The problem is you are reading the whole code, and they stop before they get to the relevant section.TXPhidelt817 wrote:Personally, I carry at church. When I renewed my CHL a few months back, the Fort Worth officer that taught the class was very firm in his stance that church carry was illegal. I argued my opinion on how the PC reads but it only fell on deaf ears. The way I read the PC is that it is only illegal if the building is posted 30.06.
After the class, I reached out to a friend that is a Tarrant County DA who said that its illegal but that he had never prosecuted anyone under any similar charges.
What nonsense are they reading that I am not?
Then in (b) it goes on to sub-section (6) which is where they are stopping (which is the nonsense.)PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (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 fails to conceal the handgun.
(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:
But look on down to sub-section (i)(6) on the premises of a church, synagogue, or other established place of religious worship.
So you are right, a church has to be posted with a valid 30.06 sign to stop a CHL holder from carrying. The fact that a cop and a DA didn't know this or wouldn't look up the code makes me...(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.
Of course, sub-section h-1 exempts them, being a cop and a DA, so why bother with figuring it out for the rest of the public. HB3218 was introduced to fix that problem and allow us mere citizens the same privileged as
Code of Criminal Procedures, TITLE 1, CHAPTER 2, Art. 2.12. WHO ARE PEACE OFFICERS. wrote:"Sheriffs, their deputies, constables, deputy constables, marshals or police officers of an incorporated city, town, or village, rangers investigators of the district attorneys', criminal district attorneys', and county attorneys' offices, agents of the Texas Alcoholic Beverage Commission, members of an arson investigating unit, officers commissioned under the Education Code, officers commissioned by the General Services Commission, law enforcement officers commissioned by the Parks and Wildlife Commission, airport police officers commissioned by a city with a population of more than 1.18 million located primarily in a county with a population of 2 million or more, airport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, municipal park and recreational patrolmen and security officers, security officers and investigators commissioned as peace officers by the comptroller, officers commissioned by a water control and improvement districts, officers commissioned by a board of trustees under the Transportation Code, investigators commissioned by the Texas Medical Board, officers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District and the board of directors of the Ector County Hospital District, county park rangers commissioned under the Local Government Code, investigators employed by the Texas Racing Commission, officers commissioned under the Occupations Code, officers commissioned by the governing body of a metropolitan rapid transit authority under the Transportation Code, or by a regional transportation authority under the Transportation Code, investigators commissioned by the attorney general under Government Code, security officers and investigators commissioned as peace officers under the Government Code, an officer employed by the Department of State Health Services under the Health and Safety Code, officers appointed by an appellate court under the Government Code, officers commissioned by the state fire marshal under the Government Code, an investigator commissioned by the commissioner of insurance under the Insurance Code, apprehension specialists and inspectors general commissioned by the Texas Juvenile Justice Department as officers under the Human Resources Code, officers appointed by the inspector general of the Texas Department of Criminal Justice under the Government Code, investigators commissioned by the Commission on Law Enforcement Officer Standards and Education under the Occupations Code, commission investigators commissioned by the Texas Private Security Board under the Occupations Code, the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under the Health and Safety Code, officers commissioned by the State Board of Dental Examiners under the Occupations Code, subject to the limitations, investigators commissioned by the Texas Juvenile Justice Department as officers under the Human Resources Code, and the fire marshal and any related officers, inspectors, or investigators commissioned by a county under the Local Government Code."