Search found 3 matches

by Elvis
Sun Sep 28, 2008 10:19 pm
Forum: General Texas CHL Discussion
Topic: Can't carry in a bar, but can bring a long gun??
Replies: 19
Views: 2516

Re: Can't carry in a bar, but can bring a long gun??

Hmmm, I don't know of any Texas case law on disorderly and causing an alarm in a bar. I personally have had 2 convictions but in both cases the defendant was in a bar with a rifle or shotgun to ventilate someone and the patrons were plenty alarmed. I always assumed the law referred to the perspective of the public being alarmed and not to the intention of the defendant to cause alarm. The Wal-Mart example is a moot point as I believe we are talking about a licensed business for “On Premises Consumption” and not a retail store.
by Elvis
Fri Sep 26, 2008 8:55 pm
Forum: General Texas CHL Discussion
Topic: Can't carry in a bar, but can bring a long gun??
Replies: 19
Views: 2516

Re: Can't carry in a bar, but can bring a long gun??

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.

Based on the above law if you were to walk into a bar with a long gun and the Police were called you will be charged and convicted with Disordery Conduct. I have seen it happen many many times all over the State. If someone calls 911 to report the incident they were alarmed. On the other hand I have been to a local skeet/sporting clays club that has an alcoholic beverage license for on premises consumption and there is a gun rack just inside the door. No one is alarmed that you have a shotgun at a skeet range and so Disorderly Conduct does not apply.
by Elvis
Fri Sep 26, 2008 8:44 pm
Forum: General Texas CHL Discussion
Topic: Can't carry in a bar, but can bring a long gun??
Replies: 19
Views: 2516

Re: Can't carry in a bar, but can bring a long gun??

§ 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;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or
national guard or a guard employed by a penal institution, or an
officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
(2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(4) Deleted by Acts 1995, 74th Leg., ch. 318, § 17, eff. Sept. 1, 1995.
(5) a security officer who holds a personal protection authorization under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
(e) It is a defense to prosecution under Subsection (a)(5)
that the actor checked all firearms as baggage in accordance with
federal or state law or regulations before entering a secured area.
(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road; or
(2) at the actor's residence or place of employment.

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