Parking Lot Legal/Illegal?

[{TEX}Hawaii 99]

New to Texas CHL laws. I will be visiting this summer and have a GFL which is honored by Texas. Also plan on getting my CHL while I am there.

My question is if parking lots are included in off-limits establishments. My specific example is from Georgia law which prohibits you from bringing your firearm even to the parking lot of a bar / establishment that gains most of it's income through sales of alcohol. Wondering if Texas has a similar law preventing you from having your firearm in your vehicle while parked in a lot of an offlimits establishment.

It's been a few years since I took criminal law classes in Texas. Can someone link me to the specific portion of the penal code which outlines offlimits places.

thanks,

[will381796]

No. State law defines a premises as being a building or part of a building. Unless that parking lot is posted 30.06, you're fine to leave your weapon inside your vehicle to enter the premises.

The only exception, of course, is federal property.

[FlynJay]

New to Texas CHL laws. I will be visiting this summer and have a GFL which is honored by Texas. Also plan on getting my CHL while I am there.

My question is if parking lots are included in off-limits establishments. My specific example is from Georgia law which prohibits you from bringing your firearm even to the parking lot of a bar / establishment that gains most of it's income through sales of alcohol. Wondering if Texas has a similar law preventing you from having your firearm in your vehicle while parked in a lot of an offlimits establishment.

It's been a few years since I took criminal law classes in Texas. Can someone link me to the specific portion of the penal code which outlines offlimits places.

thanks,

Welcome to Texas.
I would highly recommend reading up on the Texas laws. At least places in Texas where weapons are prohibited and under what circumstances. Here is a link to the current texas laws pertaining to CHLs found on the texas dps website. http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf

At a very minimum I would read these three sections.

PC 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
PC 46.03. PLACES WEAPONS PROHIBITED
PC 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER

Take note of this section of 46.035
(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.

[ClarkLZeuss]

My specific example is from Georgia law which prohibits you from bringing your firearm even to the parking lot of a bar / establishment that gains most of it's income through sales of alcohol. Wondering if Texas has a similar law preventing you from having your firearm in your vehicle while parked in a lot of an offlimits establishment.

IANAL, but I think leaving it in your car when parked at a "51%" establishment [see penal code] is ok. However, if you plan to drink even one sip of alcohol, it's advisable to just leave it at home, because IIRC in Texas there is no defined limit for "intoxicated" when it comes to the law that says "you can't be intoxicated and armed." So if you're pulled over for any reason (speeding, red light, etc.) and the officer smells alcohol on your breath, you're probably in for a ride.

[Isimanica]

No. State law defines a premises as being a building or part of a building. Unless that parking lot is posted 30.06, you're fine to leave your weapon inside your vehicle to enter the premises.

The only exception, of course, is federal property.

Just wondering but does that include college campuses? In the category of Fed property I mean.

[Aggie_engr]

Nope. You are not breaking any state laws in Texas anyways. That's not to say if discovered by university police you won't be expelled since I'm sure it is in every college handbook not to bring firearms onto campus, so bring it in your car at your own risk. I used to, but being only a year away from graduating I figured it just ain't worth the risk. At least until the campus carry bill is hopefully passed, then it's open season so to speak!

[will381796]

Nope. You are not breaking any state laws in Texas anyways. That's not to say if discovered by university police you won't be expelled since I'm sure it is in every college handbook not to bring firearms onto campus, so bring it in your car at your own risk. I used to, but being only a year away from graduating I figured it just ain't worth the risk. At least until the campus carry bill is hopefully passed, then it's open season so to speak!

Actually I'm not too sure about that. With the Federal Gun Free Zone, I know it gives an exemption to CHL holders, but I also thought that you had to be a CHL holder from the state in which the school is located. So, if you're going to be walking around a Texas college (but not going into any buildings, of course), you would need a TX CHL. I don't know if an out-of-state CHL would have this same exemption.

[Keith B]

Nope. You are not breaking any state laws in Texas anyways. That's not to say if discovered by university police you won't be expelled since I'm sure it is in every college handbook not to bring firearms onto campus, so bring it in your car at your own risk. I used to, but being only a year away from graduating I figured it just ain't worth the risk. At least until the campus carry bill is hopefully passed, then it's open season so to speak!

Actually I'm not too sure about that. With the Federal Gun Free Zone, I know it gives an exemption to CHL holders, but I also thought that you had to be a CHL holder from the state in which the school is located. So, if you're going to be walking around a Texas college (but not going into any buildings, of course), you would need a TX CHL. I don't know if an out-of-state CHL would have this same exemption.

This is correct. You must have a resident CHL from the state you are in to exempt you from the Federal Gun Free School Zone act in that state. For example, my Texas Resident CHL exempts me only from school grounds in Texas, not in anotehr state. Even if I had a Florida non-resident license, I would not be able to use it to exempt me in Florida.

[3dfxMM]

I thought the federal law only applied to elementary and secondary schools, not colleges/universities.

[hirundo82]

{TEX}Hawaii 99, the most relevant sections of the Texas Penal Code to review would be Chapter 46 (Weapons), particularly Sections 46.03 (Places weapons prohibited) and 46.035 (Unlawful carrying of handgun by license holder), and Section 30.06 (Trespass by holder of license to carry concealed handgun).

I thought the federal law only applied to elementary and secondary schools, not colleges/universities.

That is correct; in 18 USC Chapter 44 (Firearms), school is defined as:

18 USC § 921. Definitions
(a) As used in this chapter—
(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

The relevant section for the Gun-Free School Zones Act is 18 USC § 922(q); I have never heard of it being used to prosecute someone carrying on an out-of-state license.

[Keith B]

The relevant section for the Gun-Free School Zones Act is 18 USC § 922(q); I have never heard of it being used to prosecute someone carrying on an out-of-state license.

Probably because no one has been discovered, much less arrested for carrying on school property with an out of state license. However, it is still a violation of the law if you do so.