Bartholomew Roberts
Member
It depends on the hospital. Teaching hospitals that are part of a university system are considered campus areas and do not need to be posted. That is one to watch out for.
TX gun laws? and things I'm missing
- Thread starter dukefan70
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It depends on the hospital. Teaching hospitals that are part of a university system are considered campus areas and do not need to be posted. That is one to watch out for.
El Tejon
Member
1. Silly dress code rules, concealment.
2. Cannot carry in a tavern. Carrie Nation b.s.
3. Long list of prohibited areas--nursing homes, amusement parks, churches, government meetings, polling stations, sporting events, inter alia.
Texas used to restrict what type of handgun one could carry but I believe that was amended a couple of years ago.
So, if you like guns, why Texas?
dogtown tom
Member
Maybe you should read a bit about Texas firearm law before posting again.
.
El Tejon
Member
Your contention is that the 51% statute in Texas has been abolished?
It is your contention that open carry is permissible?
It is your contention that Texas does not have a long list of prohibited areas for carry?
Please advise.
huntsman
Member
So getting a Federal rectal exam instead of a state is preferable to you? The gun loving freedom loving Texas law is going to force me into a FED rectal exam in order to retain my Ohio CCW, courtesy of the Rich Ohio guys who travel to Texas.
El Tejon
Member
Texas's lack of reciprocity stinks too, but can't you Buckeyes just carry on a Florida license?
It was a brutal fight to get an agreement with Texas here in Indiana. Heck, the Texas state legislature had to change the law to take it away from their state police. They were completely anti-gun. Just glad we don't have to deal with them anymore.
It was a brutal fight to get an agreement with Texas here in Indiana. Heck, the Texas state legislature had to change the law to take it away from their state police. They were completely anti-gun. Just glad we don't have to deal with them anymore.
huntsman
Member
The rich guys in Ohio want our law changed for Texas acceptability. The current Ohio CCW law only uses a state background check which I'm not thrilled about but I find far more palatable than a Federal check.
Normally it wouldn't bother me that Texans exist in a delusional state of RKBA, until it affects my RKBA, that's when their chest thumping gets old.
El Tejon
Member
Texas tried to screw us Hoosiers too. Thankfully the good people in Texas put the kybosh to state po-po monkeyshines.
Delusional is right. When I was dealing with their state police, their attorney told me that since Indiana recognizes everyone in the world that he was worried about terrorists carrying in Texas since Indiana recognized Texas. Somehow this was a concern to Texas.
Any excuse not to enforce the RKBA, which if they confine it to Texans I don't care, but when they mess with the rest of us I get mad.
Delusional is right. When I was dealing with their state police, their attorney told me that since Indiana recognizes everyone in the world that he was worried about terrorists carrying in Texas since Indiana recognized Texas. Somehow this was a concern to Texas.
Any excuse not to enforce the RKBA, which if they confine it to Texans I don't care, but when they mess with the rest of us I get mad.
Churches must be posted and the long arm prohibition is in the municipal code for San Antonio. The law has been posted before. It was designed to bust gang members who were buying cheap SKS rifles way back when and driving around with them. Same rational as the knife laws.
It hasn't been challenged. I have personally talked to the SAPD a few years ago and they know that law. Lately, they have been hesitant to use it and then get it thrown out.
It hasn't been challenged. I have personally talked to the SAPD a few years ago and they know that law. Lately, they have been hesitant to use it and then get it thrown out.
dogtown tom
Member
My "contention" is your first post is rife with errors and misconceptions:
1. Silly dress code rules, concealment.
There is no "dress code" silly or otherwise....only that a handgun be carried concealed. You could be buck naked and not violate the law if you hold a Texas CHL.
2. Cannot carry in a tavern. Carrie Nation b.s.
Texas doesn't bar carrying in a "tavern"........they are specific as to the amount of sales of alcohol, not the type of business selling alcohol.
3. Long list of prohibited areas--nursing homes, amusement parks, churches, government meetings, polling stations, sporting events, inter alia.
So much fail:banghead: it hurts my head. READ our laws.
Texas used to restrict what type of handgun one could carry but I believe that was amended a couple of years ago.
Texas has NEVER restricted what type of handgun one could carry.
heycods
Member
"Texas used to restrict what type of handgun one could carry but I believe that was amended a couple of years ago."
"Texas has NEVER restricted what type of handgun one could carry."
IN a sense thats true, in the past (since amended) if you qualified with a revolver for CC you werent allowed to carry a simi. I was glad to see that amended. My wife carrys a smith 36, If I throw my 1911 in her purse she was illegal up until the new laws cam to apply.
Another overlooked part of Texas law is it isnt illegal to carry concealed in YOUR vehicle. ie loaded and within reach but must be hidden from view.
"Texas has NEVER restricted what type of handgun one could carry."
IN a sense thats true, in the past (since amended) if you qualified with a revolver for CC you werent allowed to carry a simi. I was glad to see that amended. My wife carrys a smith 36, If I throw my 1911 in her purse she was illegal up until the new laws cam to apply.
Another overlooked part of Texas law is it isnt illegal to carry concealed in YOUR vehicle. ie loaded and within reach but must be hidden from view.
dogtown tom
Member
Correct, but what the Indiana experts on Texas firearms law fail to grasp is that Texas law does not restrict the OPEN carry of handguns under several circumstances......and in some cases REQUIRES open carry.
