Austin city worker told me "we don't want guns in our parks"

What park are you wanting to carry in, a city park? If so, you should know that you CAN carry in a city park.

If you want legal advice you ask a lawyer

austin (the city) might have restrictions, but texas and federal do not.

as to his reply, it sounds like you are allowed to, he was just trying to evade the question and give his own opinion. if it actually was illegal, he likely would have specifically said so.

You can carry there. You can carry in Big Bend National Park now, if you like. It's all legal. So long as there's no 30.06 sign, so long as the park doesn't make 51% or more of its income from consumption of liquor on premises (with appropriate signage), and so long as it's not a school building or courthouse, you can carry.

I live in Austin, there are very few places you cannot carry.

newbie4help, it is your responsibility to know where you can and cannot carry. The rules really are pretty simple. Prince Yamato gave a pretty thorough list. I'd add professional sporting venues to his list.

austin (the city) might have restrictions, but texas and federal do not.

Click to expand...

Texas has preemption in this matter. In fact public parks are called out SPECIFICALLY as places CHLs are allowed, and places that local governments cannot restrict CHL carry.

The Texas DPS booklet with all this info:

http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf

Texas Local Government Code part 229:

Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.

(b) Subsection (a) does not affect the authority a municipality has under another law to:

(sections removed,bunch of stuff about fire codes and shooting in the city limits)
(6)regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:


(A) public park;

(sections removed)

Click to expand...

I don't mean to beat a dead horse here but you should not be asking city employees this kinds of questions. As competent and well-meaning as they may be (or not be) they do not always know the law and it is not their responsibility to know the law or educate the public on the law. If you were told that it was allowed and it turns out it was not, and you were caught, saying that a city employee who answered the phone told you that you could would not be an excuse. The penalties for getting caught with a gun where you should not have one, or for needing one and not having it, are too great to take risks.

The man who answered the phone was likely either just giving his own opinion or was not knowledgeable about the law. Either way, I wouldn't give any credence to what he said.

If you want legal advice, talk to a lawyer. If you are confident enough in your own research abilities, there are plenty of resources online that say what is off-limits in every state. www.handgunlaws.us is a great place to start.

If you're going to carry a gun it is up to you to verify, from reliable sources, where you are not allowed to carry.

The man responded "we do not want guns in our park.".



Ah, it's not his park, It's your park.

What about the restrictions on LCRA land?

Im under the impression it's still illegal to carry on Lower Colorado River Authority land (LCRA) which is present in many neighborhoods or park appearing areas in Texas...

A visit, and participating membership, in theTexas CHL Forum might result in more definitive answeres than a phone call to the Parks Dept.

salty

I called up to ask if I was allowed as a CHL holder to carry my sidearm into a wilderness area within the city.
The man responded "we do not want guns in our park."

Click to expand...

If it were truly not allowed, he would have told you so instead of evading the question.

Im under the impression it's still illegal to carry on Lower Colorado River Authority land (LCRA) which is present in many neighborhoods or park appearing areas in Texas...

Click to expand...

Statute amended in 2007 for this.

http://www.txdps.state.tx.us/administration/crime_records/chl/LegisChangesCHLStatute07.pdf

SB 535 Carrying on LCRA Property
• Creates exemption for CHL holders from Parks and Wildlife Code prohibition
against hunting with, possessing, or shooting a firearm on the land of the Lower
Colorado River Authority
• Prohibits any state agency from adopting a rule that would prohibit a CHL holder
from entering or crossing the land of the Lower Colorado River Authority under
certain circumstances

Click to expand...

If it were truly not allowed, he would have told you so instead of evading the question.

Click to expand...

I wouldn't count on that. Just look at this thread. If CHL holders don't even know the rules why would some guy answering the phone?