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NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 9:00 am
by Teamless
September 3, University of Houston Cougars are playing Oklahoma at NRG Stadium.

I believe, I am allowed to either OC or CC at this event, but, I just wanted to check in advance.

Thoughts?
Thanks

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 9:24 am
by RoyGBiv
Absolutely not.

46.035
(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 or carried in a shoulder or belt holster, on or about the license holder’s person:
.....
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 9:25 am
by Teamless
I was concerned about that.
but was hopeful..... that with Campus Carry now "legal" and that this is a college event, this was set aside.

Thanks for your response

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 9:33 am
by RoyGBiv
Teamless wrote:I was concerned about that.
but was hopeful..... that with Campus Carry now "legal" and that this is a college event, this was set aside.

Thanks for your response
You know what...... I might be wrong...
Re-reading SB11 now... Stand by...

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 9:39 am
by RoyGBiv
OK.. Here's the relevant text of SB11...
SECTION 3. Sections 46.03(a) and (c), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm, illegal
knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless:
(A) pursuant to written regulations or written
authorization of the institution; or
(B) the person possesses or goes with a concealed
handgun that the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, and no other weapon to which this
section applies, on the premises of an institution of higher
education or private or independent institution of higher
education, on any grounds or building on which an activity
sponsored by the institution is being conducted, or in a passenger
transportation vehicle of the institution;
And the current (my original response was OLD text!! Sorry!) 46.03
Emphasis is mine...
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless:

(A) pursuant to written regulations or written authorization of the institution; or

(B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;
Incorrect conclusion... see post below...
T̶h̶e̶ ̶c̶u̶r̶r̶e̶n̶t̶ ̶t̶e̶x̶t̶ ̶r̶e̶a̶d̶s̶ ̶t̶o̶ ̶m̶e̶ ̶(̶m̶y̶ ̶O̶P̶I̶N̶I̶O̶N̶)̶ ̶t̶h̶a̶t̶ ̶c̶o̶n̶c̶e̶a̶l̶e̶d̶ ̶c̶a̶r̶r̶y̶ ̶i̶s̶ ̶o̶k̶ ̶a̶n̶d̶ ̶o̶p̶e̶n̶ ̶c̶a̶r̶r̶y̶ ̶i̶s̶ ̶n̶o̶t̶ ̶o̶k̶,̶ ̶u̶n̶l̶e̶s̶s̶ ̶t̶h̶e̶ ̶s̶c̶h̶o̶o̶l̶ ̶h̶a̶s̶ ̶d̶e̶c̶i̶d̶e̶d̶ ̶t̶o̶ ̶s̶p̶e̶c̶i̶f̶i̶c̶a̶l̶l̶y̶ ̶p̶r̶o̶h̶i̶b̶i̶t̶ ̶C̶C̶ ̶a̶n̶d̶ ̶h̶a̶s̶ ̶p̶o̶s̶t̶e̶d̶ ̶s̶i̶g̶n̶s̶.̶

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 9:46 am
by RoyGBiv
Maybe I should just shut up.... :oops:
Looks like my initial reply was correct....
46.035 appears to prohibit carry (including CC) at a sporting event.


Current 46.035....
(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06.

....................

(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion.

(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 or carried in a shoulder or belt holster, on or about the license holder's person:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 10:27 am
by ScottDLS
RoyGBiv wrote:Maybe I should just shut up.... :oops:
Looks like my initial reply was correct....
46.035 appears to prohibit carry (including CC) at a sporting event.


Current 46.035....
(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder carries a handgun on the campus of a private or independent institution of higher education in this state that has established rules, regulations, or other provisions prohibiting license holders from carrying handguns pursuant to Section 411.2031(e), Government Code, or on the grounds or building on which an activity sponsored by such an institution is being conducted, or in a passenger transportation vehicle of such an institution, regardless of whether the handgun is concealed, provided the institution gives effective notice under Section 30.06.

....................

(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a license holder commits an offense if the license holder intentionally carries a concealed handgun on a portion of a premises located on the campus of an institution of higher education in this state on which the carrying of a concealed handgun is prohibited by rules, regulations, or other provisions established under Section 411.2031(d-1), Government Code, provided the institution gives effective notice under Section 30.06 with respect to that portion.

(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 or carried in a shoulder or belt holster, on or about the license holder's person:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

This appears to prohibit OPEN CARRY at a collegiate sporting event. Unless notice provided under 30.06 it appears you may carry concealed.

ETA:
Text of subsection effective on Aug. 1, 2016
(l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06.

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 10:44 am
by RoyGBiv
46.035
(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 or carried in a shoulder or belt holster, on or about the license holder's person:

/snip

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
46.035 seems to say concealed is not ok...

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 10:50 am
by mr1337
ScottDLS wrote:
Text of subsection effective on Aug. 1, 2016
(l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06.
I think that settles it. 30.06 must be posted at collegiate sporting event in order to be prohibited. Clear as day.

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 10:59 am
by howdy
:iagree:

I can bet they will have the sign and wanding all people entering. I would leave it in my car safe.

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 11:36 am
by Teamless
IF it is the case that they need to post 30.06

Then we go back to the question, can they post 30.06 at government owned facilities, whether it be Cougars Stadium or NRG?

AND, would hate to park somewhere near NRG, get to the gate, see 30.06 and have to make my way back to my vehicle to drop off the prohibited items....

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 1:39 pm
by casp625
Teamless wrote:IF it is the case that they need to post 30.06

Then we go back to the question, can they post 30.06 at government owned facilities, whether it be Cougars Stadium or NRG?

AND, would hate to park somewhere near NRG, get to the gate, see 30.06 and have to make my way back to my vehicle to drop off the prohibited items....
Yes they need 30.06 notification to prohibit CC. And yes they can post subject nice they are 46.035 listed. Read 30.06(e)

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 2:14 pm
by Teamless
More reasons to remove all of the off limits locations

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 6:13 pm
by ralewis
casp625 wrote:
Teamless wrote:IF it is the case that they need to post 30.06

Then we go back to the question, can they post 30.06 at government owned facilities, whether it be Cougars Stadium or NRG?

AND, would hate to park somewhere near NRG, get to the gate, see 30.06 and have to make my way back to my vehicle to drop off the prohibited items....
Yes they need 30.06 notification to prohibit CC. And yes they can post subject nice they are 46.035 listed. Read 30.06(e)
Does anyone really believe that they'll be allowed by a renta-security person to enter while carrying?

Curious to see what happens if we do succeed in eliminating prohibited places next session for NFL games played in gov't owned Stadiums. The NFL requires wanding I believe, I can't imagine it being ok to enter the Cowboys stadium (which I believe is gov't owned).

Re: NRG Stadium - Concealed / Open carry (College ball)

Posted: Fri Aug 05, 2016 8:53 pm
by mojo84
Carry and let us know how it works out for you. :mrgreen: