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Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.
Sent: Sat Jan 09, 2016 7:59 pm
From: paulnkathy
Recipient: Charles L. Cotton

Hi , I am trying to find Tx penal code etc where it says that you can have a gun in your car in a shopping mall parking lot if the parking lot entrances are not posted 30.06, 30.07.
Do you know where that is in the Law?
Thanks, Paul

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

Scott has quoted the relevant code section.

But please note that laws rarely tell you what you can do. They usually tell you what you can't do. The default should be that you can do anything (within reason) unless there is a law that says you cannot do that.

Of course, there are also laws that tell you what you must do.

Thank you Soccer Dad. I remember where it was talking about Employers, but then referenced Shopping Mall parking Lots too. Something like: "This shall not impede a lawful carry onto a Shopping Mall parking lot unless posted 30.06"...or some such verbage. I know I saw it but I cannot find it any more.

Scott, doesn't "Premises mean a building? For example only..."School parking lots are CHL ok, but not the Premesis/building/busses etc".
But my Topic is Bussiness or store parking lot.Not schools. Just using that for an example of premises.Paul

paulnkathy wrote:Scott, doesn't "Premises mean a building? For example only..."School parking lots are CHL ok, but not the Premesis/building/busses etc".
But my Topic is Bussiness or store parking lot.Not schools. Just using that for an example of premises.Paul

Correct. You can carry anywhere on a school grounds that's "outdoors" UNLESS, there is a school activity taking place.
So if the band is practicing in the parking lot, you should not be carrying in that lot.

As for retail places or anywhere that's not a called out prohibited location in 46.035, you can essentially assume it's ok to carry when not posted.
As said above, the law states where you can't do something, not where you can.

As for parking lots at retail that may be posted (which I've never seen, but it can be), you can carry in your car under the motor vehicle law above (46.02). 30.06 applies to CHL's only, so you can carry under the MVPA authority in your car. You just cannot carry in that lot outside of your car and on your person… unless it's for a parking lot for your apartment complex of which you're a resident and you're going to and from home.

Excellent response Scott. Answers my question. Only thing left is for me to go find where I actually saw that part about retail "shopping mall parking lots" in the law. Thank you very much. Paul

I remember my chl instructor saying if the school parking lot was posted 30.06 that it was indeed off limits. Some attendees mentioned this was the case at schools near them. Several of us knew this was bogus but did not want to extend the pain of lengthening the training session.

paulnkathy wrote:Excellent response Scott. Answers my question. Only thing left is for me to go find where I actually saw that part about retail "shopping mall parking lots" in the law. Thank you very much. Paul

I don't think that exists. There's parking lot laws for employer/employees, but nothing specifically written about commercial or other parking lots that I'm aware of.

I was reading the whole law 2 or 3 times now. I know I saw it somewhere, maybe in a Forum or blog or CHL class website. But it sure looked like it was part of the law itself. Thanks guys.

FWIW The parking lot at Traders Village in NW Houston is the only parking lot that I have seen posted. The sign is posted at the entrance to the parking lot.

Killeen Mall, where we frequently go to Dillard's, Sears, etc. has valid 06/07 signs at the parking lot entrances. So am I understanding correctly that I can't even drive into the parking lot if I have a firearm in the car????? We live an hour from there. So if we were running some errands in Killeen and that included a stop at the mall, I would have to just leave my gun at home! Sorry to whine, but this is NUTS.

Ruark wrote:Killeen Mall, where we frequently go to Dillard's, Sears, etc. has valid 06/07 signs at the parking lot entrances. So am I understanding correctly that I can't even drive into the parking lot if I have a firearm in the car?????

You can enter the lot, but your handgun must be concealed and cannot leave the vehicle.

Ruark wrote:Killeen Mall, where we frequently go to Dillard's, Sears, etc. has valid 06/07 signs at the parking lot entrances. So am I understanding correctly that I can't even drive into the parking lot if I have a firearm in the car????? We live an hour from there. So if we were running some errands in Killeen and that included a stop at the mall, I would have to just leave my gun at home! Sorry to whine, but this is NUTS.

No. You can have your gun in the car under 46.02 (the motor vehicle protection act).
You cannot carry it out of your car on your person without breaking the law, but you can drive onto the lot and keep it concealed in your car.

Also note that the law currently has it as a Class C misdemeanor and is no longer a Class A unless you're in one of the prohibited places under 46.035 which a retail parking lot is not.

That's good news, if you guys are correct. The 06/07 signs say you cannot "enter this property," not "enter these premises." I would think "this property" would include the parking lot. Thanks for the input.