Off limits to CHL

[propellerhead]

From a gun forum... some good info in one concise location. Posted by Charles L. Cotton on TexasCHLForum.com.

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This is a list of locations that are statutorily off-limits to CHL's per Texas law. It does not include federal law. The list is divided into to categories; those that are off-limits whether or not a 30.06 sign is posted and those that are off-limits only if a 30.06 sign is posted. Please note that giving a verbal warning that no guns are allowed on the property is an alternative to posting a 30.06 sign.

All statutorily designated “off-limits” locations apply only to the “premises” as statutorily defined inTPC §46.035(f)(3) below, unless otherwise stated.

Off-limits to CHL's even if no 30.06 sign is posted:
School buildings - TPC §46.03(a)(1)
School grounds where a school sponsored activity is on-going - TPC §46.03(a)(1)
School bus, or other school passenger transportation vehicle. - TPC §46.03(a)(1)
Polling place on election day (including early voting) - TPC §46.03(a)(2)
Court or court office. - TPC §46.03(a)(3)
Race track (licensed for betting) - TPC §46.03(a)(4)
Airport secured area (past metal-detectors in terminal building) TPC §46.03(a)(5)
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)
51% locations (“bars”) - businesses that derive 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption. TPC §46.035(b)(1)
Highschool, collegiate, interscholastic, or professional sporting events. TPC §46.035(b)(2).
Correctional facility - TPC §46.035(b)(3).

Off-limits to CHL's ONLY if a 30.06 sign is posted:
Note: The statutory requirement for a 30.06 sign or notice is not found in the individual Penal Code provisions cited after each location. The requirement is set forth in TPC §46.035(j).

Hospital or nursing home. TPC §46.035(b)(4).
Amusement park (as statutorily defined below). TPC §46.035(b)(5).
Church, synagogue or other established place of worship. TPC §46.035(b)(6).
Meetings of governmental entities. TPC §46.035(c).

Relevant statutory definitions from TPC §46.035(f):

(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.

(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.

[GE]

Off-limits to CHL's ONLY if a 30.06 sign is posted:
Note: The statutory requirement for a 30.06 sign or notice is not found in the individual Penal Code provisions cited after each location. The requirement is set forth in TPC §46.035(j).

Hospital or nursing home. TPC §46.035(b)(4).
Amusement park (as statutorily defined below). TPC §46.035(b)(5).
Church, synagogue or other established place of worship. TPC §46.035(b)(6).
Meetings of governmental entities. TPC §46.035(c).


I disagree. I think these places are off limits for anyone, even if a 30.06 sign is NOT posted.

§ 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.

[propellerhead]

I disagree. I think these places are off limits for anyone, even if a 30.06 sign is NOT posted.

§ 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.
If you read further down in 46.035, it says:

(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.

[GE]

Hrm. Looks like it was changed to have:

(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.

Interesting. But I don't think that takes effect until 9/1/07, right?

[Billyb0b81]

I was just trying to figure something out today. In the handbook, it says people can keep guns off of their private property. They way I was reading it said they do not have to have Penal Code 30.06 posted. It says they can let people know orally or by a sign. So if a place of business is privately owned and not a chain or corporation, and they have a simple sign on the door that says no guns allowed, is this enough to legally keep anyone from carrying their concealed weapon? I know places are supposed to have 30.06 posted, but being a private business, is it technically illegal to carry even though 30.06 isn't posted?

[propellerhead]

Hrm. Looks like it was changed to have:

(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.

Interesting. But I don't think that takes effect until 9/1/07, right?
That's been there. The one that kicks in on 9/1/07 is the Castle Doctrine, I believe.

[GE]

I was just trying to figure something out today. In the handbook, it says people can keep guns off of their private property. They way I was reading it said they do not have to have Penal Code 30.06 posted. It says they can let people know orally or by a sign. So if a place of business is privately owned and not a chain or corporation, and they have a simple sign on the door that says no guns allowed, is this enough to legally keep anyone from carrying their concealed weapon? I know places are supposed to have 30.06 posted, but being a private business, is it technically illegal to carry even though 30.06 isn't posted?

They have to have it posted as outlined in 30.06. They can, however, give you oral or written notice which then complies with 30.06. Basically, all those stupid little "No handguns allowed" signs mean nothing.