Seaworld Update

[Outbreaker]

I was there on 11/24/2010 and there was no more 30.06 signage anywhere. It was there last fall and in the spring.....but it is not there anymore. I looked at all signs at all the enterances. The only sign I saw was the generic gunbuster sign.

[RPB]

I didn't think it got THAT windy ... perhaps it blew away?

Interesting, thanks for the update.
Perhaps they don't want to go the way of AstroWorld (now closed) by turning away paying, law-abiding customers.

[camjr]

The last time I was there (admittedly, Summer 2009), the 30.06 signs were on the far edges of the entrance facility. Easily missed if you don't walk towards them, but posted nonetheless.

I hope they've seen the light.

[RHenriksen]

Hope I'm not turning up well-traveled ground, but I don't think Seaworld needs to be posted 30.06 to be off-limits to CHLs. By statute, Seaworld & Six Flags over Texas are off limits (not by name, but in legislative-speak).

PC §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:
...
(5) in an amusement park;

"(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."

[Pawpaw]

Hope I'm not turning up well-traveled ground, but I don't think Seaworld needs to be posted 30.06 to be off-limits to CHLs. By statute, Seaworld & Six Flags over Texas are off limits (not by name, but in legislative-speak).

PC §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:
...
(5) in an amusement park;

You stopped reading a bit too soon:

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.

[RHenriksen]

You stopped reading a bit too soon:

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.

Thank you! Learn something new every day. (i) looks like something that was tacked on in a subsequent legislative session... Anyone recall which year, assuming I'm correct? It's also interesting for me to learn that apparently I *can* carry at a government meeting (even city council meetings?) if the building or meeting room doesn't have a 30.06?

[Pawpaw]

Not just city council meetings. If I read the article correctly, we are to be allowed to carry into the galleries when the state House & Senate are in session next year.

Lots of hard work going on in the background to pull that one off!

[RPB]

You stopped reading a bit too soon:

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.

Thank you! Learn something new every day. (i) looks like something that was tacked on in a subsequent legislative session... Anyone recall which year, assuming I'm correct? It's also interesting for me to learn that apparently I *can* carry at a government meeting (even city council meetings?) if the building or meeting room doesn't have a 30.06?

1997? or 2007?
viewtopic.php?f=7&t=30136#p349106" onclick="window.open(this.href);return false;

"(i) 'Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06." was a 1997 amendement to 1995 addition of 46.035.

There was an article about this very subject in the November issue of the TCHA newsletter last year. Obviously there have been untold numbers of CHL instuctors getting away from some DPS schools without being made aware of this.

viewtopic.php?f=7&t=30136&start=30#p351448" onclick="window.open(this.href);return false;

To clear up any miscommunication or misunderstanding that might have occurred during a recent CHL Instructor class, I have received permission to post the official DPS position on the off-limit locations set forth in TPC §§46.035(b)(4)-(6) and (c).

TPC §46.035(b)(4)-(6) makes it unlawful for an armed CHL to go on the premises of a hospital, nursing home, amusement park (as defined) or church.

TPC §46.035(c) makes it unlawful for an armed CHL to go on the premises of a meeting of a governmental entity.

However, TPC §46.035(i) adds another element to the offense by stating that the above-referenced locations are off-limits only if the CHL is given effective notice as required by TPC §30.06.

Pursuant to TPC §30.06, this notice can be oral or written, but it must comply with the requirements of TPC §30.06 as to the wording of any written notice and, if a sign is used, the sign must also meet the size and location requirements of TPC §30.06. TPC §30.06(b) also requires that effective notice be given by the "owner of the property or someone with apparent authority to act for the owner . . ." TPC §30.06 is set forth in its entirety below.

This explanation should clear up any misunderstanding or ambiguity concerning locations coming within the scope of TPC §46.035(b).

Regards,
Chas.

Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and failed to depart.[/list][/list]

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b).

(2) "License holder" has the meaning assigned by Section 46.035(f).

(3) "Written communication" means:

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

(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.

[C-dub]

I didn't realize this was added that long ago. I thought it was after I started carrying sometime in 2005 or 2007.

[jamisjockey]

We went to seaworld this summer. I'm glad I wasn't carrying, because we were in the shamu splashzone. I'm not sure my 1911 would have been happy with the saltwater bath I recieved.

[RPB]

We went to seaworld this summer. I'm glad I wasn't carrying, because we were in the shamu splashzone. I'm not sure my 1911 would have been happy with the saltwater bath I recieved.

That's why I carry one of them Tupperware guns with Marine Spring cups to those type wet zones, I understand some critters in that area have killed before