I'm trying to streamline the lesson plan for my students....
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) .......
(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 ....
(2) “License holder” means ....
(3) “Premises” means....
(g) An offense ....
(h) It is a defense....
(h-1) It is a defense ...
(1) an active judicial ...
(2) a bailiff ...
(h-1) It is a defense...
(1) a judge ...
(2) an active judicial officer...
(3) a district attorney...
(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.
Since (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06, it seems to me that it would be simpler to teach students that (b)(1,2,3) are the prohibited areas in this section and not even mention the (b)(4), (b)(5), (b)(6), and (c) since they are areas under the auspices of 30.06.
In other words, since a church or nursing home must stop you with a 30.06 notification that puts them in the same boat as everywhere else in the state that is not specifically enumerated as prohibited (such as secure areas of the airport, correctional facilities, polling places on the day of an election, etc.)
So the total list of prohibited areas is about 15 long, not including (b)(4), (b)(5), (b)(6), and (c). Everything not on the list is covered by 30.06 including amusement parks, churches, nursing homes and hospitals, and meetings of government entities.
What do you think?
tex
How to rearrange the CHL lesson plan
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