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Old November 14, 2005, 08:01 PM   #1
Doug.38PR
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Join Date: January 18, 2005
Posts: 3,298
Question to Texas CHL instructors

I've been ask by several people at church that know I have a CHL:

"why don't you have your gun on at church! What is some islamic terrorist runs in here. we need you to help us out man! The law says you can carry in church unless it has a 30.06 sign saying you can't. That's what the law says, man. I read it myself."

I know what they are talking about. HOWEVER, I have been told by others that you can't carry unless you have written permission to carry. In other words, one side says you can carry unless they say you can't another side says you can't carry unless they say you can.

Now, I am not going to carry in church on sunday morning during services just out of respect to the Lord leaving concerns and work outside as a time of observing of his holiness. We are there to worship God. Won't carry in church unless prudence deems it necessary. (Like if the day comes when there is a HIGH probability of a terrorist or some nut barging in and mowing a bunch of people down or whatever. The kind of things you see in 3rd world countries) Other than that reason, I will not carry in church on Sunday.

That being said however there are other days of hte week and times that are not during worship services that I go to the church campus and get tired of having to leave the gun in the car and slip it back on when i go out....especially if I have friends coming back to the car with me to go somewhere and don't want them seeing me put my weapon back on

Anyway, as far as the law goes. I can see conflicting statements in different portions of the Texas Concealed Handgun Laws and Selected Statures booklet 2001-2002 that I was given a year ago.

The language is as follows:

On page 71: "6.45 PLACES PROHIBITED: CLASS A MISDEMEANOR VIOLATIONS: A license holder may not carry a handgun on or about the license holder's person under authority of the Act in the following places:.....(5) On the premises of a church, synagogue, or other place of religious worship. No posting is required by the Act. Violation is a Class A misdemeanor under Texas Penal Code 46.035. This subsection shall not apply if the actor was not given effective notice under Texas Penal Code 30.06"

On Page 33: "46.035 UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER:......(6) on the premises of a church, synagogue or other established place of religious worship."

Finally Page 91: "Q: Where can I not take my gun?
A: ....You may not carry handguns in hospitals or nursing homes, amusement parks, places of worship or at government meetings if signs are posted prohibiting them..."

Well, this would seeeeeem to indicate that I can. But the page 71 quote says "no posting is required by the Act" but later says violations shall not apply unless I am given noteice by 30.06 posting. Do you need posting or not?
Page 33 seems to say I CAN NOT. But then 71, as stated above, seems to indicate that I do but don't need posting
Page 91 seems to say I CAN unless posted otherwise.

My CHL instructor told me I CAN'T unless I have permission of the church. (he suggested written permission)

So what do y'all say?
Thanks
Doug.38PR is offline  
 
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