46.03 questions

[Sewer_Ice]

46.03 defines premesis as a, "A building or Portion of Building."
Okay, so I cannot go into a building that is prohibited (School, Polling place, correction facility, church, hospital, amusement parketc.)
BUT! It goes on later to say :
(A) Going within 1,000 feet of the premesis with a weapon listed under this subsection was prohibited ; or
(B) Possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
This section appears to only apply to correctional facilites on days that an execution is being imposed.
So, does this mean that, I can carry on a school campus (Collegiate, high school elementary or otherwise), as long as I do not enter the building? Same thing with any area around a building OTHER THAN A CORRECTIONAL FACILITY ON A DAY WHERE THERE IS AN EXECUTION.

Also, in 46.035 it mentions Amusement parks being defined as:
(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.

Okay, so does an amusement park have to fit ALL OF THESE to be the criteria. In which case events such as Grape-fest would be OK for carry, as it is less than 120 days, and there is no controlled entry. Also, considering it is ON A PUBLIC STREET I would believe it would be OK as well.
State Fair? State fair meets all the criteria EXCEPT it is only in operation for 23 days. I already checked the fair's online website and it says it is okay, and I figure this is the reason why.

[Keith B]

46.03 defines premesis as a, "A building or Portion of Building."
Okay, so I cannot go into a building that is prohibited (School, Polling place, correction facility, church, hospital, amusement parketc.)
BUT! It goes on later to say :
(A) Going within 1,000 feet of the premesis with a weapon listed under this subsection was prohibited ; or
(B) Possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
This section appears to only apply to correctional facilites on days that an execution is being imposed.
So, does this mean that, I can carry on a school campus (Collegiate, high school elementary or otherwise), as long as I do not enter the building? Same thing with any area around a building OTHER THAN A CORRECTIONAL FACILITY ON A DAY WHERE THERE IS AN EXECUTION.

Also, in 46.035 it mentions Amusement parks being defined as:
(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.

Okay, so does an amusement park have to fit ALL OF THESE to be the criteria. In which case events such as Grape-fest would be OK for carry, as it is less than 120 days, and there is no controlled entry. Also, considering it is ON A PUBLIC STREET I would believe it would be OK as well.
State Fair? State fair meets all the criteria EXCEPT it is only in operation for 23 days. I already checked the fair's online website and it says it is okay, and I figure this is the reason why.

Yes, it must meet the requirements to be prohibited. Carnivals, festivals adn the like are OK to carry unless posted 30.06 or 51%.

[wgoforth]

46.03 defines premesis as a, "A building or Portion of Building."
Okay, so I cannot go into a building that is prohibited (School, Polling place, correction facility, church, hospital, amusement parketc.)

A church is no longer a prohibited building and must display a 30.06. In fact, I will be carrying as I stand in the pulpit today.

[KD5NRH]

Also, in 46.035 it mentions Amusement parks being defined as:
(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.

Keep reading. Specifically, 46.035(i)

[Sewer_Ice]

46.03 defines premesis as a, "A building or Portion of Building."
Okay, so I cannot go into a building that is prohibited (School, Polling place, correction facility, church, hospital, amusement parketc.)

A church is no longer a prohibited building and must display a 30.06. In fact, I will be carrying as I stand in the pulpit today.

I Just took my class January 23rd and my instructor told me churche's are prohibited, and it's still in the book that the DPS sent me along with my packet. The Instructor DID SAY that the church may apply with the local DA for an exemption for them to be allowed, and to find out you must check with your DA and Church, or try to get your church to be applied as such.

Can anyone find me where it says that church's are now OK?

[wgoforth]

46.03 defines premesis as a, "A building or Portion of Building."
Okay, so I cannot go into a building that is prohibited (School, Polling place, correction facility, church, hospital, amusement parketc.)

A church is no longer a prohibited building and must display a 30.06. In fact, I will be carrying as I stand in the pulpit today.

I Just took my class January 23rd and my instructor told me churche's are prohibited, and it's still in the book that the DPS sent me along with my packet. The Instructor DID SAY that the church may apply with the local DA for an exemption for them to be allowed, and to find out you must check with your DA and Church, or try to get your church to be applied as such.

Can anyone find me where it says that church's are now OK?

I'm sure he did tell you that. I was told a lot of untrue things in my class as well. Read farther down on statute 46.035 you you will see section (i). That is where it states churches, hospitals, amusement parks, etc. must be posted 30.06 to be prohibited to carry. The problem is that when laws are changed, they don't always (generally) remove the prior law, just make amendments to it so you have to read ALL of the statutes.

[KD5NRH]

I Just took my class January 23rd and my instructor told me churche's are prohibited, and it's still in the book that the DPS sent me along with my packet. The Instructor DID SAY that the church may apply with the local DA for an exemption for them to be allowed, and to find out you must check with your DA and Church, or try to get your church to be applied as such.

Can anyone find me where it says that church's are now OK?

