"Off Limits" locations for CHL's

DO NOT ASK QUESTIONS IN THIS SECTION! Post CHL related questions in the General CHL Discussion subforum. This is a resource subforum for people to check before submitting their CHL Application. Also, RECIPROCITY MAP!

Moderators: Charles L. Cotton, carlson1

User avatar

Topic author
Charles L. Cotton
Site Admin
Posts: 16151
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

"Off Limits" locations for CHL's

Postby Charles L. Cotton » Sun Apr 29, 2007 1:11 pm

This is a list of locations that are statutorily off-limits to CHL's per Texas law. It does not include federal law. The list is divided into to categories; those that are off-limits whether or not a 30.06 sign is posted and those that are off-limits only if a 30.06 sign is posted. Please note that giving a verbal warning that no guns are allowed on the property is an alternative to posting a 30.06 sign.

All statutorily designated "off-limits" locations apply only to the "premises" as statutorily defined inTPC §46.035(f)(3) below, unless otherwise stated.

Off-limits to CHL's even if no 30.06 sign is posted:
School buildings - TPC §46.03(a)(1)
School grounds where a school sponsored activity is on-going - TPC §46.03(a)(1)
School bus, or other school passenger transportation vehicle. - TPC §46.03(a)(1)
Polling place on election day (including early voting) - TPC §46.03(a)(2)
Court or court office. - TPC §46.03(a)(3)
Race track (licensed for betting) - TPC §46.03(a)(4)
Airport secured area (past metal-detectors in terminal building) TPC §46.03(a)(5)
Within 1,000 feet of a place of execution on the day of an execution, but only if given notice (not a 30.06 notice). - TPC §46.03(a)(6)
51% locations ("bars") - businesses that derive 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption. TPC §46.035(b)(1)
Highschool, collegiate, interscholastic, or professional sporting events. TPC §46.035(b)(2).
Correctional facility - TPC §46.035(b)(3).

Off-limits to CHL's ONLY if a 30.06 sign is posted:
Note: The statutory requirement for a 30.06 sign or notice is not found in the individual Penal Code provisions cited after each location. The requirement is set forth in TPC §46.035(i).

Hospital or nursing home. TPC §46.035(b)(4).
Amusement park (as statutorily defined below). TPC §46.035(b)(5).
Church, synagogue or other established place of worship. TPC §46.035(b)(6).
Meetings of governmental entities. TPC §46.035(c).

Relevant statutory definitions from TPC §46.035(f):

(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.

(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.

User avatar

Topic author
Charles L. Cotton
Site Admin
Posts: 16151
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Postby Charles L. Cotton » Sun Apr 29, 2007 1:13 pm

If anyone knows of prohibitions in other areas of Texas law besides Chp. 46 of the Penal Code, please post it here.

I am not going to include any "off-limits" locations according to federal law.

Chas.

User avatar

Crossfire
Moderator
Posts: 5322
Joined: Sun Jan 08, 2006 10:27 am
Location: DFW
Contact:

Postby Crossfire » Sun Apr 29, 2007 1:18 pm

Charles L. Cotton wrote:If anyone knows of prohibitions in other areas of Texas law besides Chp. 46 of the Penal Code, please post it here.

I am not going to include any "off-limits" locations according to federal law.

Chas.


What? We aren't going to discuss post offices? :smile:
Texas LTC and Utah CFP Instructor, MorphoTrust Fingerprinting Partner
http://www.Crossfire-Training.com


longtooth
Senior Member
Posts: 11876
Joined: Sun Jun 12, 2005 3:31 pm
Location: Angelina County
Contact:

Postby longtooth » Sun Apr 29, 2007 1:24 pm

You are right Maam. We have already wore that one out & it is definately settled absolutely & completely.
Evevybody does what they think the federal law maybe might mean depending on the Post Master & Location. :lol:
Image
Carry 24-7 or guess right.
CHL Instructor. http://www.pdtraining.us
NRA/TSRA Life Member - TFC Member #11


txinvestigator
Senior Member
Posts: 4331
Joined: Wed May 04, 2005 6:40 pm
Location: DFW area
Contact:

Postby txinvestigator » Sun Apr 29, 2007 2:05 pm

The only thing I would add is that 46.03 proscribes FIREARMS (not just handguns) illegal knives and clubs.
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.

