Texas CCW Question

Buffalo Wing · January 27, 2013, 02:54 AM

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.

**JohnKSa** · January 27, 2013, 03:03 AM

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.

Buffalo Wing · January 27, 2013, 11:06 AM

Thanks, John. This is what I get for trying to read through this stuff at midnight.

**JohnKSa** · January 27, 2013, 06:40 PM

It's confusing the way it's written--they really need to fix it.

Buffalo Wing · January 27, 2013, 06:58 PM

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.

CowTowner · January 28, 2013, 09:52 AM

JohnKSa, Our lawmakers are in session. I sending an email on this subject as well as the training Texans for Florida non-resident licenses.

January 27, 2013, 02:54 AM	#1
Buffalo Wing Member Join Date: December 5, 2009 Location: MO - stationed at Whiteman AFB Posts: 54	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.

January 27, 2013, 03:03 AM	#2
JohnKSa Staff Join Date: February 12, 2001 Location: DFW Area Posts: 16,760	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. __________________ Did you know that there is a TEXAS State Rifle Association? Check out Black Bear Flashlights.

January 27, 2013, 06:40 PM	#4
JohnKSa Staff Join Date: February 12, 2001 Location: DFW Area Posts: 16,760	It's confusing the way it's written--they really need to fix it. __________________ Did you know that there is a TEXAS State Rifle Association? Check out Black Bear Flashlights.

January 28, 2013, 09:52 AM	#6
CowTowner Senior Member Join Date: October 17, 2007 Location: Cowtown of course! Posts: 976	JohnKSa, Our lawmakers are in session. I sending an email on this subject as well as the training Texans for Florida non-resident licenses. __________________ NRA Chief Range Safety Officer, Home Firearm Safety and Basic Pistol Instructor "The democracy will cease to exist when you take away from those who are willing to work and give to those who would not." Thomas Jefferson

January 27, 2013, 11:06 AM	#3
Buffalo Wing Member Join Date: December 5, 2009 Location: MO - stationed at Whiteman AFB Posts: 54	Thanks, John. This is what I get for trying to read through this stuff at midnight.

January 27, 2013, 06:58 PM	#5
Buffalo Wing Member Join Date: December 5, 2009 Location: MO - stationed at Whiteman AFB Posts: 54	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.