Is the Kemah Boardwalk an "Amusement Park"?

[Katygunnut]

I would be interested in any feedback on whether the Kemah Boardwalk area is an "Amusement Park" such that it is off limits for concealed carry. For those who are not familiar, this is an area of waterfront in Kemah (southeast of Houston) that is owned by Landry's restaurants. They have a number of restaurants, and shops, including an outdoor mall type area where they have concerts, etc. They also have a number of rides (roller coaster, other usual suspects). This area is set up with the rides year round as far as I know.

Does anyone have specific knowledge of whether this area qualifies as an Amusement park under the statute, or whether it is otherwise off limits for concealed carry?

Thanks.

Edit to add that Kemah is located in Galveston county, which has a population of 288,000 as of the 2008 census. Since this is less than 1 million, does that mean this is not an "Amusement Park" within the meaning of section 46,035 f (1)?

[Beiruty]

Amusement park needs 30.06 to be off limits, same as the hospitals. I carried there the last time I was there.

[seamusTX]

No. Kemah is not in a county with a population over a million (it's in Galveston County) and is not posted. Carry away.

No Landry's or Fertitta property is posted, except of course for the 51% bars.

- Jim

[Bullwhip]

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.


I went to Kemah one time about 8-10 years ago. Walked around, ate at Joe's, carried a gun. By the definition, it is not an amusement park.

[JJVP]

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.


I went to Kemah one time about 8-10 years ago. Walked around, ate at Joe's, carried a gun. By the definition, it is not an amusement park.

It is not posted with a 30.06 sign, therefore it is OK to carry even if it was an amusement park

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
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, at any meeting of a governmental
entity.

(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.

[rm9792]

I wish they would just remove the references to Hospitals and Amusement Parks as they confuse people and are unnecessary. May as well say Department stores and petting zoos are off limits but only if properly posted. Why even list those 2 specifically since they fall under the same rules as Walmart and any other public place?

[Katygunnut]

I wish they would just remove the references to Hospitals and Amusement Parks as they confuse people and are unnecessary. May as well say Department stores and petting zoos are off limits but only if properly posted. Why even list those 2 specifically since they fall under the same rules as Walmart and any other public place?

I was just posting the same thing (albeit slightly less eloquently) when you posted this.

[Katygunnut]

I wish they would just remove the references to Hospitals and Amusement Parks as they confuse people and are unnecessary. May as well say Department stores and petting zoos are off limits but only if properly posted. Why even list those 2 specifically since they fall under the same rules as Walmart and any other public place?

I was just posting the same thing (albeit slightly less eloquently) when you posted this.

[seamusTX]

When the CHL law was being debated in the legislature in 1995, Six Flags in Houston (now defunct) and a few other parties dug in their heels resisted it until they were put into PC 46.035.

At that time there was no PC 30.06.

The definition of amusement park in PC 46.035 is so specific because at that time, only Six Flags met the definition (county with more than 1 million population, etc.).

It was easier to slip in PC 46.035(i) than explicitly remove churches and hospitals. If you follow legislation in other states, you will see widespread terror at the prospect of allowing people to carry in churches (similar to carrying in places that serve alcoholic beverages).

- Jim

[Katygunnut]

When the CHL law was being debated in the legislature in 1995, Six Flags in Houston (now defunct) and a few other parties dug in their heels resisted it until they were put into PC 46.035.

At that time there was no PC 30.06.

The definition of amusement park in PC 46.035 is so specific because at that time, only Six Flags met the definition (county with more than 1 million population, etc.).

It was easier to slip in PC 46.035(i) than explicitly remove churches and hospitals. If you follow legislation in other states, you will see widespread terror at the prospect of allowing people to carry in churches (similar to carrying in places that serve alcoholic beverages).

- Jim

Thanks. I learn something new every day on this site.

[RPB]

I wish they would just remove the references to Hospitals and Amusement Parks as they confuse people and are unnecessary. May as well say Department stores and petting zoos are off limits but only if properly posted. Why even list those 2 specifically since they fall under the same rules as Walmart and any other public place?

Government is better at adding than subtracting when it comes to legislation.