TexasCHLforum.com

I know all material I have read on this has specified no CHL 100 feet from elections. At DPS Instructor Training they said the same warning that says no campaigning beyond this line is the 100 foot for guns too. I can only find in the Texas Penal Code no CHL on PREMISES of where elections are held on day of elections. Yet, the 100 foot is in too many articles to have been made up. Is there anywhere in the penal code that specifies 100 feet for polling centers?

Sec. 46.03. PLACES WEAPONS PROHIBITED.

(a) (2) on the premises of a polling place on the day of an election or while early voting is in progress;

(c) In this section:(1) "Premises" has the meaning assigned by Section 46.035.

apostate wrote:Sec. 46.03. PLACES WEAPONS PROHIBITED.

(a) (2) on the premises of a polling place on the day of an election or while early voting is in progress;

(c) In this section:(1) "Premises" has the meaning assigned by Section 46.035.

Please reread my question. I know we may not carry on premises of elections. I was asking where the 100 foot rule is found.
Thank you.

Exactly. It's tough to find a law that doesn't exist. http://www.statutes.legis.state.tx.us/S ... se=handgun" onclick="window.open(this.href);return false;

Voters can't use a cell phone though... http://www.statutes.legis.state.tx.us/D ... /EL.61.htm" onclick="window.open(this.href);return false;

apostate wrote:Exactly. It's tough to find a law that doesn't exist.

Can't use a cell phone though... http://www.statutes.legis.state.tx.us/D ... /EL.61.htm" onclick="window.open(this.href);return false;

Not just not use a cell phone, It must be turned off. I have been an election judge and we have had to tell people to leave or take their phones to their vehicles. The issue isn't just one of making and receiving call, it is also about photographic capability as that is illegal in the polling places. In googling, I am finding most states have a 100 foot rule about firearms. The same is said about Texas, though no citation... The Texas Elections Rule defines the premises as 100 feet from where elections will be, so I am trying to find if this is actually enforceable. Not that any of us want to be the test case.

When I went to vote early, I was careful to park outside the perimeter formed by campaign signs.

There were several candidates, including our constable, who observed my difficulty walking with a cane. They all wanted me to drive up to the door and park there while voting.

I tried to explain that I needed to stay outside the signs, but they were persistent. i finally told the constable that I was already feeling naked, but the handgun in my truck needed to stay outside the signage.

He still tried to tell me it would be ok, but I walked the extra distance.

(BTW), I had thought it was 150'

You are going to have to park more than 100 feet from the polling place in most instances. Just lock your blaster in the vehicle turn your phone off or, leave it too, go inside and vote. I don't know if there is a 100 foot rule about guns but if I park far enough away there will be no problem. I also did not know about the cell phones thanks for that tidbit.

Mike1951 wrote:When I went to vote early, I was careful to park outside the perimeter formed by campaign signs.

There were several candidates, including our constable, who observed my difficulty walking with a cane. They all wanted me to drive up to the door and park there while voting.

I tried to explain that I needed to stay outside the signs, but they were persistent. i finally told the constable that I was already feeling naked, but the handgun in my truck needed to stay outside the signage.

He still tried to tell me it would be ok, but I walked the extra distance.

(BTW), I had thought it was 150'

No, the oft quote rule is 100 Ft. We were told in Instructor school the same as the no campaigning...and that is 100 ft. There is a rule of 1,000 ft for any amplified speaking/campaigning.

MoJo wrote:You are going to have to park more than 100 feet from the polling place in most instances. Just lock your blaster in the vehicle turn your phone off or, leave it too, go inside and vote. I don't know if there is a 100 foot rule about guns but if I park far enough away there will be no problem. I also did not know about the cell phones thanks for that tidbit.

Not here. Most precincts here the parking was within 100 ft of polling area. And really, i'm trying to determine if that is actually a law, or one repeatedso often we assume it is.

As I said, I referenced the campaign signs.

Mike1951 wrote:As I said, I referenced the campaign signs.

Uh.... ok?

Is this the same instructor school that told you an incorrectly worded 30.06 or even a gunbuster sign is sufficient notice of the proprietors wishes about guns on his property?

C-dub wrote:Is this the same instructor school that told you an incorrectly worded 30.06 or even a gunbuster sign is sufficient notice of the proprietors wishes about guns on his property?

That it was... However, in googling it appears the "100 foot rule" seems to be in various gun wesbsites and written material, and from those who responded, others here understood it that way to for some reason. In fact, searching in this forum, there seemed to have been some understanding that the limit is 100 feet (though certainly many people can be wrong...look at all those who still claim you cannot carry at church).

Here is what I am wondering... is it possible that for the polling places to enforce "No polling beyond this marker" (set at 100 feet) that on election day, the polling centers their premises to be 100 feet from door on the day of election. Yes, I know the penal code defintion of premises...just wondering if perhaps the election code contradicts penal code in this. ie, it is a misdemeanor to loiter 100 feet from door of polling places as well as wearing a name tag or clothing with political slogans or pictures. Since this is a misdemeanor, they must claim some extended control.

Any lawyers here know?

I use the same definition for "premises" as I do for school carry.
In the parking lot, on the sports field (not while a school function is happening), and on the rest of the grounds, but not in the building itself.
So when I voted on Tuesday, my weapon was in my car, parked approximately 40 feet from the entrance to the polling location.

Teamless wrote:I use the same definition for "premises" as I do for school carry.
In the parking lot, on the sports field (not while a school function is happening), and on the rest of the grounds, but not in the building itself.
So when I voted on Tuesday, my weapon was in my car, parked approximately 40 feet from the entrance to the polling location.

It is appearing the State Election Code's defintion of premisis must contradict the Penal Code's defintion. Since both carry weight of law, I wonder how that would work in court