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Confusion with too many rules
Posted: Thu Jan 28, 2016 12:02 pm
by DonFromTexas
For this old guy, a newbie to the Texas CC and OC rules, this can get confusing. I have made myself check for the applicable signs at entrances everywhere I go, but I just realized this morning that last Sunday I had CC in a church! No signs on the doors, so thought I was OK, and was happy that the church allowed CC and OC. I guess I need to run off a list of no carry places and carry it with me, or just memorize the list and avoid those places..
Re: Confusion with too many rules
Posted: Thu Jan 28, 2016 12:02 pm
by Jago668
You can carry in a church now.
Re: Confusion with too many rules
Posted: Thu Jan 28, 2016 12:04 pm
by Abraham
As long as it's not posted 30.06.
Some church's are and some aren't...
Re: Confusion with too many rules
Posted: Thu Jan 28, 2016 12:12 pm
by joelamosobadiah
Ultra simplistic....
Locations that are prohibited by signage
30.06 (concealed), 30.07 (open), TABC 50%
Locations that are statutorily off limits
Educational institutions
Courts and Offices utilized by the courts
Professional sporting events
Correctional facility
Polling places
Racetrack
Secured area of an airport
Note TABC 50% locations are off limits regardless of proper signage being posted.
Re: Confusion with too many rules
Posted: Thu Jan 28, 2016 12:13 pm
by cbunt1
It does feel a bit overwhelming at first. I remember the constant wondering about whether I was "OK" to carry.
This is oversimplifying, but frankly the places you can't carry are few enough to be an exception rather than the rule.
For most people, certain restaurants/bars, picking up the kids at school, going to the post office, and renewing the tags on your car are the most common "Maybe" questions.
Post Office is a no-go -- Federal Property
Car tags/title -- MAY be in a building that's off-limits (Lots of questions there) due to courtrooms or offices
Picking up the kids/grandkids at school -- Generally fine as long as you're staying in your car.
Restaurants: As long as it's not a 51% location, and it's not posted with 30.06 or 30.07, it's fine.
This is a GROSS oversimplification, but I find that it covers 80% of the "oh really? I can do that?" for the brand new carrier.
As always, this forum is a great resource for those questions.
Re: Confusion with too many rules
Posted: Thu Jan 28, 2016 12:14 pm
by Pawpaw
PC §46.035 wrote:PC §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 displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person:
(1) on the premises of an institution of higher education or private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
(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 or carried in a shoulder or belt holster, 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 facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility 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 or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
(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 or carried in a shoulder or belt holster.
(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.
======snip======
(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 or 30.07.
Re: Confusion with too many rules
Posted: Thu Jan 28, 2016 12:17 pm
by ScottDLS
joelamosobadiah wrote:Ultra simplistic....
Locations that are prohibited by signage
30.06 (concealed), 30.07 (open), TABC 50%
Locations that are statutorily off limits
Educational institutions
Courts and Offices utilized by the courts
Professional sporting events
Correctional facility
Polling places
Racetrack
Secured area of an airport
Note TABC 51% locations are off limits regardless of proper signage being posted.
Note you have a statutory DEFENSE TO PROSECUTION if 51% sign is not posted. Just like you have a DEFENSE for carrying a handgun if you have a LTC...
Re: Confusion with too many rules
Posted: Thu Jan 28, 2016 12:19 pm
by joelamosobadiah
ScottDLS wrote:joelamosobadiah wrote:Ultra simplistic....
Locations that are prohibited by signage
30.06 (concealed), 30.07 (open), TABC 50%
Locations that are statutorily off limits
Educational institutions
Courts and Offices utilized by the courts
Professional sporting events
Correctional facility
Polling places
Racetrack
Secured area of an airport
Note TABC 51% locations are off limits regardless of proper signage being posted.
Note you have a statutory DEFENSE TO PROSECUTION if 51% sign is not posted. Just like you have a DEFENSE for carrying a handgun if you have a LTC...
Oh yeah, I forgot about that.
Re: Confusion with too many rules
Posted: Thu Jan 28, 2016 12:25 pm
by ScottDLS
And sorry to OP for confusing the issue further. Joel's summary was very good...I just like to see myself type...
Re: Confusion with too many rules
Posted: Thu Jan 28, 2016 12:35 pm
by cbunt1
ScottDLS wrote:And sorry to OP for confusing the issue further. Joel's summary was very good...I just like to see myself type...
Agreed -- Joel covered it far better than I did!
I know it's confusing -- heck, I teach it, and it can be confusing when you get into the intricacies of it. That's why I like to summarize it as best as possible!
Re: Confusion with too many rules
Posted: Thu Jan 28, 2016 4:33 pm
by zatoman
Add Post Office to the list.
Re: Confusion with too many rules
Posted: Fri Jan 29, 2016 9:40 am
by stash
Could someone explain the difference between a hospital licensed under Chapter 241, health & safety code and hospital not licensed under Chapter 241?
Re: Confusion with too many rules
Posted: Fri Jan 29, 2016 10:03 am
by joelamosobadiah
stash wrote:Could someone explain the difference between a hospital licensed under Chapter 241, health & safety code and hospital not licensed under Chapter 241?
Since hospitals have to be posted to be off limits, there is no practical difference between the two.
Re: Confusion with too many rules
Posted: Fri Jan 29, 2016 10:52 am
by stash
Thanks joe.
Re: Confusion with too many rules
Posted: Fri Jan 29, 2016 11:31 am
by ralewis
I think all the replies have reinforced the OP's original point....