Texas-Book-Gun Law Armed And Educated - Flipbook - Page 361
operator of the premises that govern the carrying of a handgun on
the premises; and (4) the person is not prohibited by state or federal
law from possessing a firearm. See Tex. Penal Code § 46.15(l).
This means a person may be able to legally carry their handguns
during a disaster and on the premises of an emergency shelter if
they abide by the shelter’s rules.
VII. UNDERSTANDING GUN-FREE SCHOOL ZONES LAWS
The discussion of Gun-Free School Zones is one that covers many
different areas of the law and affects both persons who hold an LTC
as well as persons who do not. That is because “Gun-Free School
Zones” laws and their meanings cause a lot of confusion. Signs
warning about being in a “Gun-Free School Zone” are common
around schools, but what does this mean to people lawfully in
possession of firearms? There are actually both Texas and federal
“Gun-Free School Zones” laws, each with very different meanings
and consequences. For this reason, we will explain the applicable
rules for individuals who possess and do not possess an LTC in this
Chapter, even though it has been dedicated to possessing or carrying
a firearm without a license.
A. Texas “Gun-Free School Zone” law: enhancement statute
The Texas Gun-Free School Zone law is part of Texas Penal Code
Section 46.11. This statute does not create any new crimes or make
any rights under other statutes inapplicable, but it is what is legally
known as an enhancement statute. This means that if a person is
already committing a weapons crime in violation of Chapter 46 of the
Texas Penal Code, and if it is shown at the trial of the defendant that
the crime occurred within 300 feet of a school or a school function,
then the range of punishment for that crime is increased.
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