Texas CHL ?'s

This is a discussion on Texas CHL ?'s within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I took my CHL class last summer, and the book Texas sent you wasn't up to date yet. Now, discussing with a few people since ...

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Thread: Texas CHL ?'s

  1. #1
    New Member Array Ovar's Avatar
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    Texas CHL ?'s

    I took my CHL class last summer, and the book Texas sent you wasn't up to date yet.

    Now, discussing with a few people since what just happened, I cannot remember *exactly* where you can and cannot legally carry. At the time (from what I remember) the laws were supposedly changing. I looked on the site and they only have the statutes for CHL as far as January 2006 goes. This list is from where I think I can carry; I don't carry usually and if in doubt of the areas I don't - just checking for clarification --

    1. I can carry in a Hospital
    2. I can carry in a Church
    3. I can carry on a campus (*not inside buildings however*)
    4. No government (federal) buildings (don't believe this has changed)

    I tried doing research on the web beforehand but a lot of the sites used a table created in 1998 (far outdated).

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  3. #2
    New Member Array farmerdave's Avatar
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    Quote Originally Posted by Ovar View Post
    I took my CHL class last summer, and the book Texas sent you wasn't up to date yet.

    Now, discussing with a few people since what just happened, I cannot remember *exactly* where you can and cannot legally carry. At the time (from what I remember) the laws were supposedly changing. I looked on the site and they only have the statutes for CHL as far as January 2006 goes. This list is from where I think I can carry; I don't carry usually and if in doubt of the areas I don't - just checking for clarification --

    1. I can carry in a Hospital
    2. I can carry in a Church
    3. I can carry on a campus (*not inside buildings however*)
    4. No government (federal) buildings (don't believe this has changed)

    I tried doing research on the web beforehand but a lot of the sites used a table created in 1998 (far outdated).
    I just took the class and they also issued me the same version of the book. So there isn't an updated book that I'm aware of.

    What we were told in class, and I made notes of this in the margins of section PC 46.035.b.4 thru b.6.c

    The places listed in that section must still post the "Pursuant to Penal Code 30.06..." sign.

    What I was told is there may be doors on those facilities that do not have the notice posted. As such, you have not been given proper notice that carrying there is forbidden, and therefore you should be given the opportunity to vacate the premises with your concealed handgun, if for instance they somehow discover that you are carrying and they then give you notice and ask you to leave.

    Again, this is my understanding based on the notes I took during my CHL class. And those notes were basd on their interpretation of the law. So I am not a lawyer, and YMMV, etc.

    Reality is that it would probably cost you alot of money to make that defense, if you were somehow made on premises in the section I referenced, and each person must weigh whether or not it's worth it to them too risk prosectuion.

  4. #3
    Senior Member Array Timmy Jimmy's Avatar
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    Schools do not have to post and Federal Government Buildings don't have to post, Neither do sporting events, or polling places.

    If there is a 30.06 (that meets the requirements) posted or a 51% sign posted then you are breaking the law if you carry in those places.

    Just a sign that does not meet 30.06 rules then you have to leave if asked to or you can be be charged with Trespassing.
    Timmy Jimmy

    If it is not in the US Constitution then the Federal Government should not be doing it.

    "Carrying a gun is a social responsibility."

  5. #4
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    Look here, and click on Texas:

    http://www.nraila.org/GunLaws/Default.aspx#?st=TX

    Also:

    http://handgunlaw.us/

    Both are generally up to date, but the best way to stay up to the minute is on the Texas DPS site. Good luck, and welcome.

  6. #5
    New Member Array Ovar's Avatar
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    Quote Originally Posted by Timmy Jimmy View Post
    If there is a 30.06 (that meets the requirements) posted or a 51% sign posted then you are breaking the law if you carry in those places.
    Yeah, I knew those places =) Just couldn't remember the places that were always no carry regardless.

  7. #6
    Member Array longtrain58's Avatar
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    Ovar,

    This is the latest carry restrictions from the CHL web site. It hasn't changed that much. We have to respect the wishes of property owners. If they know we are armed and ask us to leave, we must or we can be charged with trespassing.


    UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

    PC §30.06.

    TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.

    (a) A license holder commits an offense if the license holder:

    (1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

    (2) received notice that:

    (A) entry on the property by a license holder with a concealed handgun was forbidden; or

    (B) remaining on the property with a concealed handgun was forbidden and failed to depart.

    (b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

    (c) In this section:

    (1) "Entry" has the meaning assigned by Section 30.05(b).

    (2) "License holder" has the meaning assigned by Section 46.035(f).

    (3) "Written communication" means:

    (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or

    (B) a sign posted on the property that:

    (i) includes the language described by Paragraph (A) in both English and Spanish;

    (ii) appears in contrasting colors with block letters at least one inch in height; and

    (iii) is displayed in a conspicuous manner clearly visible to the public.

    (d) An offense under this section is a Class A misdemeanor.



    (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.

    (d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

    (e) A license holder who is licensed as a security officer under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.

    (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.

    (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.

    (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.

    (g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

    (h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.

    (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.

    There's more restrictions you can find at this link

    http://www.txdps.state.tx.us/adminis...l/txchlaws.htm
    Last edited by longtrain58; April 18th, 2007 at 12:51 PM.

  8. #7
    Distinguished Member Array fed_wif_a_sig's Avatar
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    If there is ever any doubt with Texas CHL laws, you can drop them an email directly and they will respond (in my case within 24 hours), or just call them. They always have been very helpful but overworked and slow from my personal experience.
    Steve
    "Respect all ... Fear none!!!

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    Quote Originally Posted by Ovar View Post
    I took my CHL class last summer, and the book Texas sent you wasn't up to date yet.

    Now, discussing with a few people since what just happened, I cannot remember *exactly* where you can and cannot legally carry. At the time (from what I remember) the laws were supposedly changing. I looked on the site and they only have the statutes for CHL as far as January 2006 goes. This list is from where I think I can carry; I don't carry usually and if in doubt of the areas I don't - just checking for clarification --

    1. I can carry in a Hospital
    2. I can carry in a Church
    3. I can carry on a campus (*not inside buildings however*)
    4. No government (federal) buildings (don't believe this has changed)

    I tried doing research on the web beforehand but a lot of the sites used a table created in 1998 (far outdated).
    longtrain58's reply contains most of the info you need, but I'll address the ones you specifically asked about....

    Hospitals (nursing homes), churches, and amusement parks must post the required 30.06 signs to prevent you from carrying in their buildings; you are correct that you can carry on campuses as long as a school-related/sponsored event is not taking place, and not inside a building
    the gov't thing you mention is very broad, as for state gov't buildings its just not courtrooms or office utilized by the courts, other than that you can carry in state/county/local gov't buildings via S.B. 501;
    as for the federal buildings thats up for debate, as in the post office signage

    here is a link for all the Texas statutes:
    http://tlo2.tlc.state.tx.us/statutes/statutes.html
    LEO/CHL
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