TexasCHLforum.com

TSRA has a webpage that shows in a chart format where you can and can't carry. It seems to simplify things a bit.

milkcartonkid wrote:I am not sure why i am having such a hard time getting my head around this topic: It is clearly stated that it is a crime to carry a weapon to church with your CHL. Yet it is apparently done. Alot. So even though its printed as a No-No, unless there is a 30.06 its not prohibited?
apologies for my newbness but i just dont get it. Would someone please "black and white" this for me? Thanks in advance.

I had trouble with this one too, but I'll distill what I posted on the first page, near the top, for you (see the 3 sections highlighted in red, I've used the forum software to apply the list headings)...

• § 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
  1. A license holder commits an offense if the license holder ...intentionally fails to conceal the handgun.
  2. 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:
     1. ...on the premises of a business that ...derives 51 percent or more of its
        income from the sale or service of alcoholic beverages for on-premises consumption...
     2. ...on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place...
     3. ...on the premises of a correctional facility...
     4. ...on the premises of a hospital... nursing home...unless the license holder has written authorization of the hospital or nursing home administration, as appropriate...
     5. ...in an amusement park... or
     6. on the premises of a church, synagogue, or other established place of religious worship.
  3. A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun... ...at any meeting of a governmental entity.
  4. A license holder commits an offense if, while intoxicated, the license holder carries a handgun...
  5. A license holder who is licensed as a security officer... ...and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of...
  6. In this section:
     1. "Amusement park" means...
     2. "License holder" means...
     3. "Premises" means...
  7. An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor...
  8. It is a defense to prosecution under Subsection (a) that...
     Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214, § 2
     • (h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:
       1. (1) an active judicial officer, as defined by Section 411.201, Government Code; or
       2. (2) a bailiff designated by the active judicial officer and engaged in escorting the officer.
     Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222, § 5
     • (h-1) It is a defense to prosecution under Subsections
       (b)(1), (2), and (4)-(6), and (c) that at the time of the commission
       of the offense, the actor was:
       1. a judge or justice of a federal court;
       2. an active judicial officer, as defined by Section 411.201, Government Code; or
       3. a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.
  9. Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.
  10. Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.
  Added by Acts 1995, 74th Leg., ch. 229, § 4, eff. Sept. 1, 1995.
  Amended by Acts 1997, 75th Leg., ch. 165, § 10.04, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1261, § 26, 27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, § 14.833, eff. Sept. 1, 2001.
  
  Amended by:
  Acts 2005, 79th Leg., Ch. 976, § 3, eff. September 1, 2005.
  Acts 2007, 80th Leg., R.S., Ch. 1214, § 2, eff. June 15, 2007.
  Acts 2007, 80th Leg., R.S., Ch. 1222, § 5, eff. June 15, 2007.

So, Section (b)(6) says that church carry is illegal for CHLs, but then Section (i) says that (b)(6) does not apply if the CHL holder was not given effective notice under 30.06. Therefore, for church carry to be illegal for CHL holders, the church (or synagogue of place of worship) must have a 30.06 sign posted.

I hope that helps.

longhorn_92 wrote:BTW, how do you like your Kimber?.....

I love it. I carry it every day. Kimber really has this carry thing down. This little pistol is a lot easier to fire and a lot more accurate than you would expect from a diminutive 1911 shooting .45 ACP. I also own an H&K USP Compact in .40 cal, and although it is a great pistol, I haven't carried it since I bought the Kimber about 3 weeks ago.

Maybe I'll take the H&K out tomorrow so that it doesn't feel neglected. Poor thing. Bless its heart.

The smallest pistol I own is a Kimber Stainless Ultra Carry II. However, I did give my wife a 642 Airweight for Valentines day. Maybe she'll let me borrow that and carry it in an ankle holster on those days I'm playing. I hadn't thought of that.

DoubleJ wrote:

The Annoyed Man wrote:except when I'm on stage with the band. Then I just leave it in the car 'cause it's too much hassle.

Oi!

I suppose I should explain a little more? First, my guitar strap rides right across where my gun would normally be, so it would not work out well for me. Second, we use individual Aviom mixer boxes with ear pieces for each of the musicians, and before the rehearsals and services, I have a stage hand running a wire from the ear buds, down the inside back of my shirt, and out under my belt. There is no way that person would not see A) my pistol, and B) my magazine holders, and my CHL status would be blown. That's what I mean by too much hassle. So on those Sundays that I am playing with the band, I secure my weapon in the car before bringing my gear inside and setting up. If there were a simple and practical way for me to carry on stage, I would. On the Sundays that I don't play, I'm packin' in church.

My particular church has about 1200 members, so my guess is that there are probably at least a few other CHLs in the congregation.

Kimber Stainless Ultra Carry II, IWB on the left hip... ...except when I'm on stage with the band. Then I just leave it in the car 'cause it's too much hassle.

Yeah, I think you posted just before I did. Sorry. I didn't mean to beat a dead horse.

I don't know if this will help, but FlintKnapper posted this to me on another forum which was instructive, because I had misinterpreted the statute to bar CHL carry in churches (see the 3 sections highlighted in red)...

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(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:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship. (c) 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, at any meeting of a
governmental entity.
(d) A license holder commits an offense if, while
intoxicated, the license holder carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless
of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer
under Chapter 1702, Occupations Code, and employed as a security
officer commits an offense if, while in the course and scope of the
security officer's employment, the security officer violates a
provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or
outdoor facility or park where amusement rides are available for
use by the public that is located in a county with a population of
more than one million, encompasses at least 75 acres in surface
area, is enclosed with access only through controlled entries, is
open for operation more than 120 days in each calendar year, and has
security guards on the premises at all times. The term does not
include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
(2) "License holder" means a person licensed to carry
a handgun under Subchapter H, Chapter 411, Government Code.
(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.
(g) An offense under Subsection (a), (b), (c), (d), or (e)
is a Class A misdemeanor, unless the offense is committed under
Subsection (b)(1) or (b)(3), in which event the offense is a felony
of the third degree.
(h) It is a defense to prosecution under Subsection (a) that
the actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have been
justified in the use of deadly force under Chapter 9.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214,
§ 2

(h-1) It is a defense to prosecution under Subsections (b)
and (c) that the actor, at the time of the commission of the
offense, was:
(1) an active judicial officer, as defined by Section
411.201, Government Code; or
(2) a bailiff designated by the active judicial
officer and engaged in escorting the officer.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222,
§ 5

(h-1) It is a defense to prosecution under Subsections
(b)(1), (2), and (4)-(6), and (c) that at the time of the commission
of the offense, the actor was:
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section
411.201, Government Code; or
(3) a district attorney, assistant district attorney,
criminal district attorney, assistant criminal district attorney,
county attorney, or assistant county attorney.
(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.
(j) Subsections (a) and (b)(1) do not apply to a historical
reenactment performed in compliance with the rules of the Texas
Alcoholic Beverage Commission.

Added by Acts 1995, 74th Leg., ch. 229, § 4, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 10.04, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1261, § 26, 27, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1420, § 14.833, eff. Sept. 1,
2001.

Amended by:
Acts 2005, 79th Leg., Ch. 976, § 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1214, § 2, eff. June 15,
2007.
Acts 2007, 80th Leg., R.S., Ch. 1222, § 5, eff. June 15,
2007.