Search found 1 match

by redoregon
Sun Oct 04, 2009 5:41 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Getting Open Carry legislation introduced ??
Replies: 38
Views: 5881

Re: Getting Open Carry legislation introduced ??

May I be so bold as to quote from the Texas Attorney General Opinions page on the Texas DPS web page http://www.txdps.state.tx.us/administra ... sindex.htm:
The term "premises" as used in section 46.035 "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." Penal Code § 46.035(f)(3); see also id. § 46.035(f)(1) (providing that the term "amusement park" does not include "any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."). This definition of "premises" was added after a witness testified in committee hearings on Senate Bill 60 that case law defines "premises" broadly, to include parking lots, driveways, and land adjacent to a building. Hearings on S.B. 60 Before the House Comm. on Public Safety, 74th Leg., R.S. (March 21, 1995) (testimony of Charles Cotten) (tape available from House Video/Audio Services Office). He was concerned that an individual who went someplace where concealed guns were prohibited would commit a crime by driving into the driveway. Id. He felt that the legislature intended that an individual could leave his gun in the car when he or she went into such a building. Id. Thus, while section 46.035 prohibits the carrying of a handgun at the foregoing places, it does not prohibit the carrying of a handgun in the driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of a business that sells alcoholic beverages, a high school, collegiate, or professional sporting event or interscholastic event, correctional facility, hospital or nursing home, amusement park, or church, synagogue, or other established place of religious worship.
There's a good amount of other interesting information there as well:

http://www.txdps.state.tx.us/administra ... hl/AGO.HTM" onclick="window.open(this.href);return false;

[Later Edit...]
Hey, wait a minute.. Charles Cotten... where have I heard that name before....? Oh wait, the bad spelling got me. Mr. Cotton, was that you and we can't even trust our government to spell? :txflag:

Return to “Getting Open Carry legislation introduced ??”