CHL on Public Transportation

[MeMelYup]

I was looking at the DPS CHL website and noticed this opinion of the Attorney General. After reading it and observing the date, I am trying to decide what parts if any are still valid. http://www.txdps.state.tx.us/RSD/CHL/Le ... .htm#rapid
Do we need to ask DPS to remove this item?

[C-dub]

I don't think it matters whether anyone asks them to remove it or not. It is no longer meaning full and superfluous. They wouldn't remove it anyway. That is one reason why the code itself is so difficult for some/many to read and decipher. They don't remove anything and instead just make exceptions further down.

[LabRat]

A resonable question. Lots of things change over time.

Are you having an issue with a Rapid Transit entity trying to keep concealed carriers off their conveyances?

I don't know the answer to your question. DPS might know, but maybe the current Texas Attorney General would be a better place to start.

Dan Morales (now a convicted felon IIRC) was never happy with the CHL in Texas.

If you read many of his opinions, that theme comes out time and time again (or at least it does to me).

It would be nice if the current AG would go back and review those in light of changes to the law over time and in light of any new case law that's been developed.

Is that a question We the People can ask or does it have to come from a Senator or Congressman? I dunno.

Edit: TX AG Webpage: Attorney general opinions are written only at the request of certain officials, called authorized requestors.
Section 402.042 of the Texas Government Code lists the authorized requestors of an attorney general opinion.

LabRat

[speedsix]

...I wonder if the AG's opinion carrys more weight than caselaw...and I doubt it...

[tbrown]

https://www.oag.state.tx.us/opin/" onclick="window.open(this.href);return false;

An attorney general opinion is a written interpretation of existing law. The Texas Constitution and section 402.042 of the Texas Government Code grant the attorney general authority to issue attorney general opinions.

Courts have stated that attorney general opinions are highly persuasive and are entitled to great weight. However, the ultimate determination of a law's applicability, meaning or constitutionality is left to the courts.

[MeMelYup]

I do not have a problem with public transportation, I possibly would if I lived in a high population (Metro type) area. The opinion is there and could be a large confusion factor. Go to http://www.txdps.state.tx.us/, click on Concealed Handguns, and highlight Laws & Regulations. One of the 5 choices is Attorney Generals Opinions. There are 2 opinions dated 1995, (1)Opinion on the prohibition of guns at places of business. (2)Opinion on the prohibition of concealed handguns on rapid transportation and in city parks. The laws have been updated but not the opinions.

[Keith B]

In Texas, if the rapid transit is ran a governmental agency, then they cannot prohibit carry by a licensed CHL. The AG opinions pre-date the exclusion of governmental entities being able to prohibit concealed carry. Just look at the section taking about them being able to prevent someone from carrying in a public park.

Now, some states DO limit you. For instance, in Missouri a CHL holder cannot carry on a bus.

[MeMelYup]

In Texas, if the rapid transit is ran a governmental agency, then they cannot prohibit carry by a licensed CHL. The AG opinions pre-date the exclusion of governmental entities being able to prohibit concealed carry. Just look at the section taking about them being able to prevent someone from carrying in a public park.

Now, some states DO limit you. For instance, in Missouri a CHL holder cannot carry on a bus.

Wonder how that applies to private enterprise under city/county contract?

[RPB]

In Texas, if the rapid transit is ran a governmental agency, then they cannot prohibit carry by a licensed CHL. The AG opinions pre-date the exclusion of governmental entities being able to prohibit concealed carry. Just look at the section taking about them being able to prevent someone from carrying in a public park.

Now, some states DO limit you. For instance, in Missouri a CHL holder cannot carry on a bus.

Wonder how that applies to private enterprise under city/county contract?

Like Citibus ? at Lubbock/Texas Tech ... Citibus-Lubbock Transit Authority?
http://www.citibus.com/aboutus.html" onclick="window.open(this.href);return false;

Citibus is the public transportation provider for the City of Lubbock. Lubbock has had public transportation since 1932, when the Lubbock Bus Company began operations. The company went through several owners, but in 1971 the City began to subsidize the system

Citibus is professionally managed by McDonald Transit Associates, Inc. McDonald Transit Associates is based in Fort Worth, Texas, and professionally manages transit properties across the United States.

It's a safe place

[Texgun]

At Texas A&M University the bus system is owned and operated by the university. I don't think I would feel comfortable getting on the bus armed based on the way the law reads under 46.03. What say the forum members?

[MeMelYup]

At Texas A&M University the bus system is owned and operated by the university. I don't think I would feel comfortable getting on the bus armed based on the way the law reads under 46.03. What say the forum members?

Until the law is changed that is a school bus.