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by wrightcrew
Wed Aug 11, 2010 7:41 am
Forum: General Texas CHL Discussion
Topic: Church Carry -- Question from Renewal Class
Replies: 48
Views: 6907

Re: Church Carry -- Question from Renewal Class

Again -- thanks for the responses. I corresponded with the instructor via email and asked for clarification. The response was as follows:

"I understand the confusion. This is why is stated that DPS wanted us to be sure as instructors to tell you that you are not to carry period into a church regardless if they have the signs posted or not. But then I also stated that the church and other attorneys interpret it as you did.

If they do not post the 30.06 sign then your not prohibited."


So, now I have two questions:

1. Do other instructors understand the same guidance from DPS -- "that DPS wanted us to be sure as instructors to tell you that you are not to carry period into a church regardless if they have the signs posted or not"?

2. If the answer to question #1 is yes, then why would DPS want instructors to tell students something that is clearly contrary to the written law?
by wrightcrew
Sun Aug 08, 2010 9:16 pm
Forum: General Texas CHL Discussion
Topic: Church Carry -- Question from Renewal Class
Replies: 48
Views: 6907

Re: Church Carry -- Question from Renewal Class

Thanks for all of your replies. Now that one of you mentioned it, the instructor did comment that the one place that a person should be able to feel safe without being armed is in church -- so I suspect you are right in the comment that the instructor is letting personal feelings cloud a clearly worded statute.

I have carried in church every Sunday since receiving my CHL years ago and will continue to do so. It disturbs me that MANY students are hearing this interpretation of the statute -- this instructor is one of the main instructors at a very busy Fort Worth gun shop. I'm going to try to stop by there this week and discuss it further -- hopefully I just misunderstood her.
by wrightcrew
Sun Aug 08, 2010 7:32 pm
Forum: General Texas CHL Discussion
Topic: Church Carry -- Question from Renewal Class
Replies: 48
Views: 6907

Church Carry -- Question from Renewal Class

I just attended my first renewal class yesterday. The instructor had a different interpretation on church carry than I had heard previously. (Yes, I did a search here to see if I could find discussion on it -- it probably exists on the board, but I could not find any posts that were consistent with this instructor's position.)

Anyway, the instructor stated (as I understood it) that Texas law prohibits carry in church. Period. The instructor said that the church is supposed to give notice in accordance with 30.06, and if they don't, then they are wrong by not posting. However, the instructor stated that carrying in church is prohibited whether or not the church is posted. The instructor pointed to 46.035(b)(6) as the statute that prohibits it. According to this instructor, 46.035(i) only says that the church is supposed to give notice.

As I read the statute, it seems to me that the "does not apply" clause in 46.035(i) means that 46.035(b)(6) does not apply if there is not a 30.06 posting at the church. That was also the interpretation of the instructor I had for my initial class.

This instructor stated that the only option available for legally carrying at church is to receive written permission from the pastor.

What do y'all think -- how do you interpret the statute? Thanks in advance!

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