Search found 5 matches

by Charles L. Cotton
Wed Jul 06, 2011 4:09 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 80504

Re: "Off Limits" locations for CHL's

RottenApple wrote:
Keith B wrote:No law violation as there is not a statute against a CHL carrying on school grounds, but could be fired. The new law only allows the school to be exempt from having to allow firearms locked in vehicles by employees, but doesn't make it illegal to have them there.
Are you sure about that Keith? I was under the impression that if a company had a policy against employees carrying, even if the policy is not the 30.06 wording, that the employee could be arrested for criminal trespass as they had received effective notice.
DPS has a very misleading question on the CHL test on this issue. No one can be prosecuted for a violation of any law unless all of the elements of the crime are present. With TPC §30.06, this means "effective notice" that can be either verbal or written. If it's written, it must contain the exact language required by §30.06.

Schools can't use TPC §30.06 anyway, unless they are private schools.

Chas.
by Charles L. Cotton
Mon Jan 24, 2011 1:03 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 80504

Re: "Off Limits" locations for CHL's

Welcome to the TexasCHLforum.
Springbike wrote:I couldn't find the answer to my questions so...
1) With my CHL, can I lawfully carry at the Houston Livestock Show and Rodeo?
Not at the rodeo, or any event in which people compete for prize money. Other areas of the Livestock Show and rides are fine.
Springbike wrote:2) With my CHL, can I lawfully carry st the DMV?
Technically yes, but I do not carry in any annex that has a courtroom or court office in the building. That's overkill, but it's also the safe route.

Chas.
by Charles L. Cotton
Sun Feb 14, 2010 8:30 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 80504

Re: "Off Limits" locations for CHL's

Your instructor was wrong, as was the DPS attorney who stated a non-compliant 30.06 sign would support an arrest and conviction for criminal trespass by a license holder. His erroneous statement is not the official DPS position, as expressly stated by the DPS Captain who runs the CHL division.

It's too bad one class of instructors renewing their instructor certificate were given false information.

Chas.
by Charles L. Cotton
Sun Apr 29, 2007 1:13 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 80504

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.
by Charles L. Cotton
Sun Apr 29, 2007 1:11 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 80504

"Off Limits" locations for CHL's

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.

Return to “"Off Limits" locations for CHL's”