Can i Carry into the DMV?

[sgerry]

Brain is fried....
anyone remember?

[Keith B]

Brain is fried....
anyone remember?

Yes you can as long as it is not in a facility that is otherwise off-limits (i.e. courthouse). It is a state agency and they cannot post it off limits per the statutes.

[sgerry]

Ah...so it's federal buildings that are off limits.

[Purplehood]

Ah...so it's federal buildings that are off limits.

They are usually posted anyway with their own version of a 30.06, which I mostly certainly DO honor.

[Keith B]

Ah...so it's federal buildings that are off limits.

Yes, federal are off-limits totally. However, some state buildings are statutoily off-limits buildings, like courthouses, schools and the secure area of a police station. Here is a good reference http://handgunlaw.us/states/texas.pdf" onclick="window.open(this.href);return false; or http://www.txdps.state.tx.us/administra ... chlaws.htm" onclick="window.open(this.href);return false;

[C-dub]

In the 23 years I've lived in Texas I have only lived in four different cities in Dallas and Denton counties and all four are right next to each other. I have only been to two different county assessor's to get vehicle licenses or driver's licenses. Wait, no, make that three. None of them have courtrooms. In fact, I don't think any of them have anything but the licensing stuff. I've carried in each and none of them have anything other than the "unlicensed carry" signs.

[RPB]

Burnet County puts all county and State offices in the Courthouse annex building, so everything is off limits (Driver's license renewal/License plates/tax assessor/collector, even the CITY cashier to make utility payments ... etc..)

Sheriff Dept and Police Dept are separate buildings so they are ok to carry in the non-secured areas.

IF the County Tax Appraiser/assessor/Collector License plate Renewals etc, State DPS Driver's License License, City cashier were NOT in the COURT building, we could carry in those.
As stated above:

Yes you can as long as it is not in a facility that is otherwise off-limits (i.e. courthouse). It is a state agency and they cannot post it off limits per the statutes.

[jonathan1173]

I noticed under the DPS website that article §6.47. says:

PLACES PROHIBITED: ADMINISTRATIVE VIOLATION

A license holder may not carry a handgun on or about the license holder's person under authority of the Act on premises of the Department of Public Safety, unless the department is conducting a competition or training session involving the use of firearms and the license holder is a participant in the event and a handgun is used in the event. No posting is required.

Subch. E

[Dragonfighter]

I noticed under the DPS website that article §6.47. says:

PLACES PROHIBITED: ADMINISTRATIVE VIOLATION

A license holder may not carry a handgun on or about the license holder's person under authority of the Act on premises of the Department of Public Safety, unless the department is conducting a competition or training session involving the use of firearms and the license holder is a participant in the event and a handgun is used in the event. No posting is required.

Subch. E

What is an administrative violation?

[RPB]

odd
I get:
Handgun Administrative Rules (PDF)
http://www.txdps.state.tx.us/administra ... esupdt.pdf" onclick="window.open(this.href);return false;
37 Texas Administrative Code Chapter 6

CHL Administrative Rules are currently being updated. Please check back later.

However, SEE:
Secretary of State: http://www.sos.state.tx.us/tac/index.shtml" onclick="window.open(this.href);return false;
Welcome to the Texas Administrative Code
(this is not at http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false; )


http://info.sos.state.tx.us/pls/pub/readtac$ext.viewtac" onclick="window.open(this.href);return false;

I don't see a §6.47 under any Subchapter
http://info.sos.state.tx.us/pls/pub/rea ... &pt=1&ch=6" onclick="window.open(this.href);return false;

[Purplehood]

Sounds like an internal DPS policy to me.

[bdickens]

Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b).

(2) "License holder" has the meaning assigned by Section 46.035(f).

(3) "Written communication" means:

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

(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.

Sec. 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 Private Security Board if:

(A) the actor is wearing a distinctive uniform; and

(B) the firearm or club is in plain view; or

(4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either:

(A) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's firearm in plain view; or

(B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner.

(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.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

(3) on the premises of a correctional facility;

(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;

(5) in an amusement park; or

(6) on the premises of a church, synagogue, or other established place of religious worship.

(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.

(f) In this section:

(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.

(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.



Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 2





(h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:

(1) an active judicial officer, as defined by Section 411.201, Government Code; or

(2) a bailiff designated by the active judicial officer and engaged in escorting the officer.



Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5





(h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was:

(1) a judge or justice of a federal court;

(2) an active judicial officer, as defined by Section 411.201, Government Code; or

(3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

(j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.

Isn't Google wonderful?

[Keith B]

I believe those sections were removed once the prohinition to carrying in a government owned building was allowed.

[dicion]

Don't use google. There's still plenty of sites out there with old Statutes posted that have been removed or modified.

Go Here for the most current ones:

http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;

[bdickens]

Don't use google. There's still plenty of sites out there with old Statutes posted that have been removed or modified.

Go Here for the most current ones:

http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;

I did.