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Old January 27, 2013, 01:54 AM   #1
Buffalo Wing
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Texas CCW Question

Hey all,

I'm down in Texas for a little while and have a question about where carry is prohibited. According to handgunlaw.us (http://www.handgunlaw.us/states/texas.pdf), churches, hospitals, nursing homes, and amusement parks have to display a 30.06 sign to prevent carry. However, looking at the actual Texas penal code, Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER (http://www.statutes.legis.state.tx.u.../htm/PE.46.htm), it appears that those places are prohibited entirely, regardless of a 30.06 sign. Am I missing something in the penal code, or does Handgunlaw.us have this one wrong? Your responses much appreciated.
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Old January 27, 2013, 02:03 AM   #2
JohnKSa
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There has to be a 30.06 sign.

Keep reading down farther in the law (section 46) and you will find a section that says the subsection prohibiting church carry does not apply unless the CHL holder is given effective notice per 30.06.
"(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06."
"(b)(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(b)(5) in an amusement park; or
(b)(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity."
The reason it's done like that is that (i) was added later after everyone decided that there was no reason to prohibit church carry.
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Old January 27, 2013, 10:06 AM   #3
Buffalo Wing
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Thanks, John. This is what I get for trying to read through this stuff at midnight.
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Old January 27, 2013, 05:40 PM   #4
JohnKSa
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It's confusing the way it's written--they really need to fix it.
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Old January 27, 2013, 05:58 PM   #5
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Agreed - glad to know I am able to carry there unless it's posted though (and the church I've been going to isn't). At least Texas doesn't restrict it entirely.
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Old January 28, 2013, 08:52 AM   #6
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JohnKSa, Our lawmakers are in session. I sending an email on this subject as well as the training Texans for Florida non-resident licenses.
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