L3R – 3.11 Private Security and Weapons

Private Security and Weapons

I  Definitions

Weapon definitions are established in PC §46.01.

a.   Club

Club means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:

  • blackjack;
  • nightstick;
  • mace; or
  • tomahawk.

b. Explosive Weapon

Explosive weapon means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.

c. Firearm

Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:

  • an antique or curio firearm manufactured before 1899; or
  • a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

d. Handgun

Handgun means any firearm that is designed, made, or adapted to be fired with one hand.

e. Knife

Knife means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

f. Machine Gun

Machine gun means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.

g. Short-Barrel Firearm

Short-barrel firearm means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.
h. Armor-Piercing Ammunition

Armor-piercing ammunition means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.

i. Hoax Bomb

Hoax bomb means a device that:

  • reasonably appears to be an explosive or incendiary device; or
  • by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies.

j. Chemical Dispensing Device

Chemical dispensing device means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

k. Zip Gun

Zip gun means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

l. Tire Deflation Device

Tire deflation device means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle’s tires. The term does not include a traffic control device that:

  • is designed to puncture one or more of a vehicle’s tires when driven over in a specific direction; and
  • has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device.

II Places Weapons Prohibited

Weapons are prohibited in the following places:

  • On the premises of a business that derives 51% or more of its income from the sale or service of alcoholic beverages for on- premises consumption; such premises are required to post notices under TGC §411.204;
  • On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place (unless the licensee has written authorization or has a license to carry and goes with a concealed handgun);
  • On the premises of a correctional facility;
  • On the premises of a civil commitment facility;
  • On the premises of a hospital or nursing home if effective notice of prohibition is given per Penal Code (PC) Chapter 30 (unless the licensee has written authorization); such premises also are required to post notices under TGC §411.204;
  • On the premises of a mental hospital, as defined by Section 571.003, Health and Safety Code, unless the person has written authorization of the mental hospital administration.
  • In an amusement park (if effective notice of prohibition is given per PC Chapter 30).
  • On the premises of State Hospitals (in accordance with Health and Safety Code, Chapter 552, and effective notice of prohibition is given per PC Chapter 30);
  • On the physical premises of a school, grounds or buildings on which an activity sponsored by a school is being conducted, or in a school transportation vehicle (unless the licensee has written authorization or has a license to carry and goes with a concealed handgun);
  • On the premises of a polling place on the day of an election or while early voting is in progress;
  • On the premises of any government court or court offices (unless the licensee has written authorization from the court);
  • On the premises of a racetrack;
  • In or into a secured area of an airport; or
  • Within 1,000 feet of premises designated as a place of execution on the day a sentence of death is set to be imposed.
  • There are several defense to prosecution sections in PC 46.03.

III Prohibited Weapons

A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

  • armor-piercing ammunition;
  • a chemical dispensing device;
  • a zip gun;
  • a tire deflation device;
  • an improvised explosive device;
  • or any of the following items unless the item is registered in the National Firearms Registration and Transfer Record, maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:
    • an explosive weapon
    • a machine gun
    • a short-barrel firearm