A CHL is a Defense to Prosecution under 46.02 (all the 46.15 non-applicability reasons are by case law). So theoretically you can "take the ride" for carrying at all (under CHL), anywhere...Kythas wrote:Not entirely true, but mostly so. If you have a CHL, the CHL is a defense to prosecution under 30.05, but it does not mean 30.05 doesn't apply. You may still be arrested for criminal trespass but would not be convicted. Your CHL would likely be suspended in the time between the arrest and disposition of the case.G.A. Heath wrote:Texas Penal Code 30.05(f) states that if entry with a handgun is forbidden and the actor has a valid CHL then the licensee has a defense to prosecution, so in essence TPC 30.05 does not apply in this situation. Texas Penal Code 30.06(e) states that it is an exception to the application of TPC30.06 if the property that is posted (by valid sign, written notice, or verbal notice) belongs to, or is leased by, a government entity unless that property is forbidden under TPC 46.03 or 46.035.speedsix wrote:...can you back this up with law for me??? I live about 2 blocks from a County-owned park/walking trail...it is not 30.06 posted but there is a sign prohibiting firearms...I know city parks can't ban us but haven't found in the law that a county can't...a friend was there walking at around 11 a.m. and saw one coyote and heard another behind it drooling at his dog...all he had was a short stick...G.A. Heath wrote:You say that its a public park so I assume that it is either owned or leased by a city, county, or some other political subdivision of the state of Texas. If this is the case then unless a very few/rare conditions exists then you can carry. The conditions to ban legal concealed carry in a public owned park are rare but could be caused by school activities, a professional sporting event, being leased out for an event that will generate 51% of its revenue from the sale of alcohol for on premises consumption, and so on.
In essence TPC30.05 does not apply to CHLs when it comes to banning entry with a concealed handgun, 30.06 is required for that. TPC30.06 does not apply on government property unless it is off limits by law already.
This is one of those cases where you'll beat the rap but you won't beat the ride.
So can a Peace Officer (take the ride) while carrying under the authority of being Peace Officer...(another 46.15 provision). Theoretically.