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by gthaustex
Thu Jun 05, 2014 1:25 pm
Forum: General Texas CHL Discussion
Topic: Chl in Church
Replies: 82
Views: 14641

Re: Chl in Church

Aileronguy wrote:From the TXDPS website under FAQ. You can't carry in a church. Anyone have anything different? Or is DPS wrong on the website?

On the premises of a business that derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption
On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place
On the premises of a correctional facility
On the premises of a hospital or nursing home (unless licensee has written authorization)
In an amusement park
On the premises of a church, synagogue, or other place of worship
At any meeting of a governmental entity
§46.02, Texas Penal Code and §46.03, Texas Penal Code also specifically prohibit handguns or weapons under other circumstances and from other locations other than those listed above. For example: It is against Texas law to carry a concealed handgun if the person has the handgun in plain view; or if the person is engaged in a criminal activity (other than a Class C traffic offense); or if prohibited from possessing a firearm, or is a member of a criminal street gang. Some other areas where weapons are prohibited include the premises of polling places on the day of an election or during early voting, the premises of any government court, the premises of a racetrack, in a secured area of an airport or within 1,000 feet of premises designated as a place of execution on the day a sentence of death is set to be imposed.

DPS cannot provide legal advice to CHL holders. For more information and exceptions, please see Texas Penal Code Chapter 46. You may also consider contacting the local law enforcement or the local County or District Attorney for more information about carrying a weapon in your area.

Section 46.035 (i) goes on to say:
(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, That means that hospitals, nursing homes, amusement parks, churches, etc. and governmental meetings must be posted 30.06 for it to be illegal to carry there. The Texas legislature stuck the exceptions at the end of the code, rather than striking them out. I have met LEOs who did not read far enough and thought the places above were illegal for CHL holders.

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