January 27, 2013, 01:54 AM | #1 |
Member
Join Date: December 5, 2009
Location: TX - Stationed at JBSA
Posts: 93
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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. |
January 27, 2013, 02:03 AM | #2 |
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Join Date: February 12, 2001
Location: DFW Area
Posts: 24,993
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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;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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January 27, 2013, 10:06 AM | #3 |
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Join Date: December 5, 2009
Location: TX - Stationed at JBSA
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Thanks, John. This is what I get for trying to read through this stuff at midnight.
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January 27, 2013, 05:40 PM | #4 |
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Join Date: February 12, 2001
Location: DFW Area
Posts: 24,993
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It's confusing the way it's written--they really need to fix it.
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January 27, 2013, 05:58 PM | #5 |
Member
Join Date: December 5, 2009
Location: TX - Stationed at JBSA
Posts: 93
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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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January 28, 2013, 08:52 AM | #6 |
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Join Date: October 17, 2007
Location: Cowtown of course!
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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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NRA Chief Range Safety Officer, Home Firearms Safety, Pistol and Rifle Instructor “Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life......” President John F. Kennedy |
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