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CHL Instructor says State Fair is an amusement park...
Posted: Thu Sep 21, 2006 10:39 pm
by mr fixit
and is off limits for CHL carry.
I know this comes up every year, but I talked to him yesterday. He is an aquaintence of mine, and he teaches the CHL class about 6 times a year. He said he was told by DPS last time he renewed his instructor qualifications that the State Fair in Dallas is considered an amusement park under the definition in the CHL laws, and it is unlawful for anyone to carry a weapon there with a CHL.
SOOO..........
Just throwing this out guys.
What's the story?>??
Posted: Thu Sep 21, 2006 10:44 pm
by carlson1
Well I am not for sure what to say other than to say he is mistaken. You can carry at the State Fair. You must check in at the gate and show your CHL, but you can carry inside
Posted: Thu Sep 21, 2006 10:50 pm
by mr fixit
carlson1 wrote:Well I am not for sure what to say other than to say he is mistaken. You can carry at the State Fair. You must check in at the gate and show your CHL, but you can carry inside
That's what I thought and told him so. But he was adamant about it, and I didn't feel like haveing an argument with him over it.
So, is DPS really saying this, or did he just hear it somewhere or what I wonder.
It also strikes me, now that I think about it some, that the more he talked to me and a few others about the CHL and carrying, he almost seemed to try to talk people out of carrying or useing a gun.
Where do these 'instructors' come from?
Posted: Thu Sep 21, 2006 10:56 pm
by carlson1
I am sure not an instructor, but someone like txinvestigator will show up and answer it for you.
Posted: Thu Sep 21, 2006 11:04 pm
by Commander
To meet the definition of "amusement park" the State Fair would have to be open "more than 120 days in each calendar year". The State Fair is open less than 30 days each year and therefore doesn't meet the criteria. IIRC, this section was passed specifically to cover places such as Six Flags, Fiesta Texas, etc....
Posted: Fri Sep 22, 2006 12:06 am
by bburgi
Even if it was an amusement park by definition (and it's not, just to be clear) because of the updated law it would still have to be posted 30.06 to be off-limits- it wouldn't be automatic.
Posted: Fri Sep 22, 2006 5:31 am
by ElGato
S&W6946 wrote:To meet the definition of "amusement park" the State Fair would have to be open "more than 120 days in each calendar year". The State Fair is open less than 30 days each year and therefore doesn't meet the criteria. IIRC, this section was passed specifically to cover places such as Six Flags, Fiesta Texas, etc....
Posted: Fri Sep 22, 2006 8:44 am
by barres
bburgi wrote:Even if it was an amusement park by definition (and it's not, just to be clear) because of the updated law it would still have to be posted 30.06 to be off-limits- it wouldn't be automatic.
Who owns the property the State Fair is held on? If it is "public land" (ie. owned by the state, county, or city) then they can't post a legally binding 30.06 sign, even if it did meet the statutory definition of an amusement park. Sorry, but the instructor is just dead wrong on this one. Not that I haven't been wrong once or twice in my lifetime
.
Posted: Fri Sep 22, 2006 9:43 am
by DaveT
mr fixit,
In response to your question about where do instructors come from.... they are just like you and me and everyone here. They are serious gun owners and CHL holders who want to take their knowledge and experience a step further than most. They volunteer to take the instructor course that is offered by DPS once a year and when finished, become certified instructors licensed by DPS.
Many I know become instrustors in order to further the cause of concealed carry here in Texas. They do get paid for teaching courses, but their firm belief in second amendment rights far outweighs any monetary compensation they receive.
Posted: Sat Sep 23, 2006 7:49 pm
by JohnKSa
Ask the State Fair. Here's what they told one instructor I know.
"A person holding a valid concealed handgun license is permitted to enter onto State Fair property with his/her concealed handgun. Licenses will be examined at the entrance by an authorized security supervisor. Handguns will not be permitted inside the Cotton Bowl, a facility defined under Texas Penal Code 46.035 as "the premises where a high school, collegiate or professional sporting event or interscholastic event is taking place
Thanks
Public Relations"
Posted: Sat Sep 23, 2006 8:21 pm
by Kalrog
By what right can a non-peace officer demand to see a CHL on public property?
Posted: Sat Sep 23, 2006 8:28 pm
by txinvestigator
Kalrog wrote:By what right can a non-peace officer demand to see a CHL on public property?
Interesting question. In theory, none. However, they use metal detectors at Fair Park. They will let you in with your handgun IF you have a CHL. If you do not have a CHL, no entry with the handgun. They would probably call over one of the many police officers there to arrest you if you did not have a CHL.
So you don't HAVE to show your CHL, but if the detector hits on your gun, you won't get in without showing the CHL.
Posted: Sat Sep 23, 2006 8:44 pm
by kauboy
Oddly enough, this story came up today in my CHL class(which I loved). Here's the story:
A gentelman went to the State Fair. He handed his CHL to the gaurds at the metal detectors and they followed with the normal question,
"Are you carrying a handgun sir?".
Acting a little embarrased, he answered, "Yes."
"Is it loaded?", they asked.
"Well, yeah.", he said.
They asked him to stay there. Ten minutes later, they arrived with two large police officers. The officers asked to see his CHL. They asked,
"Is this you Mr. _____?"
"Yes.", he said.
"Do you have a handgun with you?"
"Yes."
"What caliber is it?"
"Well, its a .380."
The officers looked at each other, looked back at the man, and said,
"Nope. Can't do it. That caliber just isn't big enough."
And of course, he was allowed in with no more problems.
Posted: Sun Sep 24, 2006 4:57 pm
by Kalrog
kauboy wrote:"Nope. Can't do it. That caliber just isn't big enough."
I would call that a GOOD encounter. I hope the other guy (guard) got the hint.
Posted: Wed Sep 27, 2006 11:20 am
by sf1058
I must have a really nice face, because the good people at the State Fair have let me in the past few years while carrying on my CHL!
What concerns me this year about the fair this year is, as it was reported on KRLD this morning, random searches of vehicles will be conducted. Now I'm all about everyone being safe, but I hope my vehicle isn't searched by some yahoo unfamiliar with state law as it pertains to CHL's. If the searches are conducted by the DPD, I'm wondering what statute or state law gives them the authority to conduct random searches w/o probable cause.