TexasCHLforum.com

I need a little help.
Church member wants the print out on church carry & the "it is a defence to prosecution......."

Can someone post it for me please?

Carrying by a CHL in church:

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(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:
(6) on the premises of a church, synagogue, or other established place of religious worship.
(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.

It's not a defense to prosecution; it's simply not an offense.

That said, I don't know of anyone avoiding arrest by discussing the law with a police officer. I wouldn't even try.

- Jim

Got it. Thanks Jim.

seamusTX wrote:(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.

What is the point of having that list in the code if those areas don't apply without a 30.06 posting?

TheArmedFarmer wrote:

seamusTX wrote:(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.

What is the point of having that list in the code if those areas don't apply without a 30.06 posting?

(i) was added later.

TheArmedFarmer wrote:

seamusTX wrote:(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.

What is the point of having that list in the code if those areas don't apply without a 30.06 posting?

As LarryH said, it was added later.

The reason it was done this way was simplicity and visibility.

Rather than try to open up the entire section to revision, is was simpler to just one more small section to amend the earlier sections.

Also it had much lower visibility. The CHL law was still fairly new and there was a desrire not to give the antis any fodder to rile up their troops. It worked so well that years later when I took my first CHL Instructor's course, many returning instructors were still not aware of the change. In fact, it is still a common mistake one hears. Many folks who should know better think these places are off limits, without a 30.06 warning.

This is one of my favorite statutes. I make my students read this during the lunch break, then ask questions when they get back. NONE of them have ever gotten this one correct. Even when I tell them then answer, they have trouble getting it out of the statute. I have to LEAD them to subsection (i) for the answer.

I'm still not sure I get it. Let me try...you can carry in a church unless it is 30.06 posted...is that what (i) is telling us? So a church is just like any other place?

dmac wrote:I'm still not sure I get it. Let me try...you can carry in a church unless it is 30.06 posted...is that what (i) is telling us? So a church is just like any other place?

with respect to CHL, yes.

in most other respects, not quite.

dmac wrote:I'm still not sure I get it. Let me try...you can carry in a church unless it is 30.06 posted...is that what (i) is telling us? So a church is just like any other place?

Yup, It is a place where ones bacon could be saved as well as their soul.