User avatar

jimlongley
Senior Member
Posts: 6134
Joined: Wed Jan 12, 2005 1:31 pm
Location: Allen, TX

Re: "Off Limits" locations for CHL's

Postby jimlongley » Sun Apr 29, 2007 6:03 pm

Charles L. Cotton wrote:Polling place on election day (including early voting) - TPC §46.03(a)(2)


Thanks for the reminder, I have a stack of errands to do tomorrow, including swinging by the polling place, and I can't say that I wouldn't have disarmed, but the reminder is welcome.
Real gun control, carrying 24/7/365

User avatar

nitrogen
Senior Member
Posts: 2321
Joined: Wed Dec 21, 2005 1:15 pm
Location: Sachse, TX
Contact:

Postby nitrogen » Sun Apr 29, 2007 9:11 pm

EDITED TO CLARIFY
What's the significance of "portion of a building" in "building or portion of a building"?

I've always meant to ask: shouldn't that be meant to mean that if the city has a large building with a courtroom, you could carry in the building except in the courtroom?

The few times I have to deal with city buildings I don't rock the boat and just disarm, but I always wondered what this was supposed to mean.
יזכר לא עד פעם
Remember. Never Again.
It isn't what we don't know that gives us trouble, it's what we know that ain't so.
--Will Rogers


CoffeeAddict
Junior Member
Posts: 4
Joined: Fri Aug 10, 2007 4:50 pm
Location: Houston, TX

Postby CoffeeAddict » Sat Aug 18, 2007 1:36 pm

You can carry on public transportation (Metro), correct?

User avatar

seamusTX
Senior Member
Posts: 13551
Joined: Fri May 12, 2006 12:04 pm
Location: Galveston

Postby seamusTX » Sat Aug 18, 2007 4:14 pm

CoffeeAddict wrote:You can carry on public transportation (Metro), correct?
Correct. I don't recall the details, but they tried to ban CHLs and had to give up.

- Jim

User avatar

KC5AV
Senior Member
Posts: 1788
Joined: Mon Nov 19, 2007 5:24 pm
Location: Marshall

Re: "Off Limits" locations for CHL's

Postby KC5AV » Sun Dec 09, 2007 10:22 am

Charles L. Cotton wrote:Off-limits to CHL's ONLY if a 30.06 sign is posted:
Hospital or nursing home. TPC §46.035(b)(4).


The hospital where I work has an OLD sign on several of the doors. Something to the effect of State law prohibits the carrying of concealed handguns blah blah blah and ends up with a citation from Vernon's civil statutes. I believe it was probably the original prohibition of carrying concealed in a hospital. I understand the intent of the sign, but is it still valid?
NRA lifetime member

User avatar

Liberty
Senior Member
Posts: 4862
Joined: Mon Jul 03, 2006 8:49 pm
Location: Galveston
Contact:

Re: "Off Limits" locations for CHL's

Postby Liberty » Sun Dec 09, 2007 10:37 am

KC5AV wrote:
Charles L. Cotton wrote:Off-limits to CHL's ONLY if a 30.06 sign is posted:
Hospital or nursing home. TPC §46.035(b)(4).


The hospital where I work has an OLD sign on several of the doors. Something to the effect of State law prohibits the carrying of concealed handguns blah blah blah and ends up with a citation from Vernon's civil statutes. I believe it was probably the original prohibition of carrying concealed in a hospital. I understand the intent of the sign, but is it still valid?

The intent of the sign is to inform you of what the law used to be.
Liberty''s Blog
"Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." John F. Kennedy


mikeloc
Senior Member
Posts: 213
Joined: Wed Sep 06, 2006 6:43 pm

Postby mikeloc » Tue Dec 11, 2007 11:28 pm

Liberty wrote:
The intent of the sign is to inform you of what the law used to be.


