Clarification on 46.03 please

[thetexan]

46.03 covers places where weapons, specifically firearems, are prohibited.

paragraph (f) states..."Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code."

That states that, except for (e-1), having an LTC license is not a defense. Ok. What about, say, an ammusment park? Under 46.035 carrying is allowed if not notified. One could carry in an ammusement part (if not notified) under 46.035 but be in violatin of 46.03. How do we reconcile those two?

tex

[srothstein]

I'm not sure I understand your question, unless it is a misunderstanding of the law itself. 46.03 and 46.035 are two separate sections of the law and each applies separately. So under 46.03, no one can carry a gun on a school, in a polling place, in a court room, at a racetrack, in a secured airport area, or within 1000 feet of the execution chamber on certain days. This, of course, is a simplified statement and there are exceptions to these rules I am not mentioning.

46.035 has nothing to do with these areas, and covers where a person with an LTC may not carry. It only applies to people carrying under the authority of the lTC, and in some case, only if the listed place also posts appropriate 30.06/30.07 notice.

So, your specific question about an amusement park is answered as you can carry there unless they post notice. The trick here is remembering what the definition of an amusement park is, and it may not always bee what you think. IIRC, the Ft. Worth Zoo is an amusement park according to the AG. It is more than 75 acres, is open more than 120 days per year, and has one ride that is an amusement ride (a train that goes around the zoo). I might have the wrong zoo, but I think it was Ft. Worth that answered that way when someone complained about the illegal posting of 30.06 notices.

[Flightmare]

I'm not sure I understand your question, unless it is a misunderstanding of the law itself. 46.03 and 46.035 are two separate sections of the law and each applies separately. So under 46.03, no one can carry a gun on a school, in a polling place, in a court room, at a racetrack, in a secured airport area, or within 1000 feet of the execution chamber on certain days. This, of course, is a simplified statement and there are exceptions to these rules I am not mentioning.

46.035 has nothing to do with these areas, and covers where a person with an LTC may not carry. It only applies to people carrying under the authority of the lTC, and in some case, only if the listed place also posts appropriate 30.06/30.07 notice.

So, your specific question about an amusement park is answered as you can carry there unless they post notice. The trick here is remembering what the definition of an amusement park is, and it may not always bee what you think. IIRC, the Ft. Worth Zoo is an amusement park according to the AG. It is more than 75 acres, is open more than 120 days per year, and has one ride that is an amusement ride (a train that goes around the zoo). I might have the wrong zoo, but I think it was Ft. Worth that answered that way when someone complained about the illegal posting of 30.06 notices.

I think it was the Dallas Zoo that was considered am amusement park. Fort Worth Zoo I believe tried to classify themselves as a child care facility. IIRC

[ScottDLS]

I'm not sure I understand your question, unless it is a misunderstanding of the law itself. 46.03 and 46.035 are two separate sections of the law and each applies separately. So under 46.03, no one can carry a gun on a school, in a polling place, in a court room, at a racetrack, in a secured airport area, or within 1000 feet of the execution chamber on certain days. This, of course, is a simplified statement and there are exceptions to these rules I am not mentioning.

46.035 has nothing to do with these areas, and covers where a person with an LTC may not carry. It only applies to people carrying under the authority of the lTC, and in some case, only if the listed place also posts appropriate 30.06/30.07 notice.

So, your specific question about an amusement park is answered as you can carry there unless they post notice. The trick here is remembering what the definition of an amusement park is, and it may not always bee what you think. IIRC, the Ft. Worth Zoo is an amusement park according to the AG. It is more than 75 acres, is open more than 120 days per year, and has one ride that is an amusement ride (a train that goes around the zoo). I might have the wrong zoo, but I think it was Ft. Worth that answered that way when someone complained about the illegal posting of 30.06 notices.

I think it was the Dallas Zoo that was considered am amusement park. Fort Worth Zoo I believe tried to classify themselves as a child care facility. IIRC

Yes. The Dallas Zoo is an amusement park (supposedly) per AG. The Fort Worth Zoo tries to say they are a school. They aren't, but you'll just have to decide whether to risk carrying there should you wish to visit.

[srothstein]

Thanks for the correction on which zoo is the amusement park. I knew both had tried to beat the complaints and the AG bought into the amusement park claim, but i could not remember correctly which was which.

[ScottDLS]

Of the Dallas and Fort Worth Zoos, only the Dallas Zoo is large enough to meet the statutory definition of an "Amusement Park" in 46.035.

[parabelum]

City of Dallas is a zoo.

[Caliber]

The train near the Fort Worth zoo, the Forest Park Miniature Train Railroad, is NOT owned by the zoo.

[jmorris]

46.03 covers places where weapons, specifically firearems, are prohibited.

paragraph (f) states..."Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code."

That states that, except for (e-1), having an LTC license is not a defense. Ok. What about, say, an ammusment park? Under 46.035 carrying is allowed if not notified. One could carry in an ammusement part (if not notified) under 46.035 but be in violatin of 46.03. How do we reconcile those two?

tex

46.03 (f) states that having a LTC does not mean you can ignore 46.03 (a). Nothing to do with 46.035.