Six Flags Fiesta Texas

[stevie_d_64]

"...but if you just happen to pass by a bomb sniffing dog that locks on to you you're going to have a lot of explaining to do."

Why would you think that???

Of course, I live in Harris county with a liberal DA. ymmv

Chuck's gone...A temp is in his place, and the two left pining for that job (in November) are certainly not friendly to us and our RKBA...

[barres]

You can legally carry with a CHL unless:

Its is 30.06 Posted. (Signage, written or oral notification) there are places that a 30.06 sign is not valid though.
It is Fedrally owned or controlled
Inside secured part of a jail or prison.
Into Court (don't remember if it has to be posted though, most are)
secured area of an airport.
Inside of a school building..
a professional sporting event
An organized school activity (Football game pep rally etc.)
Near the Huntsville prison on a day they are going to execute someone.
At a Bar. where 50% of the income is consumed alcoholic beverage.

Add:
Pari-mutuel betting - ie Horse or Dog tracks where betting/wagering takes place.

Thanks I knew I probably missed something, but I think we pretty much summed it up.

One small technicality that doesn't change much. Bars are defined as places that derive 51% of their income from the on-site consumption of alcohol, not 50%.

I am very disappointed to hear that 30.06 signs are posted at the parking lot toll booths, as I had figured on securing my pistol in the car, since I figured the park was posted like Six Flags Over Texas. I guess now I'll have to unload and secure it before I get to their parking lot or leave it at the hotel (yeah right!).

Thank you folks for your wealth of information, once again. If any of you visit the park between now and July, please let me know if anything changes.

[Penn]

You can legally carry with a CHL unless:

Its is 30.06 Posted. (Signage, written or oral notification) there are places that a 30.06 sign is not valid though.
It is Fedrally owned or controlled
Inside secured part of a jail or prison.
Into Court (don't remember if it has to be posted though, most are)
secured area of an airport.
Inside of a school building..
a professional sporting event
An organized school activity (Football game pep rally etc.)
Near the Huntsville prison on a day they are going to execute someone.
At a Bar. where 50% of the income is consumed alcoholic beverage.

Add:
Pari-mutuel betting - ie Horse or Dog tracks where betting/wagering takes place.

Thanks I knew I probably missed something, but I think we pretty much summed it up.

One small technicality that doesn't change much. Bars are defined as places that derive 51% of their income from the on-site consumption of alcohol, not 50%.

I am very disappointed to hear that 30.06 signs are posted at the parking lot toll booths, as I had figured on securing my pistol in the car, since I figured the park was posted like Six Flags Over Texas. I guess now I'll have to unload and secure it before I get to their parking lot or leave it at the hotel (yeah right!).

Thank you folks for your wealth of information, once again. If any of you visit the park between now and July, please let me know if anything changes.

Just carry in the vehicle based on the travel law and not the CHL. 30.06 would not apply (in my opinion - especially if someone without a CHL was driving)

[mr.72]

Now that's an interesting point, about whether the law clarification about "traveling" allows you to carry in your car, even when your car is on someone else's property where they have posted 30.06 in the parking area. I would be very interested in a discussion of this, perhaps under a different topic.

However, in the case of Fiesta Texas, 46.035 applies:

(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.

So it looks like you can drive in through the booths with the 30.06 sign and leave the gun in the car after you park.

I wonder what the value in the distinction of an "Amusement park" is anyway, since it seems that any private business can put up a 30.06 sign and keep CHL holders out.

[Mike1951]

This was one of those 'concessions' necessary to get the original law passed.

The definition was strictly written to include Astroworld, Six Flags, and Sea World.

Initially, there was no signage required to restrict carry in these parks, or hospitals, or churches.

The application of 30.06 came later.

[cita]

I know that this post is old but found it very interesting. I am a security officer at six flags, and recently encountered a gentleman who attempted to come into the park with his concealed handgun. He was not a Leo...Upon finding the weapon on him...that he attempted to get through the metal detector with..he was kindly escorted out of the park by a Leo, and the Leo was nice because they could of arrested him because he had already entered the park, I found the weapon after using the Garrett wand on him. The signs are posted everywhere. I am a com. officer...ex military...and have a CHL as well. I wish I could carry everywhere as well considering all the lunatics out there, but unfortunately there are people out there who ruin it for the rest of us responsible gun owners. You can though leave your weapon in the car in the parking lot...but take the chance of some punk kid breaking into your car and getting their hands on it.

[KBCraig]

I am a security officer at six flags...
You can though leave your weapon in the car in the parking lot...but take the chance of some punk kid breaking into your car and getting their hands on it.

Maybe if you focused on punk kids breaking into cars, instead of wanding CHLs...

Sorry, just had to bust your chops a little. It's not your fault, it's Six Flags management's decision to focus on the wrong things.

Oh, and welcome to the forum!

[cita]

That was cute! Thank-you for the welcome. I will give your recommendation to the parking lot supervisor Nice meeting you.

[Jesse1911]

It's classified as an amusement park, which by law you would not be able to carry there.

Only if posted with a valid 30.06 notice.

Ok, so...where else can we legally carry if no 30.06 or 51% alcohol is posted? If the 30.06 was modified, where can I find that new info? At first I was with the impression that an ammusment parks was one of those "no 30.06 sign needed" places like a school. Also, lets assume that the park did not have a 30.06 posted, but then you are being "notified" verbally to leave by some one who "appears" to have authority from the owner, I would assume that we have to leave, right? Thanks for the clarification.

[Sangiovese]

Ok, so...where else can we legally carry if no 30.06 or 51% alcohol is posted? If the 30.06 was modified, where can I find that new info? At first I was with the impression that an ammusment parks was one of those "no 30.06 sign needed" places like a school. Also, lets assume that the park did not have a 30.06 posted, but then you are being "notified" verbally to leave by some one who "appears" to have authority from the owner, I would assume that we have to leave, right? Thanks for the clarification.

Here is the applicable statute. The sections that require a 30.06 notice even though they are listed are colored green. The justification for them not being off limits if they don't post 3006 is below that, 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.

[Sangiovese]

In addition to the section posted above (which is the part that answers the question asked), the following places are also off limits due to statute, and do not require any posting.


§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person
commits an offense if the person intentionally, knowingly, or
recklessly possesses or goes with a firearm, illegal knife, club,
or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.


46.03 continues on with some definitions and exceptions, but I don't think they are particularly important to this conversation... I just wanted to include the other places that are off limits by Texas law. Note that there are also some federal prohibitions that are not covered under Texas law but do apply.