"Off Limits" locations for CHL's

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seamusTX
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Re: "Off Limits" locations for CHL's

#16

Post by seamusTX » Wed Jan 16, 2008 1:12 pm

Public and private colleges and university buildings and sponsored activities are off-limits unless you have permission or are using a weapon in a school-sponsored activity. (Some schools have rifle, pistol, and shotgun teams.)

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Re: "Off Limits" locations for CHL's

#17

Post by Kalrog » Wed Jan 16, 2008 1:29 pm

The Annoyed Man wrote:Does "schools" include colleges and universities
Yes
The Annoyed Man wrote:is there any differentiation for public and/or land grant universities versus private universities?
No

All schools everywhere in Texas are off limits unless you have written permission. But "school" is never defined.


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Re: "Off Limits" locations for CHL's

#18

Post by LarryH » Wed Jan 16, 2008 1:37 pm

Penal Code 46.03 refers to "the physical premises of a school or educational institution". It does not differentiate between primary, secondary, college, public, private or land grant institutions.

[I would have quoted the entire paragraph, but couldn't cut and paste from a PDF into the forum.

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The Annoyed Man
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Re: "Off Limits" locations for CHL's

#19

Post by The Annoyed Man » Wed Jan 16, 2008 5:12 pm

Thanks everybody for that clarification.
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Re: "Off Limits" locations for CHL's

#20

Post by mikeloc » Fri Jan 18, 2008 12:41 am

I've been a little dense trying to understand the hospital posting stating that it is unlawful to carry a handgun. Finally I realized they must post under GC411.204 section (c) Page 28 of the 2007-2008 Tx CHL Laws LS-16. So the signs stating it is unlawful to carry are not the old law or old signage. They are required to post these signs, but its okay to carry unless we've been given effective notice under 30.06 as stated on page 41 PC46.035 (i). All we need is a little more double talk from the law books.
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Re: "Off Limits" locations for CHL's

#21

Post by sweetsingingangel » Sat Feb 16, 2008 12:23 am

Question, I'm a teacher and I know that we aren't allowed to carry in the school itself, but would I be able to keep the weapon locked in my car? Just wondering. I don't have my license yet and not sure how I will carry, but if it was in my purse and I forgot it was there for some unknown reason I want to make sure I am not going against the rules/law.

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Re: "Off Limits" locations for CHL's

#22

Post by Crossfire » Sat Feb 16, 2008 12:25 am

School parking lots are NOT part of the premises of the school.

You CAN keep your handgun locked in your car on the school parking lot.
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Re: "Off Limits" locations for CHL's

#23

Post by Kalrog » Sat Feb 16, 2008 2:58 am

sweetsingingangel wrote:Question, I'm a teacher and I know that we aren't allowed to carry in the school itself, but would I be able to keep the weapon locked in my car? Just wondering. I don't have my license yet and not sure how I will carry, but if it was in my purse and I forgot it was there for some unknown reason I want to make sure I am not going against the rules/law.
Even if you don't have your CHL, Texas has no problem with you having a handgun in your car. The Feds however, still have a problem with it legally - although nobody ever really enforces that 1000 foot school gun free zone thing unless using it as an add on charge.


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Re: "Off Limits" locations for CHL's

#24

Post by dustyb » Sat Feb 16, 2008 11:35 pm

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)

I have never stepped it off, but I am pretty sure there are businesses and private residences within 1000 feet of the Walls. How are they affected? There are several gas stations and restaurants on 11th Street that have to be within 1000 feet.

Does the "premises" definition apply here? If street, sidewalks, parking lots, etc., are not prohibited, how is this any different from any other day? Since the place of execution is a prison, CHL's are already prohibited from the premises.

I would bet the "place of execution on the day of an execution" phrase was added after the New Black Panther Party marched in the streets with their rifles and shotguns during the Gary Graham execution. Does anyone know if the 1000 feet applies to longarms?

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seamusTX
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Re: "Off Limits" locations for CHL's

#25

Post by seamusTX » Sun Feb 17, 2008 9:07 am

This part of the law is pretty clear. It says "within 1,000 feet" and does not refer to the "premises" definition of 46.035. It says "firearm," so long arms and handguns are prohibited. It also requires "notice." What form must that take? A sign at the site? A notice in the newspaper? I don't know that it has ever been defined or tested.

As a general principle of law, your home is your castle, and a law like this could not be used to prohibit having a weapon in your home. While it technically prohibits CHL holders from carrying within that 1,000-ft. radius, someone going about his business offers no cause to be stopped or searched.

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dustyb
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Re: "Off Limits" locations for CHL's

#26

Post by dustyb » Sun Feb 17, 2008 7:13 pm

So what does the 1000 feet apply to? You're not prohibited from concealed carry on private property, streets, sidewalks, parking lots etc., all you are basically prohibited from carrying on is the Prison premises, which is already prohibited. It seems to me like the "1000 feet" rule is unneeded.

My thinking is that it basically applies to longarms, and that they are prohibited on the streets, sidewalks, etc., since they are not covered under CHL.

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seamusTX
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Re: "Off Limits" locations for CHL's

#27

Post by seamusTX » Sun Feb 17, 2008 7:25 pm

I'm saying that this part of the law does not exempt streets and sidewalks per PC 46.035. I think it is intended to ban displays of arms withing 1,000 feet of the place of execution.

- Jim


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Re: "Off Limits" locations for CHL's

#28

Post by dustyb » Sun Feb 17, 2008 7:35 pm

seamusTX wrote:I'm saying that this part of the law does not exempt streets and sidewalks per PC 46.035. I think it is intended to ban displays of arms withing 1,000 feet of the place of execution.

- Jim
Sorry Jim,

I misread your last post.

I was thinking the same thing about the display of arms.

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Familyman1993
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Re: "Off Limits" locations for CHL's

#29

Post by Familyman1993 » Wed Mar 12, 2008 5:04 pm

May want to STICKY a copy of this over in the General CHL section too. I tend to see a lot of "Where can I carry" questions in that section as well. Just a suggestion.
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Re: "Off Limits" locations for CHL's

#30

Post by CleverNickname » Wed Mar 12, 2008 7:41 pm

LarryH wrote:[I would have quoted the entire paragraph, but couldn't cut and paste from a PDF into the forum.
Look in the Penal Code here, it's a lot easier to read than the poor quality scanned .PDF on the DPS web site.

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