City Ordinances

[peon]

If I am reading this correctly it states you cannot go into any Municipally-owned premises which includes cemeteries and public libraries. Is that really correct if there is not a 30.06 sign posted at the cemetery or will the 30.06 still need to be posted? Does anyone know what "Vernon's Ann. Civ. St. art. 4413" is? Is that a CHL?


Sec. 11-5. Firearms and handguns generally.
(a) Definitions. In this section the following definitions shall apply:
(1) Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include antique or curio firearms that were manufactured prior to 1899 and that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by V.T.C.A., Penal Code ch. 46.
(2) Governmental body means elected or approved representatives of the State of Texas, and its political subdivisions created pursuant to the Texas constitution and the general or special laws of the State of Texas and the committees, subcommittees, boards and commissions of the State and such political subdivisions.
(3) Handgun means any firearm that is designed, made, or adapted to be fired with one hand.
(4) Municipally-owned premises means:
-- City Hall, 108 W. Main;
-- Municipal Office Building, 108 W. Main;
-- Denison Public Library, 300 W. Gandy;
-- Senior Citizens Center, 531 W. Chestnut;
-- Central Fire Station, 700 W. Chestnut;
-- West End Fire Station, 2720 W. Morton;
-- Southside Fire Station, 3307 S. US Hwy 75-B;
-- Raynall Annex, 526 E. Maple Row;
-- Denison Garage and Maintenance facility, 810 N. Travis;
-- Fairview-Maplegrove, Oakwood or Magnolia Cemeteries;
-- Paw Paw or Grayson Airport wastewater treatment plants; or
-- Denison Waterplant or Lake Randell, excluding the parking lots, streets and sidewalks adjacent thereto.
-- Emergency Medical Vehicles.
(5) Public meeting means the assembly of a governmental body pursuant to notice required by V.T.C.A., Government Code ch. 551.
(6) Public park means recreational areas owned and maintained by the City of Denison including, but not limited to, Forrest Park, Waterloo Park, Waterloo Lake Park, T-Bar Fields, Katy Park, Martin Luther King Park, Centennial Park and Munson Park, but does not mean Lake Randell.
(b) It shall be unlawful for any person to possess any firearm: (1) while within the boundaries of a public park, unless such person is licensed and in compliance with Vernon's Ann. Civ. St. art. 4413(29ee); (2) while attending or in the presence of a public meeting; (3) while attending a political rally, political parade or official meeting of a political party or interest group; or (4) while attending a nonfirearms-related school, college or professional athletic event.
(c) It shall be unlawful for any person, including a person licensed to carry a concealed handgun under Vernon's Ann. Civ. St. art. 4413(29ee), to possess a firearm or handgun while on municipally-owned premises.
(d) It shall be unlawful for any person to discharge any firearm of any description within the city limits. This section shall not apply to the discharge of shotguns at Randell Lake in accordance with section 18-139 of this Code.
(e) Nothing herein shall be construed to prohibit the possession of a firearm by individuals licensed as law-enforcement officers of the state and its political subdivisions.
(f) Any person convicted of a violation of this section shall be punished in the manner provided by section 1-12 of this Code.
(Code 1965, § 16-11; Ord. No. 3598, § 1, 12-4-95)

[Charles L. Cotton]

I'm not sure what you are quoting, but it appears to be a municipal ordinance. If so, it is not enforceable against a CHL.

Chas.

[peon]

Yes, this is from the city ordinances. I was looking at another topic and found this in the ordinances and didn't think it could be applied so I thought I would throw it out here for some clarification.

[Captain Matt]

Like the no guns policy in Harris County parks.

[Mike1951]

Like the no guns policy in Harris County parks.

Except that even back when cities could designate prohibited locations, counties were never given that authority.

[srothstein]

And to answer your other question, the Vernon's Civil Statutes Annotated art. 4413(29ee) that the ordinance refers to was the original CHL law. It was later incorporated into the Govenrment Code and some people (like whatever city that was) did not update their laws. You will occasionally find one of the older 30.06 signs that refers to this section of law. I do not believe them to be valid since they do not meet the current wording, but I would also advise against someone testing it if it was otherwise valid. You would probably win on appeal, but I can see a judge thinking the old version was valid when it was posted and giving it credence.

[peon]

Thanks for all your answers.