What’s the rules on city parks

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Coffee man
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What’s the rules on city parks

#1

Post by Coffee man » Sat Mar 03, 2018 1:20 pm

Can you conceal carry in a city park where the baseball fields are. Look all over haven’t seen no guns sign and can’t find anything that says you can’t.


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Re: What’s the rules on city parks

#2

Post by RicoTX » Sat Mar 03, 2018 1:34 pm

Yes. The city cannot post city parks 30.06 or 30.07. Even if they have a no firearms sign, it does not apply when you are carrying under an ltc.
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Coffee man
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Re: What’s the rules on city parks

#3

Post by Coffee man » Sat Mar 03, 2018 1:51 pm

Thank you. I looked all over the Texas carry law and haven’t seen anything that says you can or can’t.


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Re: What’s the rules on city parks

#4

Post by RicoTX » Sat Mar 03, 2018 6:11 pm

You bet. Here is a link for your reading enjoyment regarding cities posting illegally or questionably.

https://texasattorneygeneral.gov/3006/3 ... ng-letters

Section 411.209 of the Government Code deals with this.

Here is one issue that I personally was involved in that deals with the city park here:

https://www.dailytrib.com/2016/05/27/no ... state-law/
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Re: What’s the rules on city parks

#5

Post by C-dub » Sat Mar 03, 2018 9:22 pm

Due to recent court rulings, the only time this might be dicey is if there is a school sporting event going on there. Some schools don't have their own athletic fields and have agreements to use the city parks fields for games.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.

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Re: What’s the rules on city parks

#6

Post by twomillenium » Sat Mar 03, 2018 10:18 pm

C-dub wrote:Due to recent court rulings, the only time this might be dicey is if there is a school sporting event going on there. Some schools don't have their own athletic fields and have agreements to use the city parks fields for games.
In those instances, notice should be given.
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Re: What’s the rules on city parks

#7

Post by C-dub » Sun Mar 04, 2018 6:57 am

twomillenium wrote:
C-dub wrote:Due to recent court rulings, the only time this might be dicey is if there is a school sporting event going on there. Some schools don't have their own athletic fields and have agreements to use the city parks fields for games.
In those instances, notice should be given.
I don't agree with the recent ruling and I don't think many here do. However, in the situation I described I don't now why they would be required to give notice. Maybe I've forgotten that part, but I don't think schools are required to give notice. That's one of the biggest problems with that latest ruling. Cities cannot post, generally, and schools don't need to and probably don't know much about the law that requires other businesses to post. It's a mess.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.

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Re: What’s the rules on city parks

#8

Post by twomillenium » Sun Mar 04, 2018 8:18 am

C-dub wrote:
twomillenium wrote:
C-dub wrote:Due to recent court rulings, the only time this might be dicey is if there is a school sporting event going on there. Some schools don't have their own athletic fields and have agreements to use the city parks fields for games.
In those instances, notice should be given.
I don't agree with the recent ruling and I don't think many here do. However, in the situation I described I don't now why they would be required to give notice. Maybe I've forgotten that part, but I don't think schools are required to give notice. That's one of the biggest problems with that latest ruling. Cities cannot post, generally, and schools don't need to and probably don't know much about the law that requires other businesses to post. It's a mess.
Schools don't have to give notice in the school, If they are using a city park for an athletic event then they should give notice of the event. An LTC holder who is responsible would know that they cannot carry there.
PC 46.05 states "(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."
INAL but I do not believe the whole park would be off limits because a field in one part of the park is being used for an interscholastic event. If the field is used for public use also then that is where notice that the event is taking place. I see a defense of prosecution if the LTC holder was unaware and no effort to make them aware of what was going on. Again INAL
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Re: What’s the rules on city parks

