TexasCHLforum.com

Hi everyone,

I am new to this board, but have read many of the posts here, especially on the legislative session in progress. Anyway, I am looking to get some opinions on a issue I am facing. I recently went to a state park, that had multiple "no firearms allowed" signs posted. None of them 30.06 compliant, and even if they did post, it would not be enforceable because it is owned/leased by the state. They seem to have no legal right to prohibit concealed carry with a CHL, except they have field trips for school children there. Would this constitute them as an educational institution under 46.03 (below), when they do not have a field trip in progress. Also if there is a field trip in progress does this mean the entire park is off limits?

All comments are appreciated.

PC 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly possesses
or goes with a firearm, illegal knife, club, or prohibited weapon
listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution,
any grounds or building on which an activity sponsored by a school or
educational institution is being conducted, or a passenger transportation
vehicle of a school or educational institution, whether the school or
educational institution is public or private, unless pursuant to written
regulations or written authorization of the institution;

No and No.

As long as you are not part of the field trip group itself, such as a parent helping escort the kids. This same situation could occur in zoos, aquariums, museums, etc., and all those would not make the whole building a CHL prohibited area because of it.

That's how I treat it and I believe it to be a widely held view.....ie, IANAL.

Thanks, that makes a lot of sense, and calmed down my paranoia.

I don't understand why a 30.06 sign wouldn't apply to property owned by the State of Texas

Doug.38PR wrote:I don't understand why a 30.06 sign wouldn't apply to property owned by the State of Texas

Sec. 30.06.(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.

What about some place like Eisenhower State Park on Lake Texhoma which is a Corp of Engineers Lake. Which law do you follow then?

Tim

Doug.38PR wrote:I don't understand why a 30.06 sign wouldn't apply to property owned by the State of Texas.

Property owned by the State of Texas is OUR property. The citizens of Texas decided, through OUR legislators, that properly licensed, responsible, tax-paying citizens can carry concealed weapons. No state agency, local government, or bureaucrat can make a rule restricting that privilege, except as specified in the law. 30.06 signs are for private property.