Firearm in a state park?
Posted: Mon Oct 19, 2009 1:16 pm
I looked it up and it says illegal to posses, does this qualify as in a vehicle as well? Is this no longer the law and you are allowed to carry if you have your CHL? Thanks.
The focal point for Texas firearms information and discussions
http://mail.texaschlforum.com/
got a link to that law?Crossfire wrote:CHL holders are not prohibited from carrying in state parks.
The law lists was IS prohibited, not what isn't. No laws say that state parks are off limits to CHLers carrying firearms, therefore it is legal.ls6tt wrote:got a link to that law?Crossfire wrote:CHL holders are not prohibited from carrying in state parks.
It doesnt say unlawful carry, it says possession. I was assume that the term possession means period.Mithras61 wrote:The law lists was IS prohibited, not what isn't. No laws say that state parks are off limits to CHLers carrying firearms, therefore it is legal.ls6tt wrote:got a link to that law?Crossfire wrote:CHL holders are not prohibited from carrying in state parks.
With a CHL, the specific locations that you cannot carry are laid out in the law. They include locations such as permanent amusement parks, courts of law, in a meeting of a law-making body, and a few others (see PC 46.035 - make sure you read the whole thing, because there are some exceptions at the end). Outside of the specific locations that are prohibited, the law says that you MAY NOT be prevented from carrying in a government-owned or leased location (this naturally applies to state- and local-level entities, not federal entities). Since state parks are owned by the state, and are not prohibited locations, you may carry.ls6tt wrote:It doesnt say unlawful carry, it says possession. I was assume that the term possession means period.Mithras61 wrote:The law lists was IS prohibited, not what isn't. No laws say that state parks are off limits to CHLers carrying firearms, therefore it is legal.ls6tt wrote:got a link to that law?Crossfire wrote:CHL holders are not prohibited from carrying in state parks.
I researched this awhile back and could not find any clues that TPWD Executive Director Orders have a 'shelf life,' nor any order that supersedes this. I also do not know what authority the Executive Director thinks he has to prohibit all firearms in any location - certainly nothing under the CHL statutes, and none under the TPWD ones as far as I looked, but I did not read the whole TPWD code, nevermind the whole Texas code. See your lawyer for that!TEXAS PARKS AND WILDLIFE DEPARTMENT
EXECUTIVE ORDER NO. 98-001
Nothing in the Public Hunting Lands Proclamation or State Parks Proclamation prohibits
a person from possessing a concealed handgun, loaded or unloaded, under the authority
of a concealed handgun licensed issued by this state or any other state. Person carrying
concealed handguns must comply with all concealed handgun laws.
The Executive Director reserves the right to prohibit the carrying of all firearms during
certain events or in certain locations on Department lands.
This order is issued pursuant to Title 31, Texas Administrative Code, Sections 59.134(f)(1)
and 69.199 and is effective immediately.
Signed this 8th day of July, 1998.
<signed>
Andrew Sansom
Executive Director
Texas Parks and Wildlife Department
Yep - there are several TPWD parks and mitigation areas that are on Federal lands owned by USACE.pbwalker wrote:Keep an eye out for CoE parks...it's federal land, so no-go