Texas Carry

Texas Carry

This is a discussion on Texas Carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hey Texans, This Virginian is coming to Texas for a family visit at the end of May. I know my Virginia CHP is honored by ...

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Thread: Texas Carry

  1. #1
    Senior Member Array jofrdo's Avatar
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    Texas Carry

    Hey Texans,
    This Virginian is coming to Texas for a family visit at the end of May. I know my Virginia CHP is honored by Texas. I just want to review and confirm my understanding of the laws there. Please, someone correct me if I'm wrong.

    I am allowed to conceal carry in a restaraunt that serves alcohol as long as it derives less than half of its revenue from sales of alcohol. I am not allowed to carry in a school, courthouse, church, anytime anyway.

    Is open carry allowed under any circumstances?

    Thanks


  2. #2
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    I don't have any specific knowledge about Texas, but www.handgunlaw.us is a great resource for such things. It will give you all the specifics and states with their laws online are linked.
    eschew obfuscation

    The only thing that stops bad guys with guns is good guys with guns. SgtD

  3. #3
    VIP Member Array pogo2's Avatar
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    Link to Texas info

    A good reference on the handgun laws of Texas and other states is here:

    Handgun Law website

    I have also travelled in Texas with out of state CCW permits, and have carried there. There is a 51% rule, which allows you to carry in normal restaurants but not in bars. Open carry is not generally allowed, and you should avoid carry in the usual places like schools, courthouses, etc. But I suggest you find the Texas page on the website above and print out a summary of the rules for CCW, and take it with you.

    I like Texas - it is one of the most interesting states in the US and has some good people.

  4. #4
    Member Array DaveT's Avatar
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    Appreciate the fine comments about Texas people, pogo2 !!

    Open carry is not allowed under any circumstances under CHL laws unless you are on your own peoperty.

    The rest of your information is right on.

    jofrdo,

    Here is another good source of current Texas information:

    http://www.txchia.org/

    Check out the 'Where Can You Carry' section.
    There is a chart you can print out and carry with you.

    http://www.txchia.org/txcarry.htm
    Last edited by DaveT; May 6th, 2007 at 12:26 PM.

  5. #5
    Senior Member Array DMan's Avatar
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    I have yet to find a good website for handgun laws. PDO USED to be a good one but not anymore, handgunlaw does nothing more than link you to the states websites, where you still have to dig through everything the state has.

    Good Luck
    "Gun Free Zones" is where only criminals carry guns.

  6. #6
    Senior Member Array rachilders's Avatar
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    Open carry is generally not allowed by private citizens in Texas. You CAN carry on private property or under certain circumstances (shooting events, special events, hunting), but it's normally out of public view.

    A restaurant must post a sign if it derives more than 51% of it's income from alcohol. Aside from bars, the general rule here is it's not something you need to worry about. BTW, don't get caught drinking and carrying, even if there is no sign posted, it's a no-no. If you're going to drink a few beers or a glass or two of wine with a meal, lock your gun in the car or leave it at home.

    As for churches, it up to the church. If they don't want firearms, they can post a sign.

    Concerning schools, you CAN carry onto school property, but CANNOT carry into the building itself. This generally applies to people who are there to drop/pick-up their kids or going to school activities. You must leave the gun in your vehicle if you plan to exit it on school property.

    As for carrying into a courthouse... Don't do it!
    "... Americans... we want a safe home, to keep the money we make and shoot bad guys." -- Denny Crane

  7. #7
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    Quote Originally Posted by DMan View Post
    I have yet to find a good website for handgun laws. PDO USED to be a good one but not anymore, handgunlaw does nothing more than link you to the states websites, where you still have to dig through everything the state has.
    It is a little better than that. If you go to the "US Off Limits" buttons on the left side, it does whittle out many specifics by state. Covers the most common question areas.
    eschew obfuscation

    The only thing that stops bad guys with guns is good guys with guns. SgtD

  8. #8
    New Member Array dlauriano's Avatar
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    Just to clarify a few of the previous posts:

    You can carry into a bar/restaurant that gets 100% of it's revenue from liquor, if the 51 sign is NOT POSTED IN CLEAR VIEW. So if you don't see the sign, you are legal.