46.035(i)

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(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;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(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.
(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(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.
(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.
(h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:
(1) an active judicial officer, as defined by Section 411.201, Government Code; or
(2) a bailiff designated by the active judicial officer and engaged in escorting the officer.
(h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was:
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section 411.201, Government Code; or
(3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.
(j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

This was changed in 1997: http://www.capitol.state.tx.us/tlodocs/ ... 02909F.htm" onclick="window.open(this.href);return false;
If DPS and the instructors haven't caught up with it yet, there need to be some public floggings.

[Sewer_Ice]

Okay, thanks guys, guess I just needed to read part (i), guess I skimmed over that.

Looks like I can carry in a few more places than I thought.

Now whats it going to take to allow me to carry inside buildings on campus? People in the Senate to get off their rear? A legislative session every year instead of every 2 years?

[wgoforth]

Okay, thanks guys, guess I just needed to read part (i), guess I skimmed over that.

Looks like I can carry in a few more places than I thought.

Now whats it going to take to allow me to carry inside buildings on campus? People in the Senate to get off their ***? A legislative session every year instead of every 2 years?

You will quickly learn that LEO's and instructors are often some of the less educated on the laws. INSIDE a school building is an absolute no-no until, as you suggest, campus carry becomes passed.
BTW...you might consider editing your post... the forum is pretty strict on profanity.

[Sewer_Ice]

Okay, thanks guys, guess I just needed to read part (i), guess I skimmed over that.

Looks like I can carry in a few more places than I thought.

Now whats it going to take to allow me to carry inside buildings on campus? People in the Senate to get off their ***? A legislative session every year instead of every 2 years?

You will quickly learn that LEO's and instructors are often some of the less educated on the laws. INSIDE a school building is an absolute no-no until, as you suggest, campus carry becomes passed.
BTW...you might consider editing your post... the forum is pretty strict on profanity.

Thanks for reminding me, I already got a post edited and e-mailed to me .

I think the whole campus carry thing is kind of funny/ironic in a way. I don't think the anti's know we can carry ON CAMPUS, just not into buildings, and if they did they'd feel:
A. Unsafe
B. Angry
C. Ridiculous
D. Confused
E. All of the above.

Little college humor for ya.

[The Annoyed Man]

A church is no longer a prohibited building and must display a 30.06. In fact, I will be carrying as I stand in the pulpit today.

I played guitar and sang for the 1st through 4th graders at church today — 3 services — wearing my Kimber UC II OWB under an untucked shirt. Nobody was the wiser. Between me and a couple of other guys who carry, it was the safest childrens' service in Grapevine!

[wgoforth]

A church is no longer a prohibited building and must display a 30.06. In fact, I will be carrying as I stand in the pulpit today.

I played guitar and sang for the 1st through 4th graders at church today — 3 services — wearing my Kimber UC II OWB under an untucked shirt. Nobody was the wiser. Between me and a couple of other guys who carry, it was the safest childrens' service in Grapevine!

LOL, know what you mean. That's REAL church disipline!

[chabouk]

The Instructor DID SAY that the church may apply with the local DA for an exemption for them to be allowed, and to find out you must check with your DA and Church, or try to get your church to be applied as such.

You know, I get that not everybody keeps up with the laws the way they should, not even instructors. Although it's pretty ridiculous to be 13 years out of date.

But the part about the DA is absolute hogwash. It never was the law, and the local DA has never had any authority to approve carry in a place the legislature made off limits. If CHL fees remain as high as they are, I wish they'd hire one person to go around the state and sign up to take classes undercover, and start yanking instructor licenses for this kind of nonsense.

[wgoforth]

Yeah, they told us in CHL class you had to have permission of the church leadership to carry... so I asked myself and said "yeah" and gave myself permission.

[Sewer_Ice]

[quote="chabouk"
You know, I get that not everybody keeps up with the laws the way they should, not even instructors. Although it's pretty ridiculous to be 13 years out of date.

But the part about the DA is absolute hogwash. It never was the law, and the local DA has never had any authority to approve carry in a place the legislature made off limits. If CHL fees remain as high as they are, I wish they'd hire one person to go around the state and sign up to take classes undercover, and start yanking instructor licenses for this kind of nonsense.[/quote]

It seemed that my instructor had been teaching since the dawn of CHL, there were actually SEVERAL instructors. By my opinion, they did not conduct themselves professionally. One would say, "Just because your around ALL chl'ers, don't unconceal... while they carried did exactly this. Several other things as well, political overtones, lack of knowledge on castle doctrine, sales attempts, and so on. What got me and SEVERAL OTHERS angry was that Bass Pro shop had their business cards for the class, and told us the WHOLE CLASS was held there, I asked the guy at the range this. We did the class IN THE WAREHOUSE (no heat), and did the shooting test at a range 15 minutes AWAY!! I sincerely doubt any of those 3 instructors even go on the internet, so unfortunately they won't be reading this.