A sign referencing Texas Penal Code Section 46.03 means the location is a weapons-prohibited zone under state law, not a private property owner’s rule. The ban applies whether or not the sign is actually posted, and carrying a firearm past one is a third-degree felony punishable by two to ten years in prison.
How 46.03 Differs From 30.06 and 30.07
Confusing these signs is a common and expensive mistake. They come from different statutes and work differently.
Sections 30.06 and 30.07 are tools private property owners choose to use. A 30.06 sign bans concealed carry by license holders; a 30.07 sign bans open carry by license holders.1State of Texas. Texas Code Penal 30.07 – Trespass by License Holder With an Openly Carried Handgun Both must use specific statutory language in English and Spanish, in contrasting-color block letters at least one inch tall, posted conspicuously at every entrance. If the sign is missing or formatted wrong, the prohibition may not be enforceable.
Section 46.03 works the opposite way. The Texas Legislature declared the listed locations off-limits by statute, so the prohibition exists on its own. A 46.03 sign is an informational courtesy. No specific font, bilingual text, or placement standard applies, because the sign is not what creates the offense. The location is.
Locations Prohibited Under Section 46.03
The statute covers a long list of sensitive places.2State of Texas. Texas Penal Code 46.03 – Places Weapons Prohibited Some are obvious; a few catch people off guard.
- Public and private schools, including grounds, buildings hosting school-sponsored activities, and school-owned passenger vehicles. Public colleges fall under the campus carry law; private colleges that opted out must post 30.06 notice for the ban to reach license holders.
- Polling places during early voting and on election day.
- Government courthouses and offices used by a court, unless the court gives written authorization.
- Racetracks.
- Secured areas of airports beyond the security checkpoint.
- Bars and other businesses that derive 51 percent or more of their income from on-premises alcohol sales. These post a red “51%” sign issued by the Texas Alcoholic Beverage Commission.
- Premises hosting a high school, collegiate, professional, or interscholastic sporting event, with a narrow exception for participants whose firearm is actually used in the event.
- Correctional and civil commitment facilities.
- Licensed hospitals, licensed nursing facilities, and mental hospitals, unless the facility grants written authorization.
- Amusement parks that meet the statute’s specific definition.
- Rooms where a governmental entity holds a meeting under the Texas Open Meetings Act, if proper notice was given.
- The area within 1,000 feet of a designated execution site on the day of a scheduled execution, if the person received notice of the ban.
No Sign Required at Most of These Places
This is where people get tripped up. At nearly every location in Section 46.03, the prohibition is automatic. You do not need to see a sign, receive oral notice, or be warned by anyone. Walk into a courthouse, a hospital, or a polling place carrying a firearm and you have committed a felony, even if the building posted nothing at the door.
Only a handful of 46.03 situations require notice as part of the offense. Execution sites require that the person received notice of the ban. Government open meetings require the entity to have given proper notice under the Open Meetings Act. Private colleges that opted out of campus carry must post effective 30.06 signs for the prohibition to reach license holders. Outside those narrow scenarios, “I didn’t see a sign” is not a defense.
A License to Carry Does Not Help
Section 46.03 restrictions bind everyone. Holding a Texas License to Carry does not create an exception for these locations, and the statute explicitly states that an LTC is not a defense to prosecution.
Permitless carry did not change this either. When Texas enacted House Bill 1927 in 2021, the law expanded who could carry a handgun in public without a license but left every 46.03 prohibition intact.3City of Houston. Firearms Carry Act of 2021 HB 1927 A person carrying without a license faces the same felony charge as a license holder for entering a 46.03 location.
Who Is Actually Exempt
Section 46.15 of the Penal Code carves out specific categories of people who may legally carry in 46.03 locations.4State of Texas. Texas Penal Code 46.15 – Nonapplicability The list is narrow and leans heavily toward law enforcement and court personnel:
- Peace officers and special investigators, on or off duty.
- Parole and community supervision officers on duty and in compliance with department policy.
- Active and retired judicial officers, if licensed to carry.
- Retired peace officers who hold a certificate of proficiency and carry qualifying agency photo identification.
- District attorneys, county attorneys, the attorney general, and their assistants, if licensed to carry.
- Bailiffs actively escorting a judicial officer, if licensed.
- Volunteer emergency services personnel actively providing emergency services, if licensed.
If you are not on that list, the ban applies to you. Schools, courts, hospitals, nursing facilities, and mental hospitals can grant written authorization that creates a narrow exception at that institution, but it has to come from the administration in writing. A verbal okay from a staff member does not count.
The Parking Lot Rule
Even when firearms are banned inside the building, Texas Labor Code Section 52.061 protects the right of an employee to keep a firearm in a locked, privately owned vehicle in the employer’s parking area.5State of Texas. Texas Labor Code LAB 52.061 The firearm must be lawfully possessed, the vehicle must be the employee’s own, and it must stay locked.
The protection has limits. Employer-provided vehicles can be restricted by the employer. Schools can prohibit students from storing firearms in vehicles on school lots. Chemical manufacturing plants and certain oil and gas operations have their own carve-outs. And the protection ends at the vehicle door. Stepping out onto the premises of a 46.03 location with the firearm puts you back into felony territory.
The Penalty for Violating 46.03
A violation of Section 46.03 is a third-degree felony. Under Texas sentencing rules, that carries:
- Two to ten years in the Texas Department of Criminal Justice.6State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
- A fine of up to $10,000, which a judge may impose on top of the prison sentence.
- Permanent loss of firearm rights under state and federal law upon conviction.
This is not a trespass ticket. The statute covers reckless possession alongside intentional and knowing conduct, so a person who absent-mindedly walks into a courthouse with a concealed handgun faces the same felony classification as someone who does it on purpose. Given that most 46.03 locations are not required to warn you at the door, memorizing the list is a safer approach than relying on signage.