This is an interesting topic whether there is a difference between regulating firearms in city and county property. As Jeff already mentioned, Local Government Code 229 makes very clear the limitations on municipalities regulating firearms. But there is no similar list of limitations on counties.speedsix wrote:...that's the essence of my question...it's county property...are they handled like city property...if so, they can't 30.06 us, either with signage or verbal notice...in essence, a CHL'er can carry there...it seems that 30.06(e) applies to county as well and their sign is just out-of-date...I haven't found a legal difference between a city park and a county park...rm9792 wrote:If it is city property then verbal notice is not valid either.kjolly wrote:don't make a stand on your rights. Individual officers may not understand your rights and if you seem obstructive they can make it difficult for you. also under 30.06 a verbal notice is all that is needed.
...reading 30.06(e), if we have a valid CHL, we can't be charged with trespass by a CHL holder on the properties/in the premises covered by that section...so they simply can't prevent our carrying there...
However, doesn't Penal Code 1.08 basically pre-empt most any government subdivision of the state from regulating anything in the Penal Code?
Question would be what is to stop a county from doing any of the things listed below that a city is specifically prohibited from doing? Specifically regarding section (b)(6) below .... could a county post a county law banning possession of firearms in a county park by anyone and everyone?Sec. 1.08. PREEMPTION. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable.
Local Government Code Sec. 229.001. FIREARMS; EXPLOSIVES.
(a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
(b) Subsection (a) does not affect the authority a municipality has under another law to:
(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
(2) regulate the discharge of firearms within the limits of the municipality;
(3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
(5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; or
(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a: (A) public park;(B) public meeting of a municipality, county, or other governmental body;(C) political rally, parade, or official political meeting; or(D) nonfirearms-related school, college, or professional athletic event.
(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation