Clarification of August 2016 Changes

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jimcrouch
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Clarification of August 2016 Changes

Postby jimcrouch » Wed Feb 17, 2016 8:29 am

I am new to the forum and apologize if this topic has already been fleshed out. Can someone explain this section of the new Penal Code that is slated to take effect August 1, 2016? Seems to be stating it will become an offense for a license holder to carry in hospitals and churches. No mention is made of required notice. Am I missing something?

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 or carried in a shoulder or belt holster, 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 facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.


Papa_Tiger
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Re: Clarification of August 2016 Changes

Postby Papa_Tiger » Wed Feb 17, 2016 8:51 am

You have to read the entirety of the law. Lots of people seem to miss 46.035(i) which states:
Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.

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AJSully421
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Location: Benbrook / SW Fort Worth

Re: Clarification of August 2016 Changes

Postby AJSully421 » Wed Feb 17, 2016 9:16 am

Welcome to 1997.
"The trouble with our liberal friends is not that they're ignorant, it's just that they know so much that isn't so." - Ronald Reagan, 1964

30.06 signs only make criminals and terrorists safer.


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jimcrouch
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Joined: Wed Feb 17, 2016 8:14 am

Re: Clarification of August 2016 Changes

Postby jimcrouch » Wed Feb 17, 2016 12:49 pm

Thank you Papa_Tiger! Looks like the legislature could have worded all of that more clearly, but that's not surprising.


Papa_Tiger
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Re: Clarification of August 2016 Changes

Postby Papa_Tiger » Wed Feb 17, 2016 1:32 pm

jimcrouch wrote:Thank you Papa_Tiger! Looks like the legislature could have worded all of that more clearly, but that's not surprising.
If you have the time, it would be good for you to watch the Senate Committee hearing on the implementation of SB11 and HB910 which can be found here. If you don't have a lot of time, skip to the 2hr 14 minute mark and listen to the segment with Alice Tripp, the Legislative Director and Lobbyist for the TSRA. She gives a great history of gun rights in the State of Texas. She specifically covers the issues with PC 46.035 and why the law is as convoluted as it is. Love listening to her! So knowledgeable of the law and the history of the 2A in Texas.


Topic author
jimcrouch
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Posts: 3
Joined: Wed Feb 17, 2016 8:14 am

Re: Clarification of August 2016 Changes

Postby jimcrouch » Thu Feb 18, 2016 3:25 pm

Thanks again!


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