#9

Post by C-dub » Sun Mar 04, 2018 8:56 pm

twomillenium wrote:
C-dub wrote:
twomillenium wrote:
C-dub wrote:Due to recent court rulings, the only time this might be dicey is if there is a school sporting event going on there. Some schools don't have their own athletic fields and have agreements to use the city parks fields for games.
In those instances, notice should be given.
I don't agree with the recent ruling and I don't think many here do. However, in the situation I described I don't now why they would be required to give notice. Maybe I've forgotten that part, but I don't think schools are required to give notice. That's one of the biggest problems with that latest ruling. Cities cannot post, generally, and schools don't need to and probably don't know much about the law that requires other businesses to post. It's a mess.
Schools don't have to give notice in the school, If they are using a city park for an athletic event then they should give notice of the event. An LTC holder who is responsible would know that they cannot carry there.
PC 46.05 states "(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."
INAL but I do not believe the whole park would be off limits because a field in one part of the park is being used for an interscholastic event. If the field is used for public use also then that is where notice that the event is taking place. I see a defense of prosecution if the LTC holder was unaware and no effort to make them aware of what was going on. Again INAL
:iagree:

But is there anything that requires them to give notice? That's my point about how dicey this can be and how problematic this latest ruling is that the park or museum or whatever that isn't controlled or owned by the school could be off limits at all because of a school event.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.

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Re: What’s the rules on city parks

#10

Post by RicoTX » Mon Mar 05, 2018 8:05 am

Well maybe next session our state politicians will prove they don't believe in gun free zones either...it will be their last chance to prove to me they actually support gun rights versus just doing enough to get by.
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Re: What’s the rules on city parks

#11

Post by oohrah » Mon Mar 05, 2018 9:36 am

I would say you are only required to observe the school rule if you are some sort of participant in the school activity. If you just happen to be in the city park and not associated with the school, you should not be subject to the school rule. The same argument has been used regarding zoo trips, etc. IANAL.

And BTW, PC 46.05 no longer applies to collegiate events since campus carry went into effect.
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Re: What’s the rules on city parks

#12

Post by Papa_Tiger » Mon Mar 05, 2018 9:46 am

oohrah wrote:I would say you are only required to observe the school rule if you are some sort of participant in the school activity. If you just happen to be in the city park and not associated with the school, you should not be subject to the school rule. The same argument has been used regarding zoo trips, etc. IANAL.

And BTW, PC 46.05 no longer applies to collegiate events since campus carry went into effect.
That is not what the City of Austin is arguing (and the OAG agrees with them by the way) when it comes to barring LTC holders from entering City Hall when there are field trips happening there:

Paxton v. City of Austin
The OAG acknowledges that City Hall may properly prohibit firearms on "field trips" or when an activity is school-sponsored and "is conducted."
Too bad all off limits areas for LTC holders weren't removed during last session...


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Re: What’s the rules on city parks

#13

Post by twomillenium » Mon Mar 05, 2018 12:58 pm

C-dub wrote:
twomillenium wrote:
C-dub wrote:
twomillenium wrote:
C-dub wrote:Due to recent court rulings, the only time this might be dicey is if there is a school sporting event going on there. Some schools don't have their own athletic fields and have agreements to use the city parks fields for games.
In those instances, notice should be given.
I don't agree with the recent ruling and I don't think many here do. However, in the situation I described I don't now why they would be required to give notice. Maybe I've forgotten that part, but I don't think schools are required to give notice. That's one of the biggest problems with that latest ruling. Cities cannot post, generally, and schools don't need to and probably don't know much about the law that requires other businesses to post. It's a mess.
Schools don't have to give notice in the school, If they are using a city park for an athletic event then they should give notice of the event. An LTC holder who is responsible would know that they cannot carry there.
PC 46.05 states "(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."
INAL but I do not believe the whole park would be off limits because a field in one part of the park is being used for an interscholastic event. If the field is used for public use also then that is where notice that the event is taking place. I see a defense of prosecution if the LTC holder was unaware and no effort to make them aware of what was going on. Again INAL
:iagree:

But is there anything that requires them to give notice? That's my point about how dicey this can be and how problematic this latest ruling is that the park or museum or whatever that isn't controlled or owned by the school could be off limits at all because of a school event.
I am not aware of thet requirement. That is why I said that it could be a defense of prosecution.
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.

You will never know another me, this could be good or not so good, but it is still true.

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