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Carry in Texas state park?

Posted: Tue Aug 12, 2008 10:01 pm
by blacksheepmarty
According to the CHL training I received , there was not direct mention of not being able to carry in a state park. I found this link http://www.tpwd.state.tx.us/spdest/park ... gulations/ which leads me to believe that I can carry as long as the gun is not loaded, but can't legally have it loaded, display it, or discharge it.
I have never seen a 30.06 sign at a state park, but up until now I have not been a CHL holder. I believe it's kind of strange that this was not mentioned in the CHL class.

Re: Carry in Texas state park?

Posted: Tue Aug 12, 2008 10:45 pm
by Xander
Yes and no. Yes, you can carry in state parks. No, the gun does not have to be unloaded.
On July 8, 1998, Executive Director, Andrew Sansom signed Executive Director Order No. 98-001 which reads as follows:

Nothing in the Public Hunting Lands Proclamation or State Parks Proclamation prohibits a person from possessing a concealed handgun, loaded or unloaded, under the authority of a concealed handgun license issued by this state or any other state. Persons carrying concealed handguns must comply with all concealed handgun laws.

The Executive Director reserves the right to prohibit the carrying of all firearms during certain events or in certain locations on Departmental lands.

This order is issued pursuant to Title 31, Texas Administrative Code, Sections 59.134 (f) (1) and 65.199, and is effective immediately.
As cited by the TSRA: http://tsra.com/index.php?p=page&id=88

Re: Carry in Texas state park?

Posted: Tue Aug 12, 2008 10:51 pm
by Crossfire
It probably was not mentioned in your CHL class because Texas CHL holders are not prohibited from carrying in state parks.

Re: Carry in Texas state park?

Posted: Tue Aug 12, 2008 11:04 pm
by blacksheepmarty
thank you all. This clears it up for me.

Re: Carry in Texas state park?

Posted: Wed Aug 13, 2008 12:02 am
by KBCraig
Because of our strong preemption law, no state, county, or local government property is off limits unless guns are explicitly banned by state law.

State parks are fine, because there is no law saying you can't carry there.

Re: Carry in Texas state park?

Posted: Wed Aug 13, 2008 1:37 am
by BigBlueDodge
But do remember that the rules for State Parks are not applicable to National Parks and federal lands (such as Corp of Engineer lands). Currently, these national parks are off limits, even to CHL holders. Hopefully, this will be corrected soon.

Re: Carry in Texas state park?

Posted: Wed Aug 13, 2008 8:08 am
by mr.72
Corps of Engineers lands are not national parks. They operate under yet another different set of rules.

Re: Carry in Texas state park?

Posted: Wed Aug 13, 2008 11:04 am
by pedalman
Recently, we were at Galveston State Park. I was carrying my Glock 19 in my CTAC IWB. Actually walked past the game warden, and nobody was the wiser. Cover it up, leave it alone.

I do keep a copy of that Executive Order in my truck, should I ever be "interrogated" in a State Park.

Re: Carry in Texas state park?

Posted: Wed Aug 13, 2008 11:33 am
by couzin
mr.72 wrote:Corps of Engineers lands are not national parks. They operate under yet another different set of rules.
Sorta but not entirely correct - COE operates under the same Title (36 - Parks, Forests, and Public Property) as NPS and USFS (and several other Federal agencies) - just different volumes, chapters, and parts. Goto http://ecfr.gpoaccess.gov/cgi/t/text/te ... tab_02.tpl. Basically, the original Title regarding NPS lands was just duplicated (with small differences) when the COE found themselves in the 'recreation business' in the 1940s and 1950s. The misnomer 'national parks' has been derived from the name "National Park Service."

Also - as pointed out in other threads here - there are several TPWD facilities that are on licensed or leased lands that are still owned by the COE (Federal Government) and it is the interpretation of the COE Attorney General that the COE regulation of no guns is applicable and enforceable on those licensed/leased lands (at least for the present anyway - I have a secret...).

Re: Carry in Texas state park?

Posted: Wed Aug 13, 2008 11:55 am
by mr.72
Yes but a change to the national parks gun ban may not also extend to COE property.

Re: Carry in Texas state park?

Posted: Wed Aug 13, 2008 12:39 pm
by couzin
mr.72 wrote:Yes but a change to the national parks gun ban may not also extend to COE property.
Correct - but wait for it...

Re: Carry in Texas state park?

Posted: Sun Aug 17, 2008 5:32 pm
by tarkus
The Second Amendment doesn't apply to them.

Re: Carry in Texas state park?

Posted: Sun Aug 17, 2008 6:24 pm
by anygunanywhere
tarkus wrote:The Second Amendment doesn't apply to them.
One of these days that argument will be settled.

Anygunanywhere

Re: Carry in Texas state park?

Posted: Tue Aug 19, 2008 10:08 am
by mr.72
this article:
http://www.csmonitor.com/2008/0819/p03s07-usgn.html

states that TX does not allow concealed carry in state parks.

Under the proposed new rule, the ban would be lifted only in national parks and wildlife refuges located in states that permit concealed weapons in their own state parks.

Although 48 states have enacted concealed gun permit procedures, only 24 of them currently allow concealed guns in state parks.

Those states are: Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Indiana, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, Ohio, Oregon, South Carolina, Utah, Vermont, Virginia, Washington, and Wyoming.

Re: Carry in Texas state park?

Posted: Tue Aug 19, 2008 12:18 pm
by couzin
The CS'ers have it wrong.