carnival carry

[glockowner]

i did some searching and am looking to see if carrying in a carnival is legal. everything seems ok other than beer being sold out of many booths. is there an issue with that? all entertainment is outdoors. it's yorktown's western days, thanks.

[Originalist]

I am probably wrong but I don't think the carnivals fall under the 51% rule so the only thing you would have to worry about would be a binding 30.06 sign (unless it was in a city owned, etc. park) and your gun falling if you decided to ride a roller coaster or something like that.

But, like I said I might be wrong

[LCP_Dogg]

Man, you guys need to do some reading. A CHL is not a waiver, it is a responsibility. You have laws you have to abide by and CLEARLY neither of you have read them (recently). And that really scares me that there are uninformed CHL holders out there, but anyways...

CHL holders may not carry while in an "amusement park".

(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.

Carnivals rarely ever fall under this clause as they are small and temporary in nature.

But that doesn't mean they can't post a 51% or 30.06 sign.

[KBCraig]

If you read your laws you'll see the clause about amusement parks. They have to be 75+ acres and permanently installed, and must be there year-round or something like that.

Just like churches and hospitals, amusement parks are not off limits unless they post 30.06.

[KRM45]

Man, you guys need to do some reading. A CHL is not a waiver, it is a responsibility. You have laws you have to abide by and CLEARLY neither of you have read them (recently). And that really scares me that there are uninformed CHL holders out there, but anyways...

CHL holders may not carry while in an "amusement park".

(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.

Carnivals rarely ever fall under this clause as they are small and temporary in nature.

But that doesn't mean they can't post a 51% or 30.06 sign.

You know, if you are going to give people such a hard time about their understanding of the law you should at least be correct when you provide information. Carry at an amusement park is only prohibited if they post the appropriate 30.06 signage.

[bdickens]

LCP_Dogg is the one that needs to do some reading.

[bryang]

Boy howdy, I have seen some carnivals that you had better be armed! ...or just don't go.
The kind we get around here are of the very...how would you say it...not your most upstanding citizen type.
You know, the traveling bands that hit the West Texas area.

-geo

[Originalist]

Man, you guys need to do some reading. A CHL is not a waiver, it is a responsibility. You have laws you have to abide by and CLEARLY neither of you have read them (recently). And that really scares me that there are uninformed CHL holders out there, but anyways...

CHL holders may not carry while in an "amusement park".

(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.

Carnivals rarely ever fall under this clause as they are small and temporary in nature.

But that doesn't mean they can't post a 51% or 30.06 sign.

A carnival is just that "a Carnival" and will never be an amusement park. Every "Carnival" I have ever been to doesnt last more than a week maybe 2 at best, and would have to be posted 30.06 anyway. And for the 51%, they would have to be licensed and required to post. Although there is alcohol for sale, given the price of tickets, games, food, etc. I would be hard pressed to believe they meet the requirements. (Not alot of experience on that fact so if someone has first hand knowledge please share).

Additionally, even if I were wrong, your approach at education was way out of line. Nothing about mine or glockowners post was rude or warranted your response. And evidently you are the one that was mistaken on the issue.

Why do you think one of the reasons this forum exists is......To ask questions pertaining to things that you dont know or want to know more about so you can be educated (very responsible, I think) by people who have the knowledge or experience to help you out.

Ok, I am done, Sorry for the hijack. I just dont understand why some people have to be like that.

Bryan

[LCP_Dogg]

Well yes, you cannot possess a handgun under CHL law anywhere that posts a 30.06 sign or else has verbal or otherwise printed information pertaining to possession of a firearm on the premises. It is their property and they can refuse admittance to anyone. I thought that was a given.

Anyways, I was just trying to say people should be reading through these laws not answering and then saying "or maybe I'm wrong" which is just likely to mislead more readers on this kind of forum.

Here are the laws and it is quite easy to search through it: http://www.txdps.state.tx.us/administra ... chlaws.htm although as someone pointed out searching can be dangerous because of all of the exceptions and exclusions. Your best bet is to read them again and again and again until you memorize them (I'm clearly guilty of not doing this myself) and then re-read them every now and again to refresh and get any changes, because they do get changed w/out notice.

[Originalist]

About me bieng wrong, I was referencing wether or not it qualified 51%. I am not TABC agent and quite frankly with out a sign, license posted...i.e. is the Carnival 51% total or does each "establishment" have to meet that indivdually. Alot of what if's so I responded with my opinion and what I thought pertaining to 51% with a caveat that I am not an expert on TABC laws and requirements. I know the basic's if it is a bar and its posted 51% (Yes I know no sign is an excuse) and the cool color trick some of the TABC guys have said about color of liquer license and what it means, That is it. I was hoping someone who did know would address that issue.

Well yes, you cannot possess a handgun under CHL law anywhere that posts a 30.06 sign or else has verbal or otherwise printed information pertaining to possession of a firearm on the premises. It is their property and they can refuse admittance to anyone. I thought that was a given.

This is not entirely correct either.... Though there are no requirements for verbal notification to comply with 30.06 any "otherwise printed information" is not worth the paper it is printed on becuase if the Written Notification does not meet the requirements established by the legislature in TPC 30.06 it is not legaly binding.

Bryan

[pbwalker]

LCP_Dogg is the one that needs to do some reading.

[Keith B]

OK folks, stop the attacks or the thread will be locked.

[LCP_Dogg]

This is not entirely correct either.... Though there are no requirements for verbal notification to comply with 30.06 any "otherwise printed information" is not worth the paper it is printed on becuase if the Written Notification does not meet the requirements established by the legislature in TPC 30.06 it is not legaly binding.

Bryan

Wrong. Tresspassing qualifies. If you disobey an order, you will be trespassing.

[Originalist]

Only if you are "outted" and asked to leave because of your firearm, but then you have been given verbal notice and then if you dont leave 30.06 applies, which is a much stiffer penalty as opposed to trespassing by itself but I still dont see how simple trespassing applies if you ignore the gunbuster sign at the door. Which would be "otherwise printed information" correct ?

[Keith B]

This is not entirely correct either.... Though there are no requirements for verbal notification to comply with 30.06 any "otherwise printed information" is not worth the paper it is printed on becuase if the Written Notification does not meet the requirements established by the legislature in TPC 30.06 it is not legaly binding.

Bryan

Wrong. Tresspassing qualifies. If you disobey an order, you will be trespassing.

This is incorrect. Only if it is not posted 30.06, then you are only tresspassing AFTER you have recieved VERBAL notice. Prior printed material, no guns signs, etc. are not valid notification to be in violation.

EDIT to add: AFCop beat me to it by about 2 seconds.