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Carrying at a sporting event

Posted: Wed May 30, 2012 11:57 pm
by lazlong
New to the site and fairly new to the CHL (2 years). No state law but, can I assume there would be a local ordinance against carrying at a major league sporting event? Specifically at a Rangers game. Could not find a single sign. No need to carry at the actual event but, there have been some shady characters in the further parking lots at times. Thanks for any answers.

Re: Carrying at a sporting event

Posted: Thu May 31, 2012 12:10 am
by G26ster
lazlong wrote:No state law but, can I assume there would be a local ordinance against carrying at a major league sporting event? Specifically at a Rangers game. No need to carry at the actual event but, there have been some shady characters in the further parking lots at times.
You need to read PC 46.035. There certainly is a state law at major league sporting events.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

(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) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

(3) on the premises of a correctional facility;

(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;

(5) in an amusement park; or

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

(c) 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, at any meeting of a governmental entity.

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.

(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.

(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.

(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.

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.



Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 2



(h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:

(1) an active judicial officer, as defined by Section 411.201, Government Code; or

(2) a bailiff designated by the active judicial officer and engaged in escorting the officer.

Re: Carrying at a sporting event

Posted: Thu May 31, 2012 12:25 am
by lazlong
Thank you. Finally downloaded the PDF to verify. Paper copy has a typo.

Re: Carrying at a sporting event

Posted: Thu May 31, 2012 6:50 am
by C-dub
lazlong wrote:Thank you. Finally downloaded the PDF to verify. Paper copy has a typo.
Your CHL handbook does not say this? I would definitely let DPS know that.

Re: Carrying at a sporting event

Posted: Thu May 31, 2012 8:40 am
by gdanaher
CHL-16 is correct as published on the web page.

Re: Carrying at a sporting event

Posted: Thu May 31, 2012 8:50 am
by jmra
This should also have been covered in your class. If not, find another instructor for your renewal.

Re: Carrying at a sporting event

Posted: Fri Jun 01, 2012 12:33 am
by jeffrw
This was actually on the test in my CHL class. "You are about to go into a Dallas Cowboys football game and realize you are carrying. What should you do?" The correct answer of course is to go back to your car and lock it up there. But one of the funnier wrong answers was "Check to make sure your gun is loaded." :smilelol5: :fire

Re: Carrying at a sporting event

Posted: Fri Jun 01, 2012 9:26 am
by Keith B
jeffrw wrote:This was actually on the test in my CHL class. "You are about to go into a Dallas Cowboys football game and realize you are carrying. What should you do?" The correct answer of course is to go back to your car and lock it up there. But one of the funnier wrong answers was "Check to make sure your gun is loaded." :smilelol5: :fire
Well, we have often debated if the Dallas Cowboys qualify as a professional sports team. :evil2:

Re: Carrying at a sporting event

Posted: Fri Jun 01, 2012 9:36 am
by 74novaman
Keith B wrote:
jeffrw wrote:This was actually on the test in my CHL class. "You are about to go into a Dallas Cowboys football game and realize you are carrying. What should you do?" The correct answer of course is to go back to your car and lock it up there. But one of the funnier wrong answers was "Check to make sure your gun is loaded." :smilelol5: :fire
Well, we have often debated if the Dallas Cowboys qualify as a professional sports team. :evil2:
"rlol" "rlol" "rlol"

Re: Carrying at a sporting event

Posted: Fri Jun 01, 2012 9:44 am
by varko
Keith B wrote:
jeffrw wrote:This was actually on the test in my CHL class. "You are about to go into a Dallas Cowboys football game and realize you are carrying. What should you do?" The correct answer of course is to go back to your car and lock it up there. But one of the funnier wrong answers was "Check to make sure your gun is loaded." :smilelol5: :fire
Well, we have often debated if the Dallas Cowboys qualify as a professional sports team. :evil2:
Nice.

Re: Carrying at a sporting event

Posted: Fri Jun 01, 2012 4:06 pm
by Kythas
To OP: Note that ANY event where the participants are paid to participate may be considered a professional sporting event, such as professional rodeo, professional bowling, cycling, golf, track and field, etc.

Including a shooting competition where the shooters have sponsors. Professional sporting event. The definition is pretty broad.

Re: Carrying at a sporting event

Posted: Fri Jun 01, 2012 8:18 pm
by texanron
Keith B wrote:
jeffrw wrote:This was actually on the test in my CHL class. "You are about to go into a Dallas Cowboys football game and realize you are carrying. What should you do?" The correct answer of course is to go back to your car and lock it up there. But one of the funnier wrong answers was "Check to make sure your gun is loaded." :smilelol5: :fire
Well, we have often debated if the Dallas Cowboys qualify as a professional sports team. :evil2:
:lol:

Re: Carrying at a sporting event

Posted: Sat Jun 02, 2012 12:22 am
by Jim88
To OP: Note that ANY event where the participants are paid to participate may be considered a professional sporting event
It's not limited to just professional sporting events. The law also applies to high school and college events. I'm sure there's much more that I'm forgetting about.

Re: Carrying at a sporting event

Posted: Thu Jun 07, 2012 5:01 pm
by speedsix
...still curious as to what typo OP is referring to in the paper copy of the CHL-16...