Search found 4 matches

by rgunn
Mon Feb 04, 2008 11:20 pm
Forum: General Texas CHL Discussion
Topic: Church Carry
Replies: 48
Views: 7833

Re: Church Carry

The Annoyed Man wrote:Yeah, I think you posted just before I did. Sorry. I didn't mean to beat a dead horse. :mrgreen:
Well at least the horse doen't mind :smash: :mrgreen:
by rgunn
Mon Feb 04, 2008 11:16 pm
Forum: General Texas CHL Discussion
Topic: Church Carry
Replies: 48
Views: 7833

Re: Church Carry

The Annoyed Man wrote:I don't know if this will help, but FlintKnapper posted this to me on another forum which was instructive, because I had misinterpreted the statute to bar CHL carry in churches (see the 3 sections highlighted in red)...

§ 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:

(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.
(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.
(d) A license holder commits an offense if, while
intoxicated, the license holder carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless
of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer
under Chapter 1702, Occupations Code, and employed as a security
officer commits an offense if, while in the course and scope of the
security officer's employment, the security officer violates a
provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or
outdoor facility or park where amusement rides are available for
use by the public that is located in a county with a population of
more than one million, encompasses at least 75 acres in surface
area, is enclosed with access only through controlled entries, is
open for operation more than 120 days in each calendar year, and has
security guards on the premises at all times. The term does not
include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
(2) "License holder" means a person licensed to carry
a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e)
is a Class A misdemeanor, unless the offense is committed under
Subsection (b)(1) or (b)(3), in which event the offense is a felony
of the third degree.
(h) It is a defense to prosecution under Subsection (a) that
the actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have been
justified in the use of deadly force under Chapter 9.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214,
§ 2

(h-1) It is a defense to prosecution under Subsections (b)
and (c) that the actor, at the time of the commission of the
offense, was:
(1) an active judicial officer, as defined by Section
411.201, Government Code; or
(2) a bailiff designated by the active judicial
officer and engaged in escorting the officer.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222,
§ 5

(h-1) It is a defense to prosecution under Subsections
(b)(1), (2), and (4)-(6), and (c) that at the time of the commission
of the offense, the actor was:
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section
411.201, Government Code; or
(3) a district attorney, assistant district attorney,
criminal district attorney, assistant criminal district attorney,
county attorney, or assistant county attorney.
(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.

(j) Subsections (a) and (b)(1) do not apply to a historical
reenactment performed in compliance with the rules of the Texas
Alcoholic Beverage Commission.

Added by Acts 1995, 74th Leg., ch. 229, § 4, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 10.04, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1261, § 26, 27, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1420, § 14.833, eff. Sept. 1,
2001.

Amended by:
Acts 2005, 79th Leg., Ch. 976, § 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1214, § 2, eff. June 15,
2007.
Acts 2007, 80th Leg., R.S., Ch. 1222, § 5, eff. June 15,
2007.
Yes sir I finally read far enough line and found it. Thanks
by rgunn
Mon Feb 04, 2008 11:10 pm
Forum: General Texas CHL Discussion
Topic: Church Carry
Replies: 48
Views: 7833

Re: Church Carry

Nevermind I found it
by rgunn
Mon Feb 04, 2008 11:02 pm
Forum: General Texas CHL Discussion
Topic: Church Carry
Replies: 48
Views: 7833

Church Carry

Where does it state in the Penal Codes that churchs must post a 30.06 sign to restrict carry? I have read
http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm and it says churchs are off limits, although I know they are not. The statutes say they are current through the 80th legislature, so I am missing something I guess?

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