"Off Limits" locations for CHL's

[Charles L. Cotton]

This is a list of locations that are statutorily off-limits to CHL's per Texas law. It does not include federal law. The list is divided into to categories; those that are off-limits whether or not a 30.06 sign is posted and those that are off-limits only if a 30.06 sign is posted. Please note that giving a verbal warning that no guns are allowed on the property is an alternative to posting a 30.06 sign.

All statutorily designated "off-limits" locations apply only to the "premises" as statutorily defined inTPC §46.035(f)(3) below, unless otherwise stated.

Off-limits to CHL's even if no 30.06 sign is posted:
School buildings - TPC §46.03(a)(1)
School grounds where a school sponsored activity is on-going - TPC §46.03(a)(1)
School bus, or other school passenger transportation vehicle. - TPC §46.03(a)(1)
Polling place on election day (including early voting) - TPC §46.03(a)(2)
Court or court office. - TPC §46.03(a)(3)
Race track (licensed for betting) - TPC §46.03(a)(4)
Airport secured area (past metal-detectors in terminal building) TPC §46.03(a)(5)
Within 1,000 feet of a place of execution on the day of an execution, but only if given notice (not a 30.06 notice). - TPC §46.03(a)(6)
51% locations ("bars") - businesses that derive 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption. TPC §46.035(b)(1)
Highschool, collegiate, interscholastic, or professional sporting events. TPC §46.035(b)(2).
Correctional facility - TPC §46.035(b)(3).

Off-limits to CHL's ONLY if a 30.06 sign is posted:
Note: The statutory requirement for a 30.06 sign or notice is not found in the individual Penal Code provisions cited after each location. The requirement is set forth in TPC §46.035(i).

Hospital or nursing home. TPC §46.035(b)(4).
Amusement park (as statutorily defined below). TPC §46.035(b)(5).
Church, synagogue or other established place of worship. TPC §46.035(b)(6).
Meetings of governmental entities. TPC §46.035(c).

Relevant statutory definitions from TPC §46.035(f):

(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.

(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.

[Charles L. Cotton]

If anyone knows of prohibitions in other areas of Texas law besides Chp. 46 of the Penal Code, please post it here.

I am not going to include any "off-limits" locations according to federal law.

Chas.

[Crossfire]

If anyone knows of prohibitions in other areas of Texas law besides Chp. 46 of the Penal Code, please post it here.

I am not going to include any "off-limits" locations according to federal law.

Chas.

What? We aren't going to discuss post offices?

[longtooth]

You are right Maam. We have already wore that one out & it is definately settled absolutely & completely.
Evevybody does what they think the federal law maybe might mean depending on the Post Master & Location.

[txinvestigator]

The only thing I would add is that 46.03 proscribes FIREARMS (not just handguns) illegal knives and clubs.

[jimlongley]

Polling place on election day (including early voting) - TPC §46.03(a)(2)

Thanks for the reminder, I have a stack of errands to do tomorrow, including swinging by the polling place, and I can't say that I wouldn't have disarmed, but the reminder is welcome.

[nitrogen]

EDITED TO CLARIFY
What's the significance of "portion of a building" in "building or portion of a building"?

I've always meant to ask: shouldn't that be meant to mean that if the city has a large building with a courtroom, you could carry in the building except in the courtroom?

The few times I have to deal with city buildings I don't rock the boat and just disarm, but I always wondered what this was supposed to mean.

[CoffeeAddict]

You can carry on public transportation (Metro), correct?

[seamusTX]

You can carry on public transportation (Metro), correct?

Correct. I don't recall the details, but they tried to ban CHLs and had to give up.

- Jim

[KC5AV]

Off-limits to CHL's ONLY if a 30.06 sign is posted:
Hospital or nursing home. TPC §46.035(b)(4).

The hospital where I work has an OLD sign on several of the doors. Something to the effect of State law prohibits the carrying of concealed handguns blah blah blah and ends up with a citation from Vernon's civil statutes. I believe it was probably the original prohibition of carrying concealed in a hospital. I understand the intent of the sign, but is it still valid?

[Liberty]

Off-limits to CHL's ONLY if a 30.06 sign is posted:
Hospital or nursing home. TPC §46.035(b)(4).

The hospital where I work has an OLD sign on several of the doors. Something to the effect of State law prohibits the carrying of concealed handguns blah blah blah and ends up with a citation from Vernon's civil statutes. I believe it was probably the original prohibition of carrying concealed in a hospital. I understand the intent of the sign, but is it still valid?

The intent of the sign is to inform you of what the law used to be.

[mikeloc]

Liberty wrote:

The intent of the sign is to inform you of what the law used to be.

That's not true. Ever since September 1, 1997 Hospital's have been required to post 30.06 signs and at that time they had to include the 5 1/2" Red Letter 51.

Only since about 2003 has the hospitals been posting a sign stating that it's illegal to carry a handgun even if you have a conceal permit (most hospitals today are posting this type of sign and it has me confused). I've seen at least one case they posted the code and it was not in conceal carry section of the code. If I can find the code posted again I'll send it to Charles Cotton. It is Texas Code not federal. If anyone can find the where Texas hospital code saids it's illgal to carry a handgun please post the info.

Thanks,

Mike Lochabay

[Liberty]

Liberty wrote:

The intent of the sign is to inform you of what the law used to be.

That's not true. Ever since September 1, 1997 Hospital's have been required to post 30.06 signs and at that time they had to include the 5 1/2" Red Letter 51.

Only since about 2003 has the hospitals been posting a sign stating that it's illegal to carry a handgun even if you have a conceal permit (most hospitals today are posting this type of sign and it has me confused). I've seen at least one case they posted the code and it was not in conceal carry section of the code. If I can find the code posted again I'll send it to Charles Cotton. It is Texas Code not federal. If anyone can find the where Texas hospital code saids it's illgal to carry a handgun please post the info.

Thanks,

Mike Lochabay

I'm not quite sure what you are talking about,however we are free to go into a hospital unless it is properly posted with a 30.06 any other wording is meaningless to CHL carry. If a sign has old wording it has no relevance today. other than as a historic reference.

[mikeloc]

What I mean is when the conceal carry law went into effect January 1, 1996 you could not carry in a hospital. The law was change to require the hospital to post the 30.06 sign to keep you from carring in the hospital starting September 1, 1997. The penal code in 1997 also required the hospital to post large number 51 on the sign to the hospital. I think it was 1991 or 2001 when they were not required to post the large 5 1/2" red letter sign (51).

The signs that are being posted in the hospitals are not a reflection of any old signs or history of how the hospitals could tell us we could not carry.

I consider the signs being discussed as rather new because they only started showing up about 2003.

Some of the signs have said that it is against state law to have a gun here even if you have a conceal carry permit. I do not know why they post this type of sign.

However, I have asked DPS legal department several times and they told me you could take the ride. If a 30.06 sign was not posted and you had not been given verbal notice you should not be convicted.

With that being said I would like to know that I could not be arrested for carrying in a hospital that does not post the 30.06 sign.

I would feel better if the hospitals would either post the 30.06 signs are if they post a no guns sign at least not say it's against state law to have a handgun on your person even if you have a license.

Mike Lochabay

[The Annoyed Man]

Does "schools" include colleges and universities, and if it does, is there any differentiation for public and/or land grant universities versus private universities?