- Section 46.035 subsection (b) describes where it is a big NO-NO to have a firearm. I have chosen to list only the subsections I am concerned with.
- Sub Section (f) defines a few key words used in the whole section.
- Subsection (i) are a list of exceptions.
- Finally Section 30.06 is where we find what constitutes a trespass for people with CHLs.
Can I take my firearm to work? And since I work for a school district and if I was wrong it would me a felony I needed to get this right. After much searching and talking to instructors I found that Yes I can carry it to work as long as I:
1) LEAVE IT SECURED IN MY VEHICLE and
2) There is not an employment policy that says I can't.
Because as you can see from sub2(b) it says premises and the definition of premises from sub(f) specifically excludes parking lots. So unless I park in one of the buildings that is not a parking garage I am good to go and if I do park in one of those building, I think we can agree that I will have much bigger problems than the firearm. Next question I had was:
Can I take my firearm to church? This one was a little tricky but I think I am correct on this. Sub(b)(6) talks about NOT being able to take my firearm with me to church, but if you keep reading the section you will find that there is a disclaimer to this subsection: enter sub(i), this litte and easily overlook section states that Sub(b)(6) and several are conditional on the property owner having signs posted that have very exact wording and appearance. Yep, you guested it, Section 30.06 defines what constitutes a trespass with a firearm by a CHL. Basically you have to go on to a persons property without permission AND have been told either your weapon is not welcome or stayed where your weapon is not welcome after being asked to leave. Now I didn't list all the very specific language and physical characteristics the sign has to be, but let me tell you, it is VERY specific on verbiage AND looks. So if for what ever reason you what people with CHLs to stay off your property while armed, You need to read this section. Below are the Sections and Subsections that I referenced, again I only copied those that were relevant to my questions if you want to read it all go here and here ( the Bold emphisis was added by me)
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
Sub section (b)
(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;
(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.
Sub Section (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
Sub section (f)
(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.
Sub Section (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.
Sec. 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.
Posted via email from Musings, Ramblings and Other Assorted Rubbish
No comments:
Post a Comment