Carry at Malibu Speed Zone ??

[DTCOOPER]

Hey guys and gals, Malibu Speed Zone in Dallas is an amusement park of sorts.. By their own admission (signs posted everywhere describing the place) it's only 12 acres. I believe the state's definition of an amusement park is at least 50 acres...
This is the only sign on the doors. So I wonder if it's legal to carry there..

[Kythas]

It's not a 30.06 sign, so carry away. Even amusement parks must be posted 30.06, though I'd argue that Speed Zone doesn't qualify as an amusement park under the statutes, as it's less than 75 acres and doesn't have security guards on the premises at all times.

TEX PE. CODE ANN. § 46.035 : Texas Statutes - Section 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. <a target="new" href="http://www.legis.state.tx.us/tlodocs/80 ... M">1214</a>, Sec. 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.


, Sec. 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.

[GhostTX]

That's interesting Kythas. I was always under the impression an amusement park didn't have to post 30.06 if it qualified as an "amusement park".

[boomerang]

That's interesting Kythas. I was always under the impression an amusement park didn't have to post 30.06 if it qualified as an "amusement park".

That was originally true. Like churches.

Instead of repealing those subsections they added the defense to prosecution. I sometimes wonder if they're paid by the word.

[Kythas]

That's interesting Kythas. I was always under the impression an amusement park didn't have to post 30.06 if it qualified as an "amusement park".

That was originally true. Like churches.

Instead of repealing those subsections they added the defense to prosecution. I sometimes wonder if they're paid by the word.

It's actually not a "defense to prosecution". The statute was amended to say they flat out do not apply if notice wasn't given.

If it were a defense to prosecution, it would say "It is a defense to prosecution", like the amendment to 30.05:

CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS

§ 30.05. CRIMINAL TRESPASS.
(a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
.........

(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.

Note that with a "defense to prosecution" you will still take the ride. If the sections of a code do not apply, you shouldn't take the ride at all. If you do, I'd say you have a pretty good civil rights violation case.

Of course, I am not a lawyer, did not stay at a Holiday Inn Express last night, and did not eat Wheaties for breakfast.

[GhostTX]

I just read the sign again (OP picture).

Aren't you carrying a defensive weapon?

[surprise_i'm_armed]

The picture isn't totally clear, but I'd say that
the gun pictured is a 1911.

So if you carry something other than a 1911,
you should be fine. :-)

SIA