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Firearm in a state park?

Posted: Mon Oct 19, 2009 1:16 pm
by ls6tt
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.

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 1:21 pm
by redoregon
Good question, interested myself. I hike in SNAs all the time and would like to have a shotshell or two handy for snakes that can't be avoided (low chance, but...).

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 1:25 pm
by Crossfire
CHL holders are not prohibited from carrying in state parks.

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 1:26 pm
by ls6tt
Crossfire wrote:CHL holders are not prohibited from carrying in state parks.
got a link to that law?

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 1:30 pm
by Mithras61
ls6tt wrote:
Crossfire wrote:CHL holders are not prohibited from carrying in state parks.
got a link to that law?
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.

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 1:33 pm
by ls6tt
Mithras61 wrote:
ls6tt wrote:
Crossfire wrote:CHL holders are not prohibited from carrying in state parks.
got a link to that law?
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.
It doesnt say unlawful carry, it says possession. I was assume that the term possession means period.

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 1:41 pm
by Mithras61
ls6tt wrote:
Mithras61 wrote:
ls6tt wrote:
Crossfire wrote:CHL holders are not prohibited from carrying in state parks.
got a link to that law?
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.
It doesnt say unlawful carry, it says possession. I was assume that the term possession means period.
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.

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 1:45 pm
by ls6tt
Fantastic, thank you

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 1:50 pm
by YabuUS
I recently had an occasion to visit Galveston State Park in Galveston. Too lazy to look up the law about carrying in state parks, I just called the ranger's office at the park and ask if CHL holders could carry in the park. They said as long as you have a license it is permitted. That's all I needed to know. ;-)

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 2:01 pm
by ELB
In addition to what's been said above, if you search enough of the threads on this site, or tramp around the TWPD site enough, you will come up a copy of TWPD Executive Director Order no. 98-001. I haven't ever got around to learning to post images on this site, but the text reads:
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
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!

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 2:08 pm
by pbwalker
Keep an eye out for CoE parks...it's federal land, so no-go

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 2:42 pm
by Taltyman
went to Tyler State Park a couple of weekends ago and asked the ranger. He said no problem and laughingly told me about a CHL holder that asked him the same thing when the CHL person stopped his vehicle near his and asked him through the open window. Then the CHL got out to chit chat and his gun fell on the ground. :smilelol5:

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 5:14 pm
by couzin
pbwalker wrote:Keep an eye out for CoE parks...it's federal land, so no-go
Yep - there are several TPWD parks and mitigation areas that are on Federal lands owned by USACE.

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 6:24 pm
by Bart
I keep mine concealed.

Re: Firearm in a state park?

Posted: Mon Oct 19, 2009 10:47 pm
by surprise_i'm_armed
Taltyman wrote:

Then the CHL got out to chit chat and his gun fell on the ground.

He must have been the clumsy CHL who went to the Texas State Fair and screwed things
up for the rest of us. :-)


SIA