That's not true. Ever since September 1, 1997 Hospital's have been required to post 30.06 signs and at that time they had to include the 5 1/2" Red Letter 51.

Only since about 2003 has the hospitals been posting a sign stating that it's illegal to carry a handgun even if you have a conceal permit (most hospitals today are posting this type of sign and it has me confused). I've seen at least one case they posted the code and it was not in conceal carry section of the code. If I can find the code posted again I'll send it to Charles Cotton. It is Texas Code not federal. If anyone can find the where Texas hospital code saids it's illgal to carry a handgun please post the info.

Thanks,

Mike Lochabay

User avatar

Liberty
Senior Member
Posts: 4862
Joined: Mon Jul 03, 2006 8:49 pm
Location: Galveston
Contact:

Postby Liberty » Wed Dec 12, 2007 12:23 am

mikeloc wrote:Liberty wrote:
The intent of the sign is to inform you of what the law used to be.


That's not true. Ever since September 1, 1997 Hospital's have been required to post 30.06 signs and at that time they had to include the 5 1/2" Red Letter 51.

Only since about 2003 has the hospitals been posting a sign stating that it's illegal to carry a handgun even if you have a conceal permit (most hospitals today are posting this type of sign and it has me confused). I've seen at least one case they posted the code and it was not in conceal carry section of the code. If I can find the code posted again I'll send it to Charles Cotton. It is Texas Code not federal. If anyone can find the where Texas hospital code saids it's illgal to carry a handgun please post the info.

Thanks,

Mike Lochabay

I'm not quite sure what you are talking about,however we are free to go into a hospital unless it is properly posted with a 30.06 any other wording is meaningless to CHL carry. If a sign has old wording it has no relevance today. other than as a historic reference.
Liberty''s Blog
"Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." John F. Kennedy


mikeloc
Senior Member
Posts: 213
Joined: Wed Sep 06, 2006 6:43 pm

Postby mikeloc » Wed Dec 12, 2007 4:38 pm

What I mean is when the conceal carry law went into effect January 1, 1996 you could not carry in a hospital. The law was change to require the hospital to post the 30.06 sign to keep you from carring in the hospital starting September 1, 1997. The penal code in 1997 also required the hospital to post large number 51 on the sign to the hospital. I think it was 1991 or 2001 when they were not required to post the large 5 1/2" red letter sign (51).

The signs that are being posted in the hospitals are not a reflection of any old signs or history of how the hospitals could tell us we could not carry.

I consider the signs being discussed as rather new because they only started showing up about 2003.

Some of the signs have said that it is against state law to have a gun here even if you have a conceal carry permit. I do not know why they post this type of sign.

However, I have asked DPS legal department several times and they told me you could take the ride. If a 30.06 sign was not posted and you had not been given verbal notice you should not be convicted.

With that being said I would like to know that I could not be arrested for carrying in a hospital that does not post the 30.06 sign.

I would feel better if the hospitals would either post the 30.06 signs are if they post a no guns sign at least not say it's against state law to have a handgun on your person even if you have a license.

Mike Lochabay

User avatar

The Annoyed Man
Senior Member
Posts: 21723
Joined: Wed Jan 16, 2008 12:59 pm
Location: Grapevine, Texas

Re: "Off Limits" locations for CHL's

Postby The Annoyed Man » Wed Jan 16, 2008 1:09 pm

Does "schools" include colleges and universities, and if it does, is there any differentiation for public and/or land grant universities versus private universities?
"Give me Liberty, or I'll get up and get it myself."—Hookalakah Meshobbab
"I don't carry because of the odds, I carry because of the stakes."—The Annoyed Boy
"A ragamuffin knows he’s only a beggar at the door of God’s mercy."—The Ragamuffin Gospel, by Brennan Manning


Return to “CHL Checklist”

Who is online

Users browsing this forum: No registered users and 1 guest