new to forum and am confused on a topic

[whitewolfz30]

I have seen several threads on here discussing carry in a hospital or church. It seems as though people think it's legal, but when I read Texas law 46.035, it to me seems illegal. Can you guys and gals clarify for me which it is...legal or illegal to carry at a church or hospital. The arguement seems to be whether there is a 30.06 sign but I don't see where 46.035 says anything about a sign. To me it says you can't do it...period. But I might be missing something. HELP.

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.

Thanks.

[apostate]

Why stop at (b)

[srothstein]

When you keep reading that section of the law, you will see subsection i which says those sections do not apply unless they are properly posted with 30.06 signs.

This has two effects you should be aware of. The first, and most important is that it makes it legal to carry a weapon with a CHL in those places if they are not posted. The second, and possibly more serious, is that if the location is properly posted you can be charged with two offenses at the same time. You are clearly violating the 30.06 law by going past the sign. But you are also violating 46.035 because the ban is now legal if it was properly posted.

This is the result of a political compromise to get the law changed. For the most part, it works really well for us.

[whitewolfz30]

Okay. I see it. Thanks for the help. I am really enjoying this forum. Had a CHL in VA for 5 years but am a TX resident (military) and this past Feb my wife and I got our CHL for Texas since we are living here (thankfully) again. Just came across this forum 3 days ago

[RPB]

Okay. I see it. Thanks for the help. I am really enjoying this forum. Had a CHL in VA for 5 years but am a TX resident (military) and this past Feb my wife and I got our CHL for Texas since we are living here (thankfully) again. Just came across this forum 3 days ago

Welcome.

That's a real common thing. The way the additions/amended parts are added, it's easy to quit reading too soon.
http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

[74novaman]

with what others have said.

The original CHL law passed in '96 prohibited carry in hospitals and churches. Later legislative sessions changed these areas only being prohibited with proper 30.06 posting.

But with law, lawyers and lawmakers being what they are.....instead of removing the old text, they just added some new text nullifying the old text. Nice of them to make the law so clear and simple, isn't it?

[kjolly]

You can always choose a church that is not posted and many churches have "security" teams that shoot together.