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by ScottDLS
Thu Jun 02, 2016 3:50 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Weird "NO FIREARMS" sign at Bratonia Park, Princeton
Replies: 16
Views: 4447

Re: Weird "NO FIREARMS" sign at Bratonia Park, Princeton

Solaris wrote:
ScottDLS wrote: If state/local put up the signs it would violate state preemption of firearms laws, so they could not make it a criminal offense.
No it would not violate that, as the law specifically allows it. Google-Fu FTW once again.

Sec. 229.001. FIREARMS; AIR GUNS; KNIVES; EXPLOSIVES. (a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:
(1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies; or
(2) the discharge of a firearm or air gun at a sport shooting range.
(b) Subsection (a) does not affect the authority a municipality has under another law to:
...
(6) regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;


So as I wrote, unless you are one of the exceptions, the sign is enforceable.
Yes. I see you are correct, although interestingly if you have a LTC, they couldn't prevent you from carrying an air gun or other firearm including a long gun....that is all assuming this wasn't ACOE land, which it is.
by ScottDLS
Thu Jun 02, 2016 2:43 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Weird "NO FIREARMS" sign at Bratonia Park, Princeton
Replies: 16
Views: 4447

Re: Weird "NO FIREARMS" sign at Bratonia Park, Princeton

Solaris wrote:
Vol Texan wrote:
Solaris wrote:
nitrogen wrote:Saw this sign over by the drone/RC area at Bratonia Park in Princeton:

I was open carrying at the time, and just put my stuff in my backpack "just in case."

I dont see any reason why this sign is legit, or would apply to a CHL or other license to carry, but due to the proximity to Lake Lavon, I figure i'd ask, in case it was some kind of weird edge case I dont know abut.
Why would it not be legit? Property owners can ban guns if they want - alcohol and fireworks too. Some exceptions might apply such as handguns by LTC or guns by LEOs, but in general it is a legit sign if you are not one of the exceptions.
Private property owners can, but Texas government (state, county, local, etc.) cannot, with few exceptions. Other than the idea that this is COE land, carry would be 100% legal there, irrespective of any sign they put up.

There are no laws that prevent federal, state, county, local, etc., from putting up that sign and it being 100% enforceable if you are not one of the exceptions I alluded to.
If state/local put up the signs it would violate state preemption of firearms laws, so they could not make it a criminal offense. It also arguably doesn't meet the requirements of 30.05 trespass law to bar your entry generally.

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