"Off Limits" locations for CHL's

[johnferg69]

I know I'm jumping in the middle of a debate here but I'm a newbie looking for some clarication on the Carry Laws.
I attended a CHL class yesterday and from what was taught I sorta wonder why me or anyone would bother getting a CHL. I was under the impression that with a CHL, besides the expressly stated exceptions, we could carry most places. A 'legally' posted 30.06 sign and a 51% being the main things to lookout for.
As per the Instructor, ANY sign posted stating no firearms, handguns or weapons must be adhered too. Non-compliant 30.06 signs, the gun-buster sign, etc. "Even if the the sign is wrote in crayon, don't risk it!".

Example; the question was asked about being able to go to the baggage claim at DFW and Love Field airports. These areas are outside the secured area, between the metal detector/check point and the entrance doors. Someone in the class said they now have sign posted "No Firearms" in the roadway between the parking and the buildings. The instructor said the best thing to do is leave your gun locked in your car. (Which seemed to be the theme of the class)

Has the CHL restrictions really become this restrictive?

[Master Chef]

I think PC 30.06 is very clear. On the other hand, I also think PC 46.03 and 46.035 are pretty clear, so I may not be the best person to ask, especially as I'm highly unlikely to be the one arresting you.

[seamusTX]

Welcome to the forum, johnferg69 and Master Chef.

As per the Instructor, ANY sign posted stating no firearms, handguns or weapons must be adhered too. Non-compliant 30.06 signs, the gun-buster sign, etc. "Even if the the sign is wrote in crayon, don't risk it!".

Example; the question was asked about being able to go to the baggage claim at DFW and Love Field airports. These areas are outside the secured area, between the metal detector/check point and the entrance doors. Someone in the class said they now have sign posted "No Firearms" in the roadway between the parking and the buildings....
Has the CHL restrictions really become this restrictive?

No.

The instructor is incorrect with respect to committing criminal trespass by carrying a concealed handgun with a CHL.

Unfortunately, a lawyer at DPS issued an opinion recently that backs him up. This topic has been discussed extensively in this forum: http://www.texaschlforum.com/viewtopic.php?f=7&t=31246" onclick="window.open(this.href);return false;

DFW has been problem for years. The management of the airport thinks they can prohibit carry by CHL holders. They are wrong. They know it. No one is ever arrested there for carrying legally.

They also seem to have forgotten that it is perfectly legal to bring an unloaded, cased firearm to baggage check-in and check it with TSA.

The same is true of the management of Houston Intercontinental (IAH).

We really need to know the law and exercise our rights fearlessly. Otherwise stick to martial arts and pepper spray.

- Jim

[Charles L. Cotton]

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.

[johnferg69]

So, basicly I just wasted time and money for me and my wife to attend a CHL class just to leave it locked in the car most of the time??

Sorry Mr. Cotton, we replied at the same time

[seamusTX]

So, basicly I just wasted time and money for me and my wife to attend a CHL class just to leave it locked in the car most of the time??

You did not.

The only places that I go where I can't legally carry are courthouses, polling places, and the University of Texas Medical Branch. (I choose not to go to bars, professional sporting events, etc., simply because I have no wish to do so.)

These hypothetical places where you can't carry for fear of a cop with X-ray eyes are bogeymen.

- Jim

[usmc8999]

don't know if I missed it, or not posted, but a friend of mine just completed Dallas PD academy and told me not required to show CHL when stopped by LEO?

[clbryant1981]

don't know if I missed it, or not posted, but a friend of mine just completed Dallas PD academy and told me not required to show CHL when stopped by LEO?

If you are not carrying you do not have to show CHL, but if they run your name it will show anyways that you have it, so why not present it from the beginning, just show it and inform them you're not carrying.

[dicion]

don't know if I missed it, or not posted, but a friend of mine just completed Dallas PD academy and told me not required to show CHL when stopped by LEO?

If you are not carrying you do not have to show CHL, but if they run your name it will show anyways that you have it, so why not present it from the beginning, just show it and inform them you're not carrying.

He could also be referring to the removed penalties for not showing it, even when carrying.
If they're teaching the officers at the academy that we plain just don't need to show it anymore, I'm fine with that.
Then there will be no huge uproar in 2012 when we get it 100% removed from the statutes!

[74novaman]

B"H
Good day y'all!
Are the Presidential Libraries in TX "off-limits' to CHL's?
G-d bless y'all!

Last time I visited the George Bush Library on the Texas A&M campus they had metal detectors at the front door, and I think had some kind of sign mentioning they were federal property.

[Dave2]

What about carrying at a 51% venue when they're not open for business? I still do occasional freelance audio gigs. At the end of the night I've usually gotta load out $40k worth of gear by myself, at 3am, usually in the backside of an already poorly-lit parking lot, and sometimes in a not-so-good part of town. I know I'd have to leave my gun in the car while the band is playing and the bar is open, but what about afterwards when they're closed for the night?

My CHL instructor didn't know the answer. The cop who was taking the class suggested that I call the DA, but I don't like being on anybody's radar if I can help it.

[Medic218]

Perhaps it's ok if you get a verbal "ok" to carry from the business owner or person running it that night..???....????
Guys?

[DrKyle1]

So I understand the 30.06 signs but what about the sign I saw today on all of the doors of the san Antonio city planning & development offices that stated no guns violative will be prosecuted for criminal trespassing?

[RPB]

So I understand the 30.06 signs but what about the sign I saw today on all of the doors of the San Antonio city planning & development offices that stated no guns violative will be prosecuted for criminal trespassing?

Not having seen the sign itself, it sounds like a 30.05 sign,
30.05 CRIMINAL TRESPASS
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.

A defense provided in 30.05, for CHLs


And concerning CHLs, had it actually been a 30.06 sign on city property ... you'd need to refer to Section 46.03 or 46.035 Penal Code..
http://www.statutes.legis.state.tx.us/d ... /PE.30.htm" onclick="window.open(this.href);return false;
30.06 TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN:
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.


per Local Government Code 229.001 http://www.statutes.legis.state.tx.us/D ... tm#229.001" onclick="window.open(this.href);return false;
Sec. 229.001. FIREARMS; EXPLOSIVES.
(a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.

(b) Subsection (a) does not affect the authority a municipality has under another law to: ...
(you can read 1-5 at link provided)
...(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or other governmental body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or professional athletic event.

(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.

In other words, that sign is notice to non-CHLs, who the city can regulate, to not carry there else they'll be charged with 30.05 criminal trespass

[Pyrat]

Thanks Charles, that's a handy list to have, nice and concise.