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by txinvestigator
Fri Jan 04, 2008 2:51 pm
Forum: General Texas CHL Discussion
Topic: Prison grounds?
Replies: 61
Views: 9053

Re: Prison grounds?

RE: The Texas Administrative Code;

This code is written as policies, rules and regulations for various agencies witin the state. Only policies authorized by other law can be created, and they hold the weight of law.
by txinvestigator
Sun Dec 23, 2007 1:58 pm
Forum: General Texas CHL Discussion
Topic: Prison grounds?
Replies: 61
Views: 9053

Re: Prison grounds?

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.
by txinvestigator
Sat Mar 10, 2007 10:41 am
Forum: General Texas CHL Discussion
Topic: Prison grounds?
Replies: 61
Views: 9053

Re: Legal to carry on prison 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?

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