    You can carry anywhere else (except gvt buildings, sporting events, school buildings) except where the 30.06 sign is posted. The sign has to have the EXACT wording of the law, in English and Spanish, in contrasting colors with block letters at least on inch in height.

    Mostly you will see the 30.06 at health care facilities. But most of them are illegal signs as they are white block letters on glass so legally not 'Contrasting colors'. So you can carry anywhere there is an illegal 30.06 sign.

    I've never seen a church here with the 30.06 sign, so if you don't see it you are legal.

    Safe Travels!

  9. #9
    Distinguished Member Array Chooie's Avatar
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    Quote Originally Posted by dlauriano View Post
    Just to clarify a few of the previous posts:

    You can carry into a bar/restaurant that gets 100% of it's revenue from liquor, if the 51 sign is NOT POSTED IN CLEAR VIEW. So if you don't see the sign, you are legal.

    You can carry anywhere else (except gvt buildings, sporting events, school buildings) except where the 30.06 sign is posted. The sign has to have the EXACT wording of the law, in English and Spanish, in contrasting colors with block letters at least on inch in height.

    Mostly you will see the 30.06 at health care facilities. But most of them are illegal signs as they are white block letters on glass so legally not 'Contrasting colors'. So you can carry anywhere there is an illegal 30.06 sign.

    I've never seen a church here with the 30.06 sign, so if you don't see it you are legal.

    Safe Travels!
    *takes pinch of salt with advice*

  10. #10
    Member Array Cliffh's Avatar
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    You'll probably see a lot of signs stating that "illegal carry is prohibited" or something along those lines. My understanding is that, if you've got a permit, you're legal.

    You didn't ask, but.... If you happen to get pulled over and carrying, you're required by law to show your permit. Not sure if that applies if you're not carrying. Maybe someone else can clarify?

  11. #11
    Senior Member Array Timmy Jimmy's Avatar
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    When are you coming to our great state and where?

    If you are in or around Austin let me know and we can meet up and shoot some paper!
    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."

  12. #12
    Distinguished Member Array mr.stuart's Avatar
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    hello,from tx

    Go to the Texas DPS website,the CHL laws are linked there.

  13. #13
    Member Array austinguy23's Avatar
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    Quote Originally Posted by Cliffh View Post
    You didn't ask, but.... If you happen to get pulled over and carrying, you're required by law to show your permit. Not sure if that applies if you're not carrying. Maybe someone else can clarify?
    According to the law, you are required to present the officer with your concealed handgun license if you are carrying. If you're not carrying, then no worries. However, presenting your concealed handgun license to an officer will often get you out of a speeding ticket (don't *expect* it though).

  14. #14
    VIP Member Array farronwolf's Avatar
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    My suggestion is to read the actual Texas Penal Code.

    http://tlo2.tlc.state.tx.us/statutes....000046.00.doc

    Specifially sections 46.03, and 46.035.

    Because you have been given some bad advise from some of the posting on this thread. It tells you exactly where you can not carry and in what manner you can carry.

    Pay specific attention to section. 46.035 (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. concerning hospitals, amusement parks, churches, and governmental meetings.

    The actual code in these sections is only about 3 pages long, well worth reading for yourself.

    And this is the actual law regarding the famed 30.06.

    § 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.
    (e) It is an exception to the application of this section
    that the property on which the license holder carries a handgun is
    owned or leased by a governmental entity and is not a premises or
    other place on which the license holder is prohibited from carrying
    the handgun under Section 46.03 or 46.035.

    So if a sign looks like it fits these specifications, my suggestion is not to ignore it.
    Last edited by farronwolf; May 7th, 2007 at 10:46 AM. Reason: added 30.06
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
    www.ddchl.com
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  15. #15
    Member Array res1b3uq's Avatar
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    signs

    My personal opinion is that if they have a "no guns" sign on the door, they don't get my business.

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