TexasCHLforum.com

sugar land dave wrote:I am not trying to argue with anyone here. I consider CHL holders to be honest and largely competent people. I do find curiosities in some things such as the DPS website. It really is not a very large site if you remove the chl status database section, therefor I find it unusual that an AG opinion from so very long ago is prominent on their site. In many ways the opinion was quite nebulous, allowing quite a bit of latitude for government.

I also think most of us are old enough to realize that some laws can be enforced differently in different areas of the state. Differences in LEO's, DA's, and Judges provide opportunity for that statement to be so.

I come to this forum to explore new ideas as well as the tried and true. I would welcome the thoughts of one of the lawyers, but recognize that even then it would be an opinion. I believe that is one of the reasons they "try" cases.

Regarding Houston area parks, I do not know the specific parks, but expect that the larger ones would fall under the Corp of Engineers. I also suspect such areas would be near designated watershed regions of the counties.

kjolly wrote:don't make a stand on your rights. Individual officers may not understand your rights and if you seem obstructive they can make it difficult for you. also under 30.06 a verbal notice is all that is needed.

rm9792 wrote:

kjolly wrote:don't make a stand on your rights. Individual officers may not understand your rights and if you seem obstructive they can make it difficult for you. also under 30.06 a verbal notice is all that is needed.

If it is city property then verbal notice is not valid either.

G.A. Heath wrote:

speedsix wrote:

G.A. Heath wrote:You say that its a public park so I assume that it is either owned or leased by a city, county, or some other political subdivision of the state of Texas. If this is the case then unless a very few/rare conditions exists then you can carry. The conditions to ban legal concealed carry in a public owned park are rare but could be caused by school activities, a professional sporting event, being leased out for an event that will generate 51% of its revenue from the sale of alcohol for on premises consumption, and so on.

...can you back this up with law for me??? I live about 2 blocks from a County-owned park/walking trail...it is not 30.06 posted but there is a sign prohibiting firearms...I know city parks can't ban us but haven't found in the law that a county can't...a friend was there walking at around 11 a.m. and saw one coyote and heard another behind it drooling at his dog...all he had was a short stick...

Texas Penal Code 30.05(f) states that if entry with a handgun is forbidden and the actor has a valid CHL then the licensee has a defense to prosecution, so in essence TPC 30.05 does not apply in this situation. Texas Penal Code 30.06(e) states that it is an exception to the application of TPC30.06 if the property that is posted (by valid sign, written notice, or verbal notice) belongs to, or is leased by, a government entity unless that property is forbidden under TPC 46.03 or 46.035.

In essence TPC30.05 does not apply to CHLs when it comes to banning entry with a concealed handgun, 30.06 is required for that. TPC30.06 does not apply on government property unless it is off limits by law already.

G.A. Heath wrote:You say that its a public park so I assume that it is either owned or leased by a city, county, or some other political subdivision of the state of Texas. If this is the case then unless a very few/rare conditions exists then you can carry. The conditions to ban legal concealed carry in a public owned park are rare but could be caused by school activities, a professional sporting event, being leased out for an event that will generate 51% of its revenue from the sale of alcohol for on premises consumption, and so on.