CHL at a Political Rally

[iratollah]

Does anyone know if CHL is legal at a public political rally?

I know that City of Houston banned open carry of long guns at political or protest rallies. What about CHL?

[seamusTX]

If the rally is held in a public place like a courthouse square or park, there is no provision in Texas state law for doing so.

This is not the case in some other states, where it is illegal to carry a weapon at any kind of public gathering.

The City of Houston continually tries to exercise powers that it does not have under state law. This is a great nuisance.

- Jim

[iratollah]

I know for instance that it's against the law to carry a sign on a pole that measure more than about the width of your thumb, lest you use this to beat someone.

So signs on poles are illegal.

What about concealed handguns? Seamus, I'm not clear on your reply.

[seamusTX]

Sorry, I did not phase that response well. I am dealing with the flu.

Penal Code 46.03 and 46.035 define prohibited premises such as schools, courthouses, and jails that are off-limits for all weapons or CHL holders.

Looking at PC 30.06, few other portions of public property can be made off-limits. One case is public meetings, which were originally completely off-limits for CHL holders. Now they can be made off-limits by posting a 30.06 sign.

There is a definition of government meeting somewhere in the Government Code, which I have quoted before. A government meeting is defined there as a meeting of elected or appointed officials (such as a city council or zoning board) that has a published agenda and location.

If you have a rally of Harris County [fill-in-the-blank] Party at a park or other public place, that is not a public meeting under Texas law, IMHO.

I am not a lawyer and I cannot predict the behavior of individual law enforcement officers or subsequent actions of city attorneys at any such demonstration. Injustices have occurred at these events, and sometimes were never satisfactorily resolved.

City ordinances for issues like signs on poles are only class C misdemeanors in Texas. The cops can confiscate the sign and write a citation. Probably they can take protesters into custody for a short time. That sort of thing happens quite often at protests.

- Jim

[Charles L. Cotton]

Does anyone know if CHL is legal at a public political rally?

I know that City of Houston banned open carry of long guns at political or protest rallies. What about CHL?

Cities cannot make political rallies are not off-limits to CHLs. This violates the Texas preemption statute. (Tex. Local Gov't Code Chp. 229) After Quanell X's gang of thugs tried to disrupt the Republican National Convention in Houston several years ago, the Texas Legislature changed the preemption statute to allow cities to prohibit firearms at political rallies, but the amendment expressly excluded any authority over CHLs.

Chas.

CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES

Sec. 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.

(b) Subsection (a) does not affect the authority a municipality has under another law to:

• (1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
  
  (2) regulate the discharge of firearms within the limits of the municipality;
  
  (3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
  
  (4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
  
  (5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; or
  
  (6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
  
  • (A) public park;
    
    (B) public meeting of a municipality, county, or other governmental body;
    
    (C) political rally, parade, or official political meeting; or
    
    (D) nonfirearms-related school, college, or professional athletic event.

(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.

(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.

[seamusTX]

(C) political rally, parade, or official political meeting; or

I forgot about this.

- Jim

[iratollah]

Excellent and timely information Mr. Cotton, thanks very much! I broached the subject with HPD in regard to the rally I'm organizing for this afternoon and while they would prefer that folks not carry to a potentially volatile situation, I do have concerns about rally participants safety as they return to their vehicles. They should be able to protect themselves if necessary.

As a side note, I've worked closely with HPD on some of the previous rallies I've organized and they have been very professional. While they must remain neutral on political issues, they've done a terrific job of insuring the general safety of rally participants and they've also been standup about enforcing the law when necessary. It's been a very positive experience.

[anygunanywhere]

What are you rallying for or against?

Just curious.

Anygunanywhere

[iratollah]

Today I disrupted a pro-Hamas rally that was scheduled to protest Israel's right to self defense. Knowing what time the supporters of hatred and terrorism had planned to start their rally, I showed up 30 minutes ahead of them with 50 folks who broadcast a message of peace and coexistance. We were standing in the spot they'd planned on using when they arrived. I guess that they could accuse us of occupying their territory. (Even though Israel pulled out of Gaza in 2005, many still believe that Israel occupies that area. Gazans chose to elect a terrorist government dedicated to the destruction of Israel, and now they complain about how dare those Jews defend themselves against three years of rocket attacks. You can only poke the tiger so many times. How would US citizens demand our government respond if Mexico were launching rockets into Laredo to protest Occupied Tejas?)

I notified HPD about our intent. There were a very significant number of police at our location. HPD was very professional and completely neutral, a delight to work with. The local Palestinian supporters, who hate America but love our freedom of speech, saw my group and chose to take their protest elsewhere. Ironic how in their beloved homeland they could be jailed or even crucified for dissent (that's right, crucified, it's a new law that Hamas just passed to deal with 'treasonous' behavior), yet they love the opportunity to speak their piece here in America. Sadly, their speech is typically imbued with blind hatred. My group had only a positive message with nothing negative about opposing views. We mourn the loss of any civilian life, they glorify in it.

One Palestinian supporter managed to earn himself a disorderly conduct citation by taunting our group, I suppose his colleagues will view him as a martyr and hero rather than simply rudely aggressive. The police commented that the Palestinian protest groups over the last couple of days have been hostile, rude, cursing and screaming at the police and how several managed to get themselves arrested. Then noted the extreme contrast with my group who was orderly, self-policed and very respectful.

I thought that Houstonians should be reminded that Israel wants peace, that's why they gave away Gaza (Egypt was offered and didn't want it, what country turns down land?). If Hamas lays down their weapons, there will be peace. If Israel lays down their weapons, there will be no Israel.

BTW, I was carrying and spoke to at least 15 different officers today and none of them noticed or cared to comment if they did notice. I did make one of my group remove his flag from a pole that was too thick and violated guidelines for political rallies. I'm very satisfied that I was able to organize a cross-section of our community, Jewish and Christian, to show support for justice today. In about a day and a half I got 50 folks to turn out and this was with virtually no support from any existing organizations, strictly grass roots. About 20,000 Houston drivers saw our message today and the response was hugely positive.

Now I'm not trying to start a Middle East debate, but I was asked about the rally I organized today. My fellow Texans will understand my attitude of Don't Tread on Me.

[Liberty]

God bless you guy!

[boomerang]

Were you the guys on the bridge over 59 around Dunlavy or Hazard?

[iratollah]

Were you the guys on the bridge over 59 around Dunlavy or Hazard?

Yes. We were on the Mandell Street Bridge. The displaced group were on another bridge, but there were fewer of them. I hope you honked and waved as you drove by. Most folks who waved used all five fingers, only a very few expressed profound disagreement.

There was coverage of our rally on five TV stations this evening.

Thank you Liberty for your supporting comments and thanks very much to those of you who PM'd me as well.