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by The Annoyed Man
Mon Apr 23, 2012 1:22 pm
Forum: General Texas CHL Discussion
Topic: CHL Carry at Public Park/Ball Fields - No signs Posted
Replies: 13
Views: 4222

Re: CHL Carry at Public Park/Ball Fields - No signs Posted

trlrider wrote:OK, I am sure this have been covered a million times before, but here goes:
City of Seguin Ordinace reads as follows:

Sec. 70-73 Possession of firearms prohibited in certain places: exceptions.
(a) It shall be unlawful for any person to carry a firearm within the city limits of the City of Seguin at:
(1) A public park; or
(2) A public meeting of a governmental body; or
(3) A political rally, political parade, or official meeting; or
(4) A nonfirearms-related school, college, or professional athletic event.
(5) at any place within the city limits where a concealed license holder is permitted to carry a firearm,
a person other than a licensed peace officer shall not carry an unconcealed weapon.

(b) It is an affirmative defense to prosectution for a violtation of this provision that:
(1) the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event, and the firearm
is of the type commonly used in the activity; or
(2) The firearm is being carried by a certified peace officer; or
(3) The fiream is being carried by a certified security officer in the performance of his employment.
(Ord. No. 95-7, 3-21-95; Ord. No. 2011-39, 2, 8-2-11

Now,
There are no visible signs posted anywhere within any of the city parks that I have found, or the little league fields which are located within one of the parks.

A visit to the police department today, resulted in a copy of the above ordinance being printed and given to me, a short discussion, a trip by the vary nice lady from administation to the officers area, and the following:
It seems that if it is not specifically posted, even though the ordinance reads as such, if it is not specifically forbidden under state law, then if "should" be okay to carry at the parks under my CHL.

Although, I am still confused, when you read under the CHL -16 published 9-2011 Local Governemnt Code 229.001 Firearms; Explosives. Subsection (b)(6) reads;
regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchaprter H, Chapter 411, Goverment Code, at a;
(A) public park
(B) public meeting of a municipality, county, or other governmenal body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or a professional athletic event

No, I know it is simple, but it is still confusing:
The city ordinance states "Any person" and the state version states " other than a person licensed "

so which is it, does the city have the right to tell me I cannot carry concealed, or is the wording just so vague that even the officers are not sure?

Thanks for any guidance!
I read Sec. 70-73(a)(5) to mean that it is an exception: "at any place within the city limits where a concealed license holder is permitted to carry a firearm, you may do so if you have a CHL; AND, if you are not a LEO nor do you have a CHL, then you may NOT carry a firearm." That means that Seguin acknowledges preemption, and that holders of CHLs are exempt—by state law—from any restrictions against carrying a firearm any place where it would normally be legal for a CHL holder. In other words, you've got nothing to worry about. Follow the STATE laws, and you'll be in compliance with anything Seguin passes.

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