TexasCHLforum.com

I visited Beuscher State park today and grabbed a copy of something titled, "Texas State Park Rules and Regulations".

Section 59.134 Rules of Conduct in Parks, subsection (f), reads as follows:

Arms and firearms. It is an offense to:

(1) possess a firearm with a cartridge or projectile in any portion of the mechanism, except when authorized by the commission or director;

(2) display a firearm except when authorized by the director or the commission;

(3) discharge across, in, or into a state park any arm, firearm, or device capable of injuring or killing any person or animal or damaging or destroying public or private property, except when authorized by the director.

My question is, is (1) enforceable on CHL holders carrying concealed? Off hand I would think not, as the above is only a part of the "park rules and regulations" and not state law passed by the legislature. Also, the section of state law that specifies prohibited places does not list state parks among them.

The park entrance has a "No Firearms Allowed" sign.

Of course I ignored the sign because a state park is clearly government-owned property and by law my understanding is that such property cannot be enforceably posted. (And it isn't leased to any private entity either! ) I was riding my motorcycle and carrying my little Kel-tec P32 in a pocket holster at the time. I picked up the rules and regs leaflet when I went inside to pay the $2 fee to enter.

So if it is not against the law to carry in the park, how can they be distributing this leaflet that quotes park rules stating that no guns are allowed?

I wonder what Jerry Patterson would do?

This has come up before. CHL holders can carry in state parks. I'm sure someone will come along and post a scan of the letter that has been posted here before.

Found it:

Does anyone know if the previous executive order is still in effect? I spoke to a game warden today who told me it was illegal to carry at state parks. When I mentioned there was an executive order saying it was okay to carry at state parks she said there isn't. The order posted is from 1998 and Samson is no longer director so would it still be valid? Just got my chl and I want to stay legal.
Thanks

The wording for the state parks in flyers and wooden signs is similar to Harris county parks. I called Jesse Jones park last month and they said, as expected with the 1998 ruling, that CHL carry was fine - the signs mean that you're not supposed to discharge a firearm. I'd call that a bit deceptive since "no firearms" is not the same as "no shooting."

atxbandit...

The original letter that is included in Fosforos' post belongs to me. It was given to me by a TPW State Park Ranger (not a Game Warden) when I asked about CHL's in State Parks a few years back. As far as I know, this order has never been rescinded. The last time I personally checked on this issue was about one year ago and it was still in effect.

If you go to TP&W's web site and search for "concealed handgun" you will find several instances that mention that firearm prohibitions do not apply to CHL holders while on State Wildlife Management Areas and public hunting lands. There is however, no mention of such as it relates to State Parks that I have been able to find.

If you want to go right to the source, call TP&W at (800) 792-1112 and start up the management ladder until you find the right person to answer your question. You might get more reliable information this way instead of asking a game warden in the field who may not be current on CHL policy in the parks.

ETA: I also carry a copy of this letter whenever I camp in a State Park in case of an encounter like you described above. You can right click, save image as: on the image in Fosforos' post and print a copy for yourself if you like. Or ask the warden or ranger to refer to executive director order 98-001 if they question the authenticity of the letter.

I thinks its terrible that if that is in fact the law, that a Game Warden would say otherwise.

If the warden insists it's against the law, ask for a cite of the relevant law.

If he cites a policy, ask how that policy can be valid, since only the Legislature can restrict (or permit) carry of handguns.