Church Carry -- Question from Renewal Class

[wrightcrew]

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!

[E.Marquez]

(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)
(2)
(3)
(4)
(5)

(6) on the premises of a church, synagogue, or other
established place of religious worship.


(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.

IANAL, However, I can see no way to misinterpret what is clearly written in the statute.
No notice by way of 30.06 , not prohibited.

[jester]

If you substitute "bar" for "church" and "51%" for "30.06" he would have been right a few years ago, but even that's now a defense to prosecution if they don't post.

[Beiruty]

find a new CHL instructor. No 30.06 you can carry. Same in Hospitals. I carry at Mosques, I haven't seen anyone posted yet.

[Crossfire]

I think your instructor is misinformed.

What part of "does not apply" is so hard to understand?

[Charles L. Cotton]

As others have said, your instructor is wrong, not only about churches being off-limits without a 30.06 sign, but also in claiming that churches have a duty to post 30.06 signs.

Chas.

[longtooth]

I will be the Caboose.
All of the above is true.
Churches require 30-06.


BTW - ours does not have one.

[The Annoyed Man]

It sounds to me like your renewal instructor's personal feeling is that one should not carry in church, so he tries to influence his students in that direction. Be assured that a number of us not only carry in church, we carry on stage and in the pulpit.

[wrightcrew]

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.

[JNMAR]

The man I work for is a preacher and a CHL holder and carries in churches he visits and speaks at. We were having a conversation the other day and he commented that if a person wasn't going to carry any place else he ought to at church at least. He then quoted some statistics about how many incidents occur nationwide at churches and church related events. I don't recall his references for the information but the numbers were both impressive and convincing.

[longtooth]

It sounds to me like your renewal instructor's personal feeling is that one should not carry in church, so he tries to influence his students in that direction. Be assured that a number of us not only carry in church, we carry on stage and in the pulpit.

Thank you friend, I resemble that remark.

[Pawpaw]

IANAL but as I understand it, the only alternative to a church posting would be if they gave written notice... like in the church bulletin.

I've never seen that, but it's a possibility.

[longtooth]

I have heard of it but neve seen it.
I am sure thate is one somewhere that does.

[RPB]

No notice by way of 30.06 , not prohibited.

Our Deacons/Pastors at various Texas churches often show each other their new carry guns in the Sanctuary or Kitchen before or after church. We won't be posting signs.
I haven't been to any church of the denomination I am a member of where at least a Deacon and usually most Deacons and often the Pastor were not armed. They have a duty to protect the Flock, as we do as our brother's keeper.
Won't mention denomination, but starts with a Bap and ends with tist.

[longtooth]

I need to preach a revival for you guys.