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by mojo84
Fri Sep 19, 2014 4:41 pm
Forum: General Texas CHL Discussion
Topic: Church Premises
Replies: 6
Views: 1079

Re: Church Premises

JohnBoy wrote:I know you can't carry a concealed weapon into a church,
Actually, you can carry into a church as long as you haven't received notice not to or it's not posted with a 30.06 compliant sign.
PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411,
Government Code, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was
forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and
failed to depart.
(b) For purposes of this section, a person receives notice if the owner of the
property or someone with apparent authority to act for the owner provides notice
to the person by oral or written communication.
(c) In this section:
(1) “Entry” has the meaning assigned by Section 30.05(b).
(2) “License holder” has the meaning assigned by Section 46.035(f).
(3) “Written communication” means:
(A) a card or other document on which is written language identical
to the following: “Pursuant to Section 30.06, Penal Code (trespass by
holder of license to carry a concealed handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (concealed handgun
law), may not enter this property with a concealed handgun”; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English
and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section that the property on which
the license holder carries a handgun is owned or leased by a governmental entity
and is not a premises or other place on which the license holder is prohibited
from carrying the handgun under Section 46.03 or 46.035.
---
Last amended by Acts 2003, 78th Leg., ch. 1178, Sec. 2, eff. September 1, 2003.
(a) A license holder commits an offense if the license holder carries a handgun
on or about the license holder’s person under the authority of Subchapter H,
Chapter 411, Government Code, and intentionally displays the handgun in plain
view of another person in a public place.
(b) 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, on or about the license holder’s person:
(1) on the premises of a business that has a permit or license issued under
Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business
derives 51 percent or more of its income from the sale or service of alcoholic
beverages for on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting
event or interscholastic event is taking place, unless the license holder is a
participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(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;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of
religious worship
.....

(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.

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