Current Law Quick Reference Card???????

[TxBlonde]

SIX Flags Does not require a sign it operates more than 180 days... and Yes hospital and medical are now restricted

Fairs and Carnivals are not amusement parks

[sjfcontrol]

SIX Flags Does not require a sign it operates more than 180 days... and Yes hospital and medical are now restricted

Fairs and Carnivals are not amusement parks

Six flags IS an amusement park, and DOES need 30.06 notification to restrict carry
Hospitals are NOT restricted unless 30.06 posted
Fairs and Carnivals are not amusement parks (i agree with this)

Read 46.035(i), which states that amusement parks, churches, hospitals, and gov't meetings DO need to post 30.06 to restrict carry.

[TxBlonde]

http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly posTEXAS
CONCEALED HANDGUN LAWS PC §46.03. 39
sesses or goes with a firearm, illegal knife, club, or prohibited weapon
listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution,
any grounds or building on which an activity sponsored by a school or
educational institution is being conducted, or a passenger transportation
vehicle of a school or educational institution, whether the school or
educational institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or
while early voting is in progress;
(3) on the premises of any government court or offices utilized by
the court, unless pursuant to written regulations or written authorization
of the court;
(4) on the premises of a racetrack; or
(5) in or into a secured area of an airport.
(6) within 1,000 feet of premises the location of which is designated
by the Texas Department of Criminal Justice as a place of
execution under Article 43.19, Code of Criminal Procedure, on a day
that a sentence of death is set to be imposed on the designated
premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed
under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within
1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that
the actor possessed a firearm while in the actual discharge of his official
duties as a member of the armed forces or national guard or a
guard employed by a penal institution, or an officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
(2) "Secured area" means an area of an airport terminal building
to which access is controlled by the inspection of persons and property
under federal law.
(d) It is a defense to prosecution under Subsection (a)(5) that the
actor possessed a firearm or club while traveling to or from the actor's
place of assignment or in the actual discharge of duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Private Security
Board if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(4) a security officer who holds a personal protection authorization
under Chapter 1702, Occupations Code, provided that the officer
is either:
(A) wearing the uniform of a security officer, including any uniform
or apparel described by Section 1702.323(d), Occupations Code,
and carrying the officer's firearm in plain view; or
(B) not wearing the uniform of a security officer and carrying
the officer's firearm in a concealed manner.
40 PC §46.035. TEXAS CONCEALED HANDGUN LAWS
(e) It is a defense to prosecution under Subsection (a)(5) that the
actor checked all firearms as baggage in accordance with federal or
state law or regulations before entering a secured area.
(f) It is not a defense to prosecution under this section that the actor
possessed a handgun and was licensed to carry a concealed handgun
under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4) that the
actor possessed a firearm or club while traveling to or from the actor's
place of assignment or in the actual discharge of duties as a security
officer commissioned by the Texas Board of Private Investigators and
Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection (a)(6) that the
actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road; or
(2) at the actor's residence or place of employment.

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 fails to conceal the handgun.
(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, 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 home licensed
under Chapter 242, Health and Safety Code, unless the license
holder has written authorization of the hospital or nursing home
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
TEXAS CONCEALED HANDGUN LAWS PC §46.035. 41
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, at any meeting of a governmental
entity.
(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.
(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.
(f) In this section:
(1) "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.
(2) "License holder" means a person licensed to carry a handgun
under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a building. The
term does not include any public or private driveway, street, sidewalk
or walkway, parking lot, parking garage, or other parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A
misdemeanor, unless the offense is committed under Subsection
(b)(1) or (b)(3), in which event the offense is a felony of the third
degree.
(h) It is a defense to prosecution under Subsection (a) that the
actor, at the time of the commission of the offense, displayed the
handgun under circumstances in which the actor would have been
justified in the use of deadly force under Chapter 9.
[double amendment to same provision]
(h-1) *[as added by Acts 2007, 80th Leg., R.S., HB 1889.] It is a defense to
prosecution under Subsections (b) and (c) that the actor, at the time of
the commission of the offense, was:
(1) an active judicial officer, as defined by Section 411.201,
Government Code; or
(2) a bailiff designated by the active judicial officer and engaged
in escorting the officer.
(h-1) *[as added by Acts 2007, 80th Leg., R.S., HB 2300.] It is a defense to
prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at
the time of the commission of the offense, the actor was:
42 PC §46.04. TEXAS CONCEALED HANDGUN LAWS
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section 411.201,
Government Code; or
(3) a district attorney, assistant district attorney, criminal district
attorney, assistant criminal district attorney, county attorney, or assistant
county attorney.
(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.
(j) Subsections (a) and (b)(1) do not apply to a historical reenactment
performed in compliance with the rules of the Texas Alcoholic
Beverage Commission.
(k) It is a defense to prosecution under Subsection (b)(1) that the
actor was not given effective notice under Section 411.204, Government
Code.

[carlson1]

Yes hospital and medical are now restricted

Only if the post a correct 30.06 sign.

[TxBlonde]

I have asked an LEO on this on and if you carry in a hospital you will go to JAIL

[TxBlonde]

THE law changed in the 2009 - 2010. I also just renewed my CHL in January and was told this. HE EVEN SAID that it changed and not to chance it.

[carlson1]

The LEO is WRONG! The hospital MUST POST 30.06 signage to be off limits.

[TxBlonde]

I have to disagree with you with what I see in what I copied and post above it says no hospitals or Nursing homes to me

[sjfcontrol]

DID YOU READ 46.035(I)???

[Keith B]

with Carlson. And the law DID change, but it was in 2007 and it added section (i) in 46.035 that requires Hospitals, Churches and Amusement Parks (that meet the definition of an Amusement Park) to post 30.06 signs. You need to read further. The LEO and your instructor are definitely wrong and they need to be advised of such.

Here is the verbiage you can read for yourself http://law.onecle.com/texas/penal/46.035.00.html" onclick="window.open(this.href);return false;

EDIT TO ADD: Or, just read further in your post above. If you are going to quote statutes, you need to read it all.

[carlson1]

(4) on the premises of a hospital licensed under Chapter 241,
Health and Safety Code, or on the premises of a nursing home licensed
under Chapter 242, Health and Safety Code, unless the license
holder has written authorization of the hospital or nursing home
administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established
place of religious worship.

(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.

Read the law you posted.

Carl

[TxBlonde]

Then why was I told we con not... They really need need make these laws to where they talk backwards and inside out... To many lawyers in this. IT needs to be more clear

[TxBlonde]

That or LEO's need to CEC Just for CHL's every two years because I do not think it is right that a might be arrested be something a cops thinks is a law..... Because it will still cost money to get out of jail. Have to hire an attorney defend me because only a fool depends them-self... and then I will still have that on my arrest record

[Keith B]

Then why was I told we con not... They really need need make these laws to where they talk backwards and inside out... To many lawyers in this. IT needs to be more clear

You were told that because they failed to keep up with the law. I can kind of understand a LEO not knowing about the change after 4 years, but any instructor that is still teaching that these are off limits is inadequate to be teaching CHL in my opinion.

And, this is the way they amend statutes, so something we have to live with.

[sjfcontrol]

That or LEO's need to CEC Just for CHL's every two years because I do not think it is right that a might be arrested be something a cops thinks is a law.....

And then you'd have cause for a civil-rights violation charge against the officer and/or the department that arrested you.