In reference to the cities' attempted regulation of CHL carry:
This is from the Texas State Rifle Association's email of 6/21/2003:
Governor Rick Perry has signed into law SB 501 by Senator Armbrister
(D-Victoria) and Rep. Suzanna Gratia Hupp (R-Lampasas) clarifying for
Texas Concealed Handgun Licensees again in law that it's the Texas
Legislature that regulates the wearing of firearm in Texas. This
landmark legislation corrects the loophole in law that allowed cities,
counties and other governmental entities to threaten Texas CHL's with
prosecution for criminal trespass if they entered certain properties
owned or managed by those entities.
Just for grins, I am including also a comment from an earlier email that year:
The main opposition was presented by the Texas Municipal League, the association of city government, and by the Association of Urban Counties. Their opposition was based on the contention that Rep. Hupp's legislation would "erode the power of cities to regulate firearms".
Rep. Hupp, our committee witnesses, and members of the committee explained to these associations that the Texas Legislature didn't give cities and counties this power so it wasn't theirs to be "eroded".
I located a copy of the bill's text here:
http://www.capitol.state.tx.us/tlodocs/ ... 00501F.doc
The relevant part of the text seems to be:
SECTION 1. Section 30.05, Penal Code, is amended by adding Subsection (f) to read as follows:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.
SECTION 2. Section 30.06, Penal Code, is amended by adding Subsection (e) to read as follows:
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
I am not a lawyer, so you gotta figure this out for yourself or go find a lawyer if you really want to be sure. However, it appears to me that yes, you can be arrested for carry a handgun on posted city property, but you can use your CHL as a defense. This does not appear to me to be a "nice" as actually forbidding cities to mess with CHL holders, but it is better than nothing. Maybe the effect of this is the cities give up and don't bother, but given the actions of a certain DA in a certain large city with regards to a certain law on "traveling," I wouldn't count on this in all jurisdictions. The DA for Bexar County strikes me as having a much more correct view of citizen rights than certain other DAs, but I cannot tell what will happen in a specific circumstance with a specific cop.
Nevertheless, I carry my CHL and my handgun whenever I am in San Antonio including the Riverwalk (and have for a number of years), and have not encountered too many difficulties. I generally don't go to bars that have the 51% rating anyway, so not a big deal to me. I definitely DON'T go to San Antonio without my CHL accoutrements except under the most direst duress, e.g. I have to go on one of the military bases for something.
Historical interlude/"old timer's" story: When I visited the Riverwalk for the first time in 1980, on a break from ROTC summer field training, we were basically told to stay away from the R-walk at night for fear of being mugged, and from many other areas of San Antonio even in the day time. Since we were all young pups and would obviously not heed this advice, our officers told us to at least stay away from the darker areas and the bridge overpasses as much as possible. The Riverwalk has improved CONSIDERABLY since then, but occasionally bad things still happen, and can happen on the way to/from the Riverwalk.
Maybe next session someone will jump on Governor Perry's musings after the Virginia Tech rampage, where he thought maybe we should just do away with all the prohibited zones for CHL carry. Works for me!