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I am going to visit someone in huntsvile and they work at the prison and live in a house on grounds.

fadlan12 wrote:I am going to visit someone in huntsvile and they work at the prison and live in a house on grounds. Is it legal to carry there as long as I don't go in a secured area?

Secured area has nothing to do with it. The law states;

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(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:

(3) on the premises of a correctional facility;


(f) In this section:

(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.

It appears CHL carry is not illegal on the grounds. Since the house is a building, carry may be prohibited there.

I have never been to the Huntsville prison. it is likely they don't allow firearms on the grounds at all. I am interested to here how it goes. Will you please let us know?

I have been to the prison in Dilly. I understood "premises" to exclude the parking lot.

When we arrived, the guard had us get out of the truck and he searched the truck and under the hood. I had my Kimber on my side and just kept my mouth shut until he was done.

There is a sign on the way in listing all the prohibited items, including firearms.

If I have to go back, I am going to call and ask about CHL in the parking lot before driving from DFW.

Thanks for the input. I will post details later. I will call my friend and ask. Just did not want to broach the subject unnecessarily.

Well turned out the guy lived in Prison barracks. So I did not have to go on prison "grounds" only on prison property. He did metion that if there were prisoners working in the area (ie trash pickup or whatever) that I would have to have it locked in my vehicle.

The prison housing on the grounds of Texas (state) prisons do allow firearms.....I have both lived in and visited them MANY times. However, the BOQ quarters on most units do prohibit firearms being kept by the Officers.

The BOQ housing has an inmate assigned to the common areas to keep things clean and this housing is geneally used by folks that go home to another location on their days off (there are exceptions). The combination of these things would leave a weapon unsecure for many hours during the day with inmates in and around the area.

Kevin will have to tell us about the restrictions of Federal prison housing if any exist.
Jason

jbirds1210 wrote:Kevin will have to tell us about the restrictions of Federal prison housing if any exist.
Jason

Most federal prisons don't have any staff housing. The older ones (like Texarkana) usually have a limited number of staff houses. The Warden, Captain, and other executives were required to live on the reservation at one time, but not for many years now. So, whatever housing there is, is available first come, first serve. Residents have to sign a rental contract with a "no guns" provision, and storage is available in the Armory.

As for anyone else, it's not against the law to bring a gun onto the grounds, although the BOP has tried to pretend for years that it is. It's against policy, but not against the law, so long as you're outside the secure perimeter and outside any "federal facilities" (buildings). When LEOSA passed, we tried to negotiate storage for staff personal firearms, but we've been met with solid resistance so far.

The BOP did propose a Rule to "codify" this policy into the CFR (which has the weight of law), after we proved to them that firearms on the grounds were not illegal. We caught wind of it in the Federal Register, and bombarded them during the "public comment" period. More than six months after the comment period ending, the proposed Rule still hasn't been mentioned as either affirmed, or rejected.

Kevin

TDCJ has a policy that a vehicle can be stored "secured" in your vehicle even if your going into the prison itself. I have lived on prison property (well outside the secured area) and posessed guns. You have nothing to worry about as far as TDCJ-owned/operated facilities are concerned so long as you don't try to go through the gate.

I don't have to worry about it anymore, but this was an issue (I kinda struggled with) when I was visiting someone in the Beaumont Federal facility...

I would have liked to, and would have provided sufficient, secure storage in my vehicle, but when you fill out the visitation form, they ask you directly what you are driving and if you have in your possession any of the "prohibited" items on their list...

I figure that it would not be a good idea to lie or omit any information, as I would not like to be a guest at the facility anyway...

Just a big can of worms I am glad I do not have to deal with anymore...

stevie_d_64 wrote:I don't have to worry about it anymore, but this was an issue (I kinda struggled with) when I was visiting someone in the Beaumont Federal facility...

I would have liked to, and would have provided sufficient, secure storage in my vehicle, but when you fill out the visitation form, they ask you directly what you are driving and if you have in your possession any of the "prohibited" items on their list...

