitutional Carry (87(R) HB 1927) repealed Texas
Penal Code Section 46.035. However, just before the repeal,
amendments to Section 46.035 were made, creating what appears
to be a conflict. But there is good news, since this conflict is
easily resolved. Because the repeal of Section 46.035 took place
after it was amended, the repeal trumps the amendment under
the Code Construction Act. Therefore, amended Section 46.035,
in light of Texas Constitutional Carry, is irreconcilable, making it
ineffective. We expect lawmakers to clean this provision up in a
Law Of Handgun Carry: Part III 317
