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City revised park rules, success!

Posted: Fri Jun 21, 2013 2:12 pm
by unicyclist
I recently moved back to Texas after my 5 years in NC with the military. I moved to a small city SE of Houston (Friendswood).

I noticed that the city parks (with exception of one or two) had the magic gun buster rule listed on the the park rules board as you enter the parks.

I knew that as a CHL holder, no matter what sign a city wants to post at the park, I can still carry. I went to the Parks and Recreation office and was told that the Parks and Recreation office that it is upon CHL holder to know the law, even if the park signs say different. I do know that it is upon the individual CHL holder to know the law, but it is wrong for the city to pass of a rule as law. I called the individual park office and spoke with a LEO that was assigned to the park. He said that I am prohibited from carrying, even with a CHL. I asked the Parks and Rec office to change the wording, and received an email saying they had no intention of changing the wording and it would NOT be brought up in any meeting. I sent emails to the city officials asking for the issue to be brought up at a meeting, and had semi-success with the replys.

I got caught up with life after I sent the last emails. I started this three months ago, and decided to go for a run at one of the parks. NEW SIGNS! The wording was changed from "Firearms are strictly prohibited" to "Firearms are strictly prohibited unless otherwise permitted by state law." Pictures below
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Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 2:17 pm
by nightmare69
Good job but does unless its a 30.06 it does not matter what the sign says.

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 2:23 pm
by Keith B
nightmare69 wrote:Good job but does unless its a 30.06 it does not matter what the sign says.
Doesn't matter if it is a 30.06 sign either in a City owned park.

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 2:25 pm
by cb1000rider
I'd work on that LEO. He's the one you have to worry about. If (reference above) is his understanding, he'll likely arrest on sight.

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 2:26 pm
by nightmare69
Keith B wrote:
nightmare69 wrote:Good job but does unless its a 30.06 it does not matter what the sign says.
Doesn't matter if it is a 30.06 sign either in a City owned park.
You see my gun show thread? Does the above mean I can legally carry there cause it is a city owned building even though its posted?

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 2:31 pm
by cb1000rider
You can carry unless they post 30.06 language or it's otherwise prohibited.
They should not be able to post 30.06 language on state or city owned property.

Regardless, the intention is clear. You've also talked to a LEO that indicates he's willing to do something about it.

This is going to be another case of - you can legally carry, you may be arrested, likely you will not be convicted.

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 2:44 pm
by Keith B
nightmare69 wrote:
Keith B wrote:
nightmare69 wrote:Good job but does unless its a 30.06 it does not matter what the sign says.
Doesn't matter if it is a 30.06 sign either in a City owned park.
You see my gun show thread? Does the above mean I can legally carry there cause it is a city owned building even though its posted?
That is an area where there is no case law. The reason being is the 30.06 is posted by the company that puts the gun show on, not the city/owner of the building. General consensus says that they can't enforce a 30.06 on city property, but that is one of those areas where you might have to fight it legally and spend a lot of money if they decide to arrest you. Use the search function and see the myriad of other times this has been discussed about 30.06 at a gun show in a city owned building.

If you decide you want to be a test case, we will give you all the moral all support we can afford.... :thumbs2:

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 2:53 pm
by nightmare69
Keith B wrote:
That is an area where there is no case law. The reason being is the 30.06 is posted by the company that puts the gun show on, not the city/owner of the building. General consensus says that they can't enforce a 30.06 on city property, but that is one of those areas where you might have to fight it legally and spend a lot of money if they decide to arrest you. Use the search function and see the myriad of other times this has been discussed about 30.06 at a gun show in a city owned building.

If you decide you want to be a test case, we will give you all the moral all support we can afford.... :thumbs2:
If I see a valid 30.06 I will not carry regardless if its not legal to post it. I will have my unloaded, zip tied, firearm on me though cause if I was a criminal and wanted to steal guns I would go to a gun show parking lot.

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 3:28 pm
by cb1000rider
nightmare69 wrote:if I was a criminal and wanted to steal guns I would go to a gun show parking lot.
I'm pretty sure that it would be the last place on my list!

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 3:37 pm
by nightmare69
cb1000rider wrote: I'm pretty sure that it would be the last place on my list!
Why? The ones here are posted so no one will be armed and they would be forced to leave their firearm in their vehicle. No ammo allowed in the building by customers so the guns people carry inside or what they bought would be unloaded. No parking lot security, sounds like a easy target to me.

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 3:42 pm
by cb1000rider
Primarily because CHLs aren't always just "good witnesses". There are a few that are locked, loaded, and ready to take action if they roll up on a crime in progress. Want references? :-)

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 3:45 pm
by nightmare69
cb1000rider wrote:Primarily because CHLs aren't always just "good witnesses". There are a few that are locked, loaded, and ready to take action if they roll up on a crime in progress. Want references? :-)
If they are locked and loaded inside a posted gun show then I guess they have the money to be a test case. I spend at least 2hrs inside the show and that is plenty of time for someone to smash and grab.

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 4:07 pm
by Reserve161
"Firearms are strictly prohibited unless otherwise permitted by state law."

I think the highlighted phrase is the key.
To the uninitiated masses this means no guns. To us as CHL holders, this is a nod to
the state law that allows us to carry, and thus should prevent arrest on that city-owned
property by an uninformed (about 30.06 or even "no guns") LEO.

I'm not a lawyer, but that is what I deduce from the change in wording of the sign...

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 4:27 pm
by chuck j
You have done good work unicyclist , from indications I receive on the forum good work should be encouraged , thank you .
PS Welcome to the forum .

Re: City revised park rules, success!

Posted: Fri Jun 21, 2013 6:07 pm
by unicyclist
Reserve161 wrote:"Firearms are strictly prohibited unless otherwise permitted by state law."

I think the highlighted phrase is the key.
To the uninitiated masses this means no guns. To us as CHL holders, this is a nod to
the state law that allows us to carry, and thus should prevent arrest on that city-owned
property by an uninformed (about 30.06 or even "no guns") LEO.

I'm not a lawyer, but that is what I deduce from the change in wording of the sign...
I think the wording allows for the carry of long guns, which would be prohibited with the prior sign. State law does permit open long gun carry after all.