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Firemountain an amusement park ?
Posted: Sun Dec 21, 2008 9:58 pm
by LedJedi
I just got a call from a buddy of mine. He was in a new business in my home town called Fire Mountain. It's sort of an arcade with put-put golf and air hockey and that kind of thing. He said he was "made" by an officer and approached (very nicely) and asked if he was a LEO and noticed his weapon imprint. My buddy explained he was a CHL and the LEO politely to put his weapon in the car because the business was zoned as an "amusement park" and thus didn't allow for chl carry.
The officer was apparently very cool about it and even went on to say he didn't agree with the law and that if you had a chl you should be able to carry anywhere in his opinion and even stated that the business was out of compliance by not posting a sign, but he appreciated my friend complying by putting his weapon away.
A few questions on this... can this business truly be branded as an "amusement park" as listed in the relevant laws? Has there been a precedent of such a thing set already and i'm just not aware of it? What kind of signage would be required (referring to the officer's statement)? I'm a bit baffled that something like a game room could legally be labeled as an amusement park and thus bar CHLs... maybe i've been living in a dream land?
Re: Firemountain an amusement park ?
Posted: Sun Dec 21, 2008 10:32 pm
by flb_78
The LEO is wrong. One can carry in an amusement park, unless it's posted 30.06.
Re: Firemountain an amusement park ?
Posted: Sun Dec 21, 2008 10:35 pm
by flb_78
(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:
(5) in an amusement park; or
(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.
(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.
Re: Firemountain an amusement park ?
Posted: Sun Dec 21, 2008 10:42 pm
by seamusTX
Sorry. It's a 30.06 sign or oral notification. If someone with apparent authority tells you to leave private property, leave.
If they're telling you to leave because of your race, religion, national origin, or disability, file a claim. (Sex is a mixed bag.)
Arguing with a cop is a quick way to get a ride to the pokey. The officer in this case sounds like one of the best.
If this place is worth returning to, I might write a polite letter explaining the law. The response might be proper 30.06 signs.
- Jim
Re: Firemountain an amusement park ?
Posted: Tue Dec 23, 2008 1:16 am
by srothstein
While the officer could ask your friend to leave, and it would be valid under 30.06, the officer was wrong on his logic. As posted, even an amusement park requires posted 30.06 signs to generally ban.
But, and I am guessing here from a quick google search, if you mean Fire Mountain Amusements in Tyler, the officer was wrong because it is not an amusement park. Their web site states it is only 16 acres, which does not meet the definition FLB_78 already posted.
Re: Firemountain an amusement park ?
Posted: Tue Dec 23, 2008 1:25 am
by LedJedi
srothstein wrote:While the officer could ask your friend to leave, and it would be valid under 30.06, the officer was wrong on his logic. As posted, even an amusement park requires posted 30.06 signs to generally ban.
But, and I am guessing here from a quick google search, if you mean Fire Mountain Amusements in Tyler, the officer was wrong because it is not an amusement park. Their web site states it is only 16 acres, which does not meet the definition FLB_78 already posted.
it's the fire mountain that just opened in Palestine, Tx. which i'm sure is not that large.