TexasCHLforum.com

I recently downloaded the mobile app CCW. In it, it is quoting the code listed below that says it’s illegal to carry in churches or hospitals. I thought that those were stricken a few years ago. Specifically they now allow people to act as security guards at churches and carry weapons without being licensed by PSP. Can somebody validate whether it you’re allowed to carry on churches and hospital grounds as long as they don’t have a 30.06/7 sign or not?

Sec. 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.

Thank you.

If the church has a preschool, is that considered a school?

Not in my experience. The one I have experience with in fact sent out letters asking parents to not open carry even though they know legally it is allowed. And this one is housed in a church.

PJK wrote: ↑Thu Aug 02, 2018 6:05 pm If the church has a preschool, is that considered a school?

It is generally thought that unless a "school" is accredited by the state of Texas then it is not recognized as a school in regards to carry. This leaves you with the traditional public schools Pre K -12 (including early childhood) and private schools that have accreditation through an organization that is recognized by TEA (i.e. South Associations of Colleges and Schools and others) and maybe a few trade schools that you can't carry into the premise.

While I don't think there has ever been a definitive statute or code found directly referencing the definition, there have been several citations from other statutes that seem to validate this view. You'd have to do a search to see the previous discussions.

Some churches house accredited private schools so the issue becomes even more clouded as to when is it a school and when is it a church or what part of the building specifically is considered the school or church. It must not be a pressing issue for the legislature as they have not addressed it since CHL was begun in Texas and, to my knowledge, has never been tested.

Of course, from watching the testimony for volunteer church security carry, the legislators may not even know there is a question as some on the committee were seemingly surprised volunteer carry was an issue in the first place.