Who's for less Prohibited places?

[YellowTJ]

Texas Firearm Prohibited Places
1. Public or private schools, school sponsored activities, school vehicles, unless permitted in writing or by written regulations.
2. Premises of public polling place on day of voting or early voting.
3. Government court or court offices, unless permitted in writing or by written regulations.
4. At a racetrack (and possibly on racetrack parking lot).
5. In a secured area of an airport (except when in checked baggage).
6. Within 1,000 feet of place of execution if you have received notice it is prohibited (except while driving on public road or while at home or work).

Texas CHL Prohibited Places
1. On premises of 51% establishments.
2. On premises of high school, collegiate or professional sporting event.
3. On premises of a correctional facility.
4. On premises of hospital or nursing home, without proper authorization, if proper notice is given.
5. In an amusement park, if proper notice is given.
6. On premises of established place of worship, if proper notice is given, or you have received actual verbal notice.
7. At any meeting of a government entity, if proper notice is given.
(“Proper Notice” means the 30.06 sign)
(Premises does not include parking area)



So who's for less of these and which ones? Give reasons for which ones you'd like to see off this list

[CodeJockey]

Well, if it were up to me, there would be no prohibited places. I take my safety, and the safety of my family very seriously. I avoid places that are off-limits, so I don't see any need to have restrictions like those.

[YellowTJ]

I'm waiting for my plastic and while doing so I've been reading as much as possible, learning the laws and thinking of what ifs and what to dos. So this topic has come to mind so I'd like to see what others think. But here's my personal issue that I'd like to see off the list:

Pro Sporting events:

I live around Dallas in Plano and often take the DART to see the Stars. While I don't feel "unsafe" doing it I would choose those trips as a prime take my gun a long kinda trip. I'm actually leaning more to the take it always no matter the trip after being on here and other boards but that too gets me to this point. Anyway so lets say I have it and now have to leave it. Where is it left? In the car. Now this puts me in a bad spot I know that criminals that want guns can just look at the AAC schedule and then hit all the dart parking lots KNOWING 2 things... 1 there is a decent chance there are guns in the cars, maybe even a better chance than just a normal day, but he also knows... 2 I don't have my gun with my while approaching my car he's sitting in. Sure I could just drive down there but it's the exact same issue.

Now if I can take my gun a long with me to a concert at the AAC, what makes going to see the Stars so different? Yeah I can hear the oposistion saying... people's emotions are up at sporting events yada yada yada but really I don't think CHLers are the type to take sporting events to the extreme and start shooting the players or the others sitting near him. Yes they serve drinks there, is it more that 51%? If so I could see that point being the final ruling, but I don't think it is. If they don't make 51% then it's just like going to your local steak house, if your carrying your not drinking.

Other thoughts?

[FlynJay]

These are the ones that I support. I am a firm believer that private property owners should retain the right to prohibit the carring of weapons on their propety. I would also like to see a parking lot bill be passed where a private property owner can not prohibit you from storing a weapon in your car.

Texas Firearm Prohibited Places that apply to CHLs.
5. In a secured area of an airport (except when in checked baggage).

Texas CHL Prohibited Places

3. On premises of a correctional facility. (Within the secured areas; secure storage area shall be provided)
4. On premises of hospital or nursing home, without proper authorization, if proper notice is given.
5. In an amusement park, if proper notice is given.
6. On premises of established place of worship, if proper notice is given.

(“Proper Notice” as defigned by 30.06)
(Premises does not include parking area)

[seamusTX]

I would also like to see them all eliminated on principle, but let's talk about what would be politically feasible in the next legislative session.

The restrictions on sporting events were probably put into place on the theory that fans would get excited and take disagreements to a lethal level. Given that (a) Texas CHL holders have proven to be more law-abiding than the average citizen, particularly when it come to violent crimes, and (b) the states that do not have this kind of restriction do not have a problem with shootings in the stands, it is unnecessary.

