Is The Texas State Railroad an Amusement Park?

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tbryanh
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Is The Texas State Railroad an Amusement Park?

#1

Post by tbryanh »

From their website:

"The Texas State Railroad offers rides with something for everyone! Holidays rides for the kids includes an Easter Egg Express, Pumpkin Patch Ride and our popular THE POLAR EXPRESS™ Train Ride. Our dinner or brunch trains let our guests savor a delicious meal served with a moving view. A new dining option this year, the Pullman Table, features gold standard rail service and farm-to-table menus that highlight local agriculture and wines. So climb aboard, your ride is ready!"

Is The Texas State Railroad an Amusement Park meaning that concealed carry is banned even if no 30.06 signs are posted?
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rtschl
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Re: Is The Texas State Railroad an Amusement Park?

#2

Post by rtschl »

Amusement parks are not off limits unless posted. Then they are still a Class A not a Class C violation.
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ScottDLS
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Re: Is The Texas State Railroad an Amusement Park?

#3

Post by ScottDLS »

tbryanh wrote:From their website:

"The Texas State Railroad offers rides with something for everyone! Holidays rides for the kids includes an Easter Egg Express, Pumpkin Patch Ride and our popular THE POLAR EXPRESS™ Train Ride. Our dinner or brunch trains let our guests savor a delicious meal served with a moving view. A new dining option this year, the Pullman Table, features gold standard rail service and farm-to-table menus that highlight local agriculture and wines. So climb aboard, your ride is ready!"

Is The Texas State Railroad an Amusement Park meaning that concealed carry is banned even if no 30.06 signs are posted?
Carry would only be banned if they DID post 30.06 and if the railroad met the TX PC 46.035 definition of "amusement park"...
(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.
I doubt the Railroad meets these, and if they did they would still have to post. But the Dallas Zoo is an amusement park per the Texas AG....so I guess anything is possible.
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Jusme
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Re: Is The Texas State Railroad an Amusement Park?

#4

Post by Jusme »

It' not in a county with 1 million residents.
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tbryanh
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Re: Is The Texas State Railroad an Amusement Park?

#5

Post by tbryanh »

So is it only courthouses and jails where carry is prohibited without a 30.06 sign required?

I need to find the actual law probably.

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Re: Is The Texas State Railroad an Amusement Park?

#6

Post by casp625 »

tbryanh wrote:So is it only courthouses and jails where carry is prohibited without a 30.06 sign required?

I need to find the actual law probably.
Look at Texas PC 46.03 and 46.035 for a full list.
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Re: Is The Texas State Railroad an Amusement Park?

#7

Post by joe817 »

My answer: No. The Texas State Railroad is NOT an amusement park. What land do they own, save for the railroad's right of way? It's a pleasure tour on a narrow gage line that runs 25 miles.

https://en.wikipedia.org/wiki/Texas_State_Railroad

https://www.texasstaterr.com/

I'd have NO problem carrying concealed. Plus it'd be a fun ride. ;-)
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AJSully421
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Re: Is The Texas State Railroad an Amusement Park?

#8

Post by AJSully421 »

The entire length of the railroad is not fenced in with controlled access points. That alone disqualifies them as an amusement park. Even if they were, they would have to post.

I am sick and tired of these morons who know nothing but that they don't like guns trying to screw with those of us who are basically "certified good guys".

I'm done with this crap, concealed means concealed. Laws that prohibit the carrying of arms only make criminals and terrorists safe, not you or your family.

You can legally carry at this place. Just conceal and keep quiet.
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Re: Is The Texas State Railroad an Amusement Park?

#9

Post by Scott Farkus »

I don't see that anybody is alleging that the Texas State Railroad has posted 30.06/30.07. The OP was just asking if it was considered an amusement park and thus statutorily off-limits (which it wouldn't be in any event but that's a common misconception because of the way the statutes have been amended over the years).

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Re: Is The Texas State Railroad an Amusement Park?

#10

Post by MeMelYup »

The Texas State Railroad is state owners and managed by a private company
https://www.texasstaterr.com/about/
"The state’s parks and wildlife department successfully ran the railroad until the management was privatized with a contract with American Heritage Railways in September of 2007. In August of 2012 American Heritage Railways sold the Texas State Railroad to Iowa Pacific Holdings. In addition to continuing passenger operations, Iowa Pacific Holdings opened the track to the main line in Palestine on November 1, 2012 to begin offering freight services."

I think they are wrong on the railroad being sold in 2012. I think it was the contract for operating the RR.

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Re: Is The Texas State Railroad an Amusement Park?

#11

Post by XDgal »

The Texas State railroad, while operated by a private company, is still owned by the State of Texas. It spans two counties, Anderson and Cherokee, I think both together don't total a million people. As stated above, it is not fenced and does not have security guards. All of which keeps them from prohibiting carry. By the way, it is standard gauge and connects to the Union Pacific rail system in Palestine. It is a great ride, I recommend it highly.
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Re: Is The Texas State Railroad an Amusement Park?

#12

Post by Soccerdad1995 »

ScottDLS wrote:I doubt the Railroad meets these, and if they did they would still have to post. But the Dallas Zoo is an amusement park per the Texas AG....so I guess anything is possible.
There is no zoo in Dallas. Dallas has not had a zoo for a little while now. It's kind of embarrassing given the size of the city, but it is what it is.

There is a small and very mediocre amusement park in the Dallas area that uses the word "zoo" in it's name, but there is no zoo.
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Re: Is The Texas State Railroad an Amusement Park?

#13

Post by Keith B »

AJSully421 wrote:The entire length of the railroad is not fenced in with controlled access points. That alone disqualifies them as an amusement park. Even if they were, they would have to post.

I am sick and tired of these morons who know nothing but that they don't like guns trying to screw with those of us who are basically "certified good guys".

I'm done with this crap, concealed means concealed. Laws that prohibit the carrying of arms only make criminals and terrorists safe, not you or your family.

You can legally carry at this place. Just conceal and keep quiet.
Who said they were trying to prohibit carry? No one. The question was only asked if they would meet the qualifications of being an amusment park.

You need to chill and not get your knickers in a knot so easily.
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thetexan
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Re: Is The Texas State Railroad an Amusement Park?

#14

Post by thetexan »

The premise of your question is flawed.

Amusement parks are not banned UNLESS and ONLY if they provide .06/.07 notification. So it doesn't matter whether the Railroad is or is not considered an amusement park. Unless it is one of the 13 statutorily prohibited places then it is part of the "rest of the Texas universe" that must provide notification under .06/.07. And some of THOSE places are prohibited from making notifications, such as governmental entity owned property (that isn't otherwise statutorily prohibited such as certain courthouses or court utilized rooms or buildings). Read 46.035b5 and i carefully.

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