Dallas Zoo’s gun ban found to be legal by Texas AG

[chamberc]

How much do you want to bet this gets extended to the Texas State Fair and Fair Park?

Unsure of Number of Acres there, per the definition

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
"Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

http://bigtex.com/info/faq/

May I bring…
…a gun? No, with one exception.
A person holding a valid Texas Concealed Handgun License (or valid CHL from a reciprocating state) is permitted to enter onto State Fair property with his/her concealed handgun; provided, however, that CHL holders will not be permitted to carry their concealed handgun inside the Cotton Bowl Stadium, 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.” Note that the State Fair of Texas does not provide lockers for the storage or checking of weapons for CHL holders, so if you plan to attend a game or event in the Cotton Bowl, please secure your weapon at home or in your vehicle prior to entering the fairgrounds. We want the fair to be a fun and safe experience.

…open carry? Yes.
State Fair of Texas’ policy will be similar to our policy for Concealed Handgun License Holders. The State Fair of Texas leases property owned by the City of Dallas and does not fall into any of the exception categories (amusement park, etc.) that would allow us to prohibit the carrying of handguns, so we will be allowing “open carry” according to the Texas statutes. However, we will still prohibit handguns in the Cotton Bowl Stadium under the collegiate athletic event exception.

The Big Tex FAQ is all based on the way it was prior to this decision. They had previously strongly tried to enforce 3006 years ago. Surface area will not be a problem as fair park is over 75 acres. The big deal will be the 120 day clause.

[Jusme]

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
"Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.





This should exclude the Ft. Worth Zoo since the acreage is less than 75. That doesn't mean they won't try to use the amusement park exemption when their "education facility" exemption is denied.

[casp625]

"Amusement park" means a permanent indoor or outdoor facility or park... . The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Oh so there was wording... amusement park does not include the sidewalk or walkways. The zoo is primarily sidewalks, sounds good.

[Soccerdad1995]

"Amusement park" means a permanent indoor or outdoor facility or park... . The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Oh so there was wording... amusement park does not include the sidewalk or walkways. The zoo is primarily sidewalks, sounds good.

Also does not include "walkways". Whether they are public or private.

[NotRPB]

"Amusement park" means a permanent indoor or outdoor facility or park... . The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Oh so there was wording... amusement park does not include the sidewalk or walkways. The zoo is primarily sidewalks, sounds good.

Also does not include "walkways". Whether they are public or private.

So don't carry inside a cage or portion of a cage, where kids are being educated ...(joking)

[Mel]

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
"Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

What makes you think that Fair Park isn't open for operation more than 120 days/year?

[Jusme]

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
"Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

What makes you think that Fair Park isn't open for operation more than 120 days/year?

It is but it doesn't have amusement rides permanently installed. They are only there during the State Fair

[locke_n_load]

Since Dallas zoo is now an amusement park, and
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(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:
(5) in an amusement park; or
...
(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.

applies

If I were to visit there in a few months after going to the church my Cousin Pastors there, I'll have to carry my big purse or briefcase (sigh)
since there's no "Amusement Park" restriction on those.

Those MomsDemand hoplophobic nutty people are a pain in the... shoulder (from the added weight)

I think you are misreading the statute. You cannot carry concealed, or in an exposed shoulder or belt holster.

[NotRPB]

Since Dallas zoo is now an amusement park, and
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(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:
(5) in an amusement park; or
...
(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.

applies

If I were to visit there in a few months after going to the church my Cousin Pastors there, I'll have to carry my big purse or briefcase (sigh)
since there's no "Amusement Park" restriction on those.

Those MomsDemand hoplophobic nutty people are a pain in the... shoulder (from the added weight)

I think you are misreading the statute. You cannot carry concealed, or in an exposed shoulder or belt holster.

Respectfully Disagree:
I think you are misreading the statute. I cannot as a licensee, carry a handgun there
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
I'll not be carrying a handgun, but my concealed rifle, (a concealed carbine rifle, not a handgun) about which there's no law prohibiting at amusement parks
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm


Sec. 46.03. PLACES WEAPONS PROHIBITED. pertains to "all firearms" not just handguns, and "Amusement parks" is not a prohibited location listed in Sec. 46.03

Amusement parks are only off limits if posted 30.06/30.07 and only to licensees carrying handguns, not carbines concealed, for which no license is required and to which 30.06/30.07 do not apply

[Solaris]

I carried the Sub2000 years ago when the 30.06 signs first when up.

[Oldgringo]

Well, I reckon that's another place I won't be visitin' any time soon?

[NotRPB]

I carried the Sub2000 years ago when the 30.06 signs first when up.

Since my uncle goes to Seton hospital nearly weekly and they just recently posted the "signs" here, I carry mine several times a week now, glad magazines are interchangeable with my handgun I'm forced to store in the car.

[Mel]

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
"Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

What makes you think that Fair Park isn't open for operation more than 120 days/year?

It is but it doesn't have amusement rides permanently installed. They are only there during the State Fair

What? You think they take down the ferris wheels, the roller coaster, the bumper cars, the tilt-a-whirl, and all the other rides after the fair? Things must have changed. When I was a kid, we used to go to fair park all summer just to ride the rides. Do they not do that any more?

[Soccerdad1995]

I'm thinking of filing a false / misleading advertising complaint with the AG given that this new Dallas Amusement park is using the name "zoo" in their title, when they are, in fact merely a low end amusement park. Probably wouldn't get far but might be interesting to see the response.

[ScottDLS]

http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
"Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

What makes you think that Fair Park isn't open for operation more than 120 days/year?

It is but it doesn't have amusement rides permanently installed. They are only there during the State Fair

What? You think they take down the ferris wheels, the roller coaster, the bumper cars, the tilt-a-whirl, and all the other rides after the fair? Things must have changed. When I was a kid, we used to go to fair park all summer just to ride the rides. Do they not do that any more?

The amusement rides aren't open 120 days a year. I suspect the law was written specifically with the State Fair in mind. They can try, but doubt they'll get a favorable ruling from AG.