Pretty much the same goes for bars. Since it's an offense to be intoxicated while carrying (and in public, whether carrying or not), there's no reason that a designated driver or someone stopping for a quick errand should not be able to carry in a bar.

This law is also problematic because of incorrect posting and vague definitions of premises.

It's ridiculous for it to be a felony.

The hospital restriction makes no sense. Why is a hospital different from any other public place. Many hospitals are in dodgy neighborhoods, so carrying there should be allowed.

The only restriction that makes sense is correctional facilities. They don't even let cops carry, so I see no chance of getting rid of that one.

Jim

[Purplehood]

-On premises of hospital or nursing home, without proper authorization, if proper notice is given.

I thought that a hospital was off-limits regardless of "proper notice"?

[KC5AV]

-On premises of hospital or nursing home, without proper authorization, if proper notice is given.

I thought that a hospital was off-limits regardless of "proper notice"?

They were, at one time. They have since changed the law to require that they be posted 30.06.

[bdickens]

I'm for no prohibited places.

[Texian]

I tried to post this a short while ago but it fell into a black hole.

PC 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 holdets 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 inten-
tionally, 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 is-
sued 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 deter-
mined by the Texas Alcoholic Beverage Commission under Section
104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or profes-
sional 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 li-
censed under Chapter 242, Health and Safety Code, unless the li-
cense 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 inten-
tionally, 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.
(9 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) "Ptemises" 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)(l) 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.
=====================================================
[double amendment to same provision]

=====================================================
(h-1) 7as added by ~ c t s 2007, 80th ~eg., R.s., HB 1889.1 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.
(h-I) *[as added by ~ c t s 2007, 80th ~eg., R.s.. HE 2300.1 It is a defense to
prosecution under Subsections (b)(l), (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 assis-
tant 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)(l) do not apply to a historical reenact-
ment performed in compliance with the rules of the Texas Alcoholic
Beverage Commission.

[SCone]

Either you're licensed to carry a gun or not. That should be the ONLY restriction.

[FlynJay]

Texian - I find alot of people don't understand that you have to read the entire provisions paying particular attention to the and's and or's.

[Purplehood]

I am really, really grateful that I am not a Lawyer. Those codes give me a severe headache just looking at them.

[Morgan]

I'm TOTALLY confused. The way I'm reading that, B4, B5, B6 and C all have to be properly posted 30.06, is that what I'm understanding? If that's the case, why are they even listed?

[Charles L. Cotton]

In my view, in order to statutorily exclude armed CHLs from a location, it must be shown that in spite of the excellent track record enjoyed by CHLs, even the smallest chance of an accidental or intentional shooting would have a catastrophic result. I can't think of such a location, other than perhaps ammo manufacturing plants and storage facilities or some similar facility.

We have to remember that CHLs are the most law-abiding segment of Texas citizens, more so even than LEOs. It makes no sense to exclude a CHL from any location, while allowing LEO's, judges (all of them including municipal judges and JPs), district attorneys, assistant district attorneys, county criminal attorneys, county attorneys, probation officers, community supervision and corrections department officers (different from probation officers), railroad COPs, and a couple of others to enter.

The fallacy of this policy is even more evident when we consider that, of all of the people listed above, only LEOs and parole officers/community supervision officers can carry without a CHL! If the status of "CHL" makes it appropriate for these people to be exempt from TPC §46.03 as well as TPC §46.02, then there is no rational basis not to extend this exemption to all CHLs. (Please note, I'm using "exempt" in the generic; TPC §46.15 "Not Applicable" provisions are in fact defenses.)

That's my story judge, and I'm sticking to it.
Chas.

[Keith B]

I'm TOTALLY confused. The way I'm reading that, B4, B5, B6 and C all have to be properly posted 30.06, is that what I'm understanding? If that's the case, why are they even listed?

The law used to be written that they were prohibited. When the law was changed, instead of rewording it, they just added sub-section (i) that added the 30.06 requirement.