CHL at the County Jail

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WhiteHawk
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CHL at the County Jail

Post by WhiteHawk »

Several times a week I am visiting a family member who is currently in jail. I realize carrying a firearm inside the jailhouse is not the smartest thing in the world to be doing, and I'd certainly never entertain that idiotic thought.... however, I'm curious to know if locking the firearm inside my vehicle while I go in to visit is legal, or not. The vehicle would be parked in the parking lot of the jail house. I am thinking carrying a firearm onto any portion of that property by a civilian - regardless of being a CHL holder, or not - would be against the law...... I did, just out of curiosity sake, ask a female LEO this question, and she told me as long as I have my CHL, and the weapon was secured in my locked vehicle, then everything was fine - no worry..... I'm still not convinced.... anyone know if it's cool to carry a firearm onto a county jail's property - even if it's locked in a console, or some other safety device designed specifically for securing a firearm in a vehicle, or not? Hopefully that makes sense......it is about a fifty mile round-trip for me to visit this person, and I usually run errands before and after the visitation, and I'm not too keen on the thought of having to leave my weapon at home during these trips.
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seamusTX
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Re: CHL at the County Jail

Post by seamusTX »

As far as I can tell, the applicable law is Penal Code 46.035:
(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:...
(3) on the premises of a correctional facility;

(f) In this section:...
(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.
As usual, IANAL, etc.

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Re: CHL at the County Jail

Post by MoJo »

The way it was explained to me if there is no fence around the parking lot you're OK. If it is a secure portion of the facility (you need a visitor's badge/escort) or you are checked in and out by a guard then it's a no no.

Again, IANAL YMMV.
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Re: CHL at the County Jail

Post by WhiteHawk »

From what I got out of that - a "parking lot" is an exception, and not considered part of the 'premise'.... that sound right to you?
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Re: CHL at the County Jail

Post by E.Marquez »

WhiteHawk wrote:From what I got out of that - a "parking lot" is an exception, and not considered part of the 'premise'.... that sound right to you?
That is how I read the P.C. qouted.. but of course IANAL
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WildBill
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Re: CHL at the County Jail

Post by WildBill »

Is a County Jail a "correctional facility"?
I found the answer.

PENAL CODE
TITLE 1. INTRODUCTORY PROVISIONS
CHAPTER 1. GENERAL PROVISIONS

"Correctional facility" means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes:

(A) a municipal or county jail;

(B) a confinement facility operated by the Texas Department of Criminal Justice;

(C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and

(D) a community corrections facility operated by a community supervision and corrections department.
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seamusTX
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Re: CHL at the County Jail

Post by seamusTX »

Thanks for the clarification, Bill.

I figured "correctional facility" was bureaucratese for "hoosegow."

My only experience with this kind of facility are the old and new Galveston County jails. In both cases, you could or can walk up to the door without passing any kind of checkpoint.

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Re: CHL at the County Jail

Post by KC5AV »

If the same rules apply to state and county facilities, you are fine to leave it in your vehicle.
While I'm not a lawyer, I've left my weapon in my vehicle while visiting an individual in a state prison.
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WildBill
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Re: CHL at the County Jail

Post by WildBill »

seamusTX wrote:I figured "correctional facility" was bureaucratese for "hoosegow."
Judge: "I am sentencing you for a period of not less than one and no greater than five years in the hoosegow." :mrgreen:

If there ever was a perfect example of a euphemism, "Correctional Facility" might be it.
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seamusTX
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Re: CHL at the County Jail

Post by seamusTX »

It seems not much correction goes on in those places. :grumble

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WildBill
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Re: CHL at the County Jail

Post by WildBill »

The CHL course covers a lot of complicated, and sometimes confusing material, in just 10 hours. In addition, sometimes the instructors don't always give the correct information to the students.
Besides that, I think that the TexasCHLForum is a wonderful place to fish. :tiphat:
Last edited by WildBill on Tue Apr 13, 2010 9:06 am, edited 1 time in total.
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Re: CHL at the County Jail

Post by txcshooter »

I agree WildBill.

BTW, does leaving your gun in a secured vehicle mean your gun is locked in something in your vehicle AND your vehicle is locked? Or does it mean that your gun is hidden in your vehicle while the vehicle is locked? :headscratch
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Re: CHL at the County Jail

Post by WhiteHawk »

I believe I have my answer now...thanks to all the 'polite' responses - the parking lot is not considered part of the 'premise'.... and to answer your question - for me personally, I have a kevlar bag made by Beretta that is designed specifically for securing a weapon in a vehicle... the bag is secured to the seat with a cable and padlock, the gun is placed in the bag, then the bag itself is locked with a padlock, it is then placed under the seat, and the vehicle is then locked... thanks again... hopefully, this is the place to come ask CHL related questions.
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Re: CHL at the County Jail

Post by sjfcontrol »

WildBill wrote:e
Besides that, I think that the TexasCHLForum is a wonderful place to fish. :tiphat:

So, any luck? What's biting today?? :biggrinjester:
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Re: CHL at the County Jail

Post by texjames »

Not too off topic but i know someone (family member) had CHL in Alabama, left a bar after a few beers and got pulled over by a cop.
He was carrying his pistol in his boot.Well he did not want to tell the cop about his concealed handgun as he knew he was already in trouble.
He spent the night in jail, saw the JP next morning. paid fine and left, with handgun still in boot.He got lucky i guess.
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