At the point you were filling out the "Notification to Visitors" form in the front lobby, anything you had left in your car was not in your possession.

For anyone else who might visit a federal prison, remember: you can never be forced to submit to a search. You can be denied entrance and required to leave, but you're always free to decline to be searched. Same goes for your car in the parking lot.

We're LEOs with arrest authority. We can't search non-inmates against their will without warrant any more than a cop on the street can.

Kevin

KBCraig wrote:For anyone else who might visit a federal prison, remember: you can never be forced to submit to a search. You can be denied entrance and required to leave, but you're always free to decline to be searched. Same goes for your car in the parking lot.

We're LEOs with arrest authority. We can't search non-inmates against their will without warrant any more than a cop on the street can.

Kevin

The same goes for at least one other Federal installation, and this is despite their posted signs at the entrances that say that your presence in this Federal facility is your consent to be searched. That's crap and the appropriate regulations clearly spell out what KBCraig says above--if the search is declined, you will be escorted off of the facility. They are just trying to scare you with a sign they know is wrong!

BTT.

I recently had someone I know incarcerated in the state Prison system. I went down to visit this last weekend but I really wasn't sure about the firearms policy.

There is a sign at the gaurd gate that states it is a felony for a CHL to posses a firearm on the premises. Sorry I can't remember the exact wording, and they frown on pictures. This was on a yellow sign at the vehicle inspection point. Since this gaurd only allows you to proceed to the parking area, would I be in violation if I left my firearm locked up in the vehicle. I still have to go and check in with another gaurd who wands me, gives me my pass, and then they allow entry into the facility.

It's 120 miles down to the state prison, so that is a long trip and I would hate to find myself without my firearm if something happened during the trip. It is a minimum security facility, and the vehicle check is not really much of a check.

I think I would be all right, but I just want to make sure.
Anyone have any idea's on this?

Right2Carry wrote:BTT.

I recently had someone I know incarcerated in the state Prison system. I went down to visit this last weekend but I really wasn't sure about the firearms policy.

There is a sign at the gaurd gate that states it is a felony for a CHL to posses a firearm on the premises. Sorry I can't remember the exact wording, and they frown on pictures. This was on a yellow sign at the vehicle inspection point. Since this gaurd only allows you to proceed to the parking area, would I be in violation if I left my firearm locked up in the vehicle. I still have to go and check in with another gaurd who wands me, gives me my pass, and then they allow entry into the facility.

It's 120 miles down to the state prison, so that is a long trip and I would hate to find myself without my firearm if something happened during the trip. It is a minimum security facility, and the vehicle check is not really much of a check.

I think I would be all right, but I just want to make sure.
Anyone have any idea's on this?

Texas Penal Code
46.035. Unlawful Carrying of Handgun by License Holder.


(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:
(3) on the premises of a correctional facility;

(f) In this section:
(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.

So it is not unlawful to carry into the parking lot. However, do they do vehicle searches? They could deny you entry.

Prior to Texas CHL, the local sheriff dept was called whenever a visitor approached the vehicle checkpoint and a weapon [or drugs] was found. I left employment before CHL was established in Texas but due to trustees throughout the grounds, BOQ, housing and otherwise, I can't see where TDCJ would allow firearms of any kind on state property [with few exceptions like tower and field employees]. It was common knowlege that our wardens and capt/majors kept weapons in their housing, but it was still illegal.

I had to interview a witness that worked for my client before going to prison. I met with him at the prison in Cotulla, TX. Since "premises" is statutorily defined, I didn't think twice about leaving the gun in my car, until I got to the gate and saw a sign basically saying "no guns." I called the prison from outside the gate and the warden met me at my car, took the gun into the prison and told a guard to let me have it when I was leaving.

The warden thanked me for calling and letting me know about the gun, but they really didn't seem too concerned.

Chas.