Erwin Park - Is licensed carry allowed?

[ScubaSigGuy]

Here are the posted rules...

Some simple Erwin Park rules:
No Alcohol. There is a zero tolerance on this rule.
Park and drive on paved surfaces only.
No firemarms (anything that releases a projectile)
Stay on the trail
Yield to pedestrians.
Authorized trail maintenance only (do not cut trees to decrease your lap time by 2 seconds)
Park hours are 8 am until 10 pm daily (unless you are camping), the gates are locked at 10PM.


Now I am not sure what firmarms are, but it says they aren't allowed.

I should know this, but since the park is managed my the McKinney PRD they can't prohibit CHl's right?

[Keith B]

Fire-marms were from the old west days; like School-marms, but they fought fires.

You are correct, they can't legally prohibit CHL's, as they can't post 30.06 since it is a city owned park.

[aardwolf]

It sounds like Terry Hershey Park in Houston. They have a rule against good guys carrying weapons but the park is owned by the county and I have a CHL so I ignore it.

[Crossfire]

Fire-marms were from the old west days; like School-marms, but they fought fires.

You're really proud of yourself about that one, aren't you?

[Keith B]

Fire-marms were from the old west days; like School-marms, but they fought fires.

You're really proud of yourself about that one, aren't you?

Well, every once-in-awhile I think of a good one, but the other hundreds of groaners out weigh it.

[The Annoyed Man]

Keith, you don't get credit when people lob you softballs. It just isn't sporting, old chap!

[Keith B]

Keith, you don't get credit when people lob you softballs. It just isn't sporting, old chap!

These days I never pass up an opportunity to hit one.

[KBCraig]

Texarkana has a similar (and also invalid) city ordinance against firearms in city parks. I doubt it's ever been enforced, and certainly not against a CHL.

[flb_78]

OK, they can't stop a CHL (which is good), but what about someone who does not have a CHL but they do have a firearm in the vehicle. Can they be prosecuted for carrying a firearm since they are not CHL?

[seamusTX]

Probably they could be issued a class C misdemeanor.

- Jim

[KBCraig]

Probably they could be issued a class C misdemeanor.

- Jim

Ummm, Jim?

When I searched for the relevant code, knowing someone had posted it in a thread I started, I found it was you who posted it!

http://www.texasshooting.com/TexasCHL_F ... 55#p166955

LGC §229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.

There is also a relevant section of the Penal Code:

PC § 1.08. PREEMPTION. No governmental subdivision or
agency may enact or enforce a law that makes any conduct covered by
this code an offense subject to a criminal penalty. This section
shall apply only as long as the law governing the conduct proscribed
by this code is legally enforceable.

Since all aspects of firearms (ownership, possession, transportation, carry, etc.) are governed by the Penal Code, then no: a county or municipality can't make it a Class C misdemeanor to have a handgun or long gun in a park.

[seamusTX]

I agree that state law says that a city, county, school district, etc., cannot regulate the bearing of arms. But cities have not gotten the message. The City of Galveston has an ordinance prohibiting the carrying of weapons on city property, including parks. They say they will enforce it, but I've never heard of it being enforced. (When they catch someone with a weapon on city property, it's always in connection with a real crime.)

Friendswood ISD says they will enforce 30.06 signs on their parking lot. They also have never charged anyone.

If they catch you and charge you, you most likely will have to get a lawyer to get the charge dropped. That's assuming the district attorney understands the law.

This kind of question always centers around the very important detail of how the police found out someone had a concealed handgun. They don't have X-ray eyes. Something has to happen that exposes the weapon, or the officer has to have reasonable suspicion for a Terry pat-down.

- Jim