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by sjfcontrol
Mon May 20, 2013 12:58 pm
Forum: General Texas CHL Discussion
Topic: Summer Adventures at Fair Park
Replies: 16
Views: 2284

Re: Summer Adventures at Fair Park

Keith B wrote:
sjfcontrol wrote:Keith -- as I posted above...

30.06 states...
(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
.
But, amusement parks ARE listed in 46.035 (section I not withstanding, they are still listed there), so the exception in 30.06(e) wouldn't apply to amusement parks even if on city property. Meaning they could post 30.06 and enforce it. The only reason the can't post Fair Park now is that it doesn't qualify as an amusement park.
I see the angle you are taking, but I disagree. They are only statutorily off limits if they post a 30.06, and can't because they are city owned. The other locations that don't require a 30.06 to be off limits would be prohibited. It comes down to what trumps what.
If it were a amusement park, and owned by the city, and they posted 30.06 -- seems to me then that since it is listed in 46.035 you would be prohibited from carrying there, and 30.06(e) (the government property exception) would not apply because you're prohibited by 46.035.

It is something of a chicken-egg problem. Or perhaps like a snake eating its own tail. :???:
by sjfcontrol
Mon May 20, 2013 12:19 pm
Forum: General Texas CHL Discussion
Topic: Summer Adventures at Fair Park
Replies: 16
Views: 2284

Re: Summer Adventures at Fair Park

Keith -- as I posted above...

30.06 states...
(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
.
But, amusement parks ARE listed in 46.035 (section I not withstanding, they are still listed there), so the exception in 30.06(e) wouldn't apply to amusement parks even if on city property. Meaning they could post 30.06 and enforce it. The only reason the can't post Fair Park now is that it doesn't qualify as an amusement park.
by sjfcontrol
Mon Apr 29, 2013 9:29 am
Forum: General Texas CHL Discussion
Topic: Summer Adventures at Fair Park
Replies: 16
Views: 2284

Re: Summer Adventures at Fair Park

Keith B wrote:
TxRVer wrote:The State Fair can't prohibit concealed carry, so I doubt any event at Fair Park can prohibit carry.
The State Fair in itself doesn't meet the guidelines as an Amusment Park because it is not open at least 120 days a year. This new venture of theirs may put them in that status if they are open May - August or even September when the State Fair opens.

I think they out we will have is the fact it is city owned and they can't post a valid 30.06 even if they do qualify as an Amusment Park now.
I WAS going to post that whether it's an amusement park or not, it's still city property, and therefore not postable.

However, I re-read 30.06(e)
(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
.
Well, an amusement park is indeed a prohibited location in 46.035 (section (i) not withstanding), and therefore it would seem the government exemption carry restriction does not apply.

As I'm reading this now, it would seem that carry in an amusement park on government property would be proscribed with notice being given via 30.06.

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