Carrollton Park Sign Prohibiting Guns

[MaxBerlin]

Can they do this ?

I have a CHL and my wife and I like to walk through these woods on the trails but I have seen that a number of vagrants live in these areas especially during the summer time. I've seen them coming out of the woods on to the roadways surrounding the area and last year one of their shanty campfires got away from them and burned up several acres.

I'm always a little wary we might be picked out as robbery victims from these people while making our hikes.

[Keith B]

Sign does not legally prohibit a CHL holder from carrying in the park. Even on private property this would not be a valid sign for a CHL holder. Must be a 30.06 sign. And, 30.06 is not valid on city property, with only a few exceptions.

[jbarn]

Can they do this ?

I have a CHL and my wife and I like to walk through these woods on the trails but I have seen that a number of vagrants live in these areas especially during the summer time. I've seen them coming out of the woods on to the roadways surrounding the area and last year one of their shanty campfires got away from them and burned up several acres.

I'm always a little wary we might be picked out as robbery victims from these people while making our hikes.

[ Image ]

Several things come to mind

1. "no gun" signs do not apply to CHL holders unless it meets the requirements stipulated in penal code 30.06
2. even if it was a 30.06 sign, it would not be applicable as 30.06 does not apply to locations owned or leased by a government entity.
3. State law prevents municipalities from having firearm laws more restrictive than state law

The conclusion is that the sign does not apply to you as a CHL holder.

[MaxBerlin]

I found this while looking further -

LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES
SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY
CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES

Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
(b) Subsection (a) does not affect the authority a municipality has under another law to:

(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;

So, I am guessing I am safe to carry.... but really how much legal hassle will I have to go through if this ever becomes an issue?

[Keith B]

I found this while looking further -

LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES
SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY
CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES

Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
(b) Subsection (a) does not affect the authority a municipality has under another law to:

(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;

So, I am guessing I am safe to carry.... but really how much legal hassle will I have to go through if this ever becomes an issue?

Don't overthink these. They don't apply to CHL holders.

[RoyGBiv]

... but really how much legal hassle will I have to go through if this ever becomes an issue?

Here's my thinking...

1. It's not illegal for a CHL to carry past that sign.
2. Concealed means concealed. Who's going to know?
3. If I ever need to use my gun in that park, I'm going to be much happier that I have my gun than worried I might have a cop asking me questions about that sign (and see #1 above)

As you get more confident about your concealment, you'll stop worrying about stuff like this.

[Rrash]

Those signs only apply to law-abiding criminals.

[LSUTiger]

There is a similar sign at all parks that I know of in the Sugar Land/Missouri city area. They are not 30.06 compliant. They just say "no firearms allowed"

Is that local code referenced Carrollton specific code or is that a state code related to the limits of local codes state wide that can be placed on firearms/CHL holders?

*EDIT*
State Code on Limits of Local Code

[LAYGO]

Signs like those are just to keep people from plinking in/around the area vs keeping CHL's out.

[jbarn]

Is that local code referenced Carrollton specific code or is that a state code related to the limits of local codes state wide that can be placed on firearms/CHL holders?

It is the Texas Local Government Code; http://www.statutes.legis.state.tx.us/D ... m/GV.1.htm" onclick="window.open(this.href);return false;


Applies statewide

[locke_n_load]

Those signs only apply to law-abiding criminals.

Nice one haha.

And Max, this issue should have been hammered home in your CHL class, really the only things that can bar a CHL holder from carrying are:
Legally posted 30.06 sign
51% establishments
Federal buildings (Court Houses, Post Offices, etc.)
Schools

That's about it.

And as they say, concealed means concealed.

[jbarn]

Those signs only apply to law-abiding criminals.

Nice one haha.

And Max, this issue should have been hammered home in your CHL class, really the only things that can bar a CHL holder from carrying are:
Legally posted 30.06 sign
51% establishments
Federal buildings (Court Houses, Post Offices, etc.)
Schools

That's about it.

And as they say, concealed means concealed.

Umm, there is a LOT more than that.

[WildBill]

Signs like those are just to keep people from plinking in/around the area vs keeping CHL's out.

I would bet that the ordinance is for keeping people from shooting and/or hunting in the park. This does not exceed or contradict Texas state law.

[Rrash]

Those signs only apply to law-abiding criminals.

I forgot to include BB guns. You can't carry those in that park.

[Keith B]

Those signs only apply to law-abiding criminals.

I forgot to include BB guns. You can't carry those in that park.

Sure you can, if you have a CHL and it is a BB handgun.