Simply reading one portion of Texas law doesn't give you anything close to an accurate understanding of Texas firearms law.
rbernie
Contributing Member
One area in which I believe Texas has made great movement forward is in codifying the link between the State's 'castle doctrine' types of laws and their gun restrictions/prohibitions.
For example, carrying a loaded firearm in your vehicle is now legal without a carry permit, based on the logical linkage between the 'car as an extension of your property' and 'legal to carry without a license on your property' legal notions. Previously, there was some rubbish around being in a 'travelling status' before such carry was legal, and that rubbish has been rightfully binned. Under that same broad philisophical umbrella, Texas also now prohibits employers from banning an employee from transporting and storing firearms or ammunition in a car parked on employer property.
I consider that significant useful progress.
For example, carrying a loaded firearm in your vehicle is now legal without a carry permit, based on the logical linkage between the 'car as an extension of your property' and 'legal to carry without a license on your property' legal notions. Previously, there was some rubbish around being in a 'travelling status' before such carry was legal, and that rubbish has been rightfully binned. Under that same broad philisophical umbrella, Texas also now prohibits employers from banning an employee from transporting and storing firearms or ammunition in a car parked on employer property.
I consider that significant useful progress.
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ClickClickD'oh
Member
El Tejon said:
He probably means that your list of prohibited places is completely wrong, and Texas has never placed a prohibition on what handgun you can carry.
Here is the complete list of places prohibited:
PC §46.03. PLACES WEAPONS PROHIBITED.
(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 pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack; or
(5) in or into a secured area of an airport.
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.
(c) In this section:
(1) “Premises” has the meaning assigned by Section 46.035
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(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:
(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;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) 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, at any meeting of a govern-mental entity.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(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.
(2) “License holder” means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(3) “Premises” means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.
(h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was:
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section 411.201, Government Code; or
(3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.
(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.
(j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.
(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.
It is important to remember to read all the way to the end. Most people stop before they get to PC §46.035.i
El Tejon said:
Change what law to take what away from the TX DPS? TX DPS are anti-gun? They still run CHL. What are you even talking about?
huntsman said:
So, your hangup with Texas is that they run a real background check before issuing the license instead of doing it half A'd? Seriously, is the NICS check really that scary?
El Tejon said:
You know, Texas law is only applicable to you when you are in the State of Texas right? "screwing with [you]" was in fact nothing more than the State of Texas saying that if you want to come here and carry a gun under a license issued by another state then your state must have requirements that meet ours.
Because you know, you could just get a Texas non-resident CHL... Then you wouldn't have to worry about reciprocity at all.
Oh the epic screwing....
dukefan70, don't listen to these misinformed bed wetters. The Texas CHL is very easy to obtain. It's a one day course focusing mostly on law that most instructors will offer any time as long as they can get 4 or 5 people to sign up. I've seen them break it up over multiple days after work. Yes, there is a shoot proficiency portion in which 50 rounds are expended. It is stupidly simple. If someone can't pass it, they really shouldn't be carry a gun in public. One thing to remember is that the Texas CHL course is NOT teaching a skill course. It's a lecture on the law regarding the use of lethal force and a quick skills verification.
No, you don't need a CHL to carry any firearm on your own land. Yes, open carry of long guns is legal, but will most often get the attention of the police and a discussion at the least. Long gone are the days when every pickup in Texas had a rifle or shotgun in the back window.
Texas overall is a very firearms friendly state, after all, how many other states have an express line in their capital building for people carrying guns? But, we do have mass imports of people from the left coast and the upper northeast, so there are plenty of people here who still freak out around guns.
heycods said:
Then just test with the Semi and carry what ever. I never saw any reason to test with the revolver. That was a silly bit of law copied directly from the Level III security officer regulations (which is also where the shooting test came from). It still survives in the security officer regulations due to the fact that some security agencies issue firearms to their guards...and some still issue .38 revolvers.
El Tejon
Member
This is incorrect as a matter of law, at least the history of the law.
If one qualified with a revolver, one is prohibited from carrying a self-loading pistol--a prohibition on what handgun you can carry.
Things are getting better and better in Texas but is far, far removed from the media-inspired nonsense.
I am talking about Texas law which was changed several years ago (2004) to take away the reciprocity agreement authority from DPS and move it to the Texas Attorney General.
Again, I am speaking of history, likely ancient history now.
But this was the nonsense that I ran into while dealing with Texas. It was maddening.You may want to advise DPS, as they tried to screw us blue but the Texas legislature fixed their little red wagons and took away their reciprocity authority.
We fought DPS tooth and nail for two solid years. Yes, DPS is anti-gun, or, perhaps better to say, DPS was rabidly anti-gun.
El Tejon
Member
Cheese and crackers. Your motion to change the facts will be dened.
1. Texas mandates a dress code, concealment.
2. Texas bars carrying in taverns. They have big, old red 51% where I cannot carry while I drink.
3. Texas still has a long list of restricted no carry areas. It is right there in your state law.
4. Texas prohibited the types of handguns one could carry. If one qualified with a M36, then one could not carry a 1911. Texas restricted the type of handgun one could carry.
El Tejon
Member
The sun has riz, the sun has set, and we ain't out of fail yet.
Exceptions are not the rule. You cannot cite exceptions and make people believe that this is the rule.
Texas mandates concealment for the carrying of handguns. There are exceptions and "concealment" attitudes are becoming looser.
ClickClickD'oh
Member
No it's not a prohibition on what gun you can carry since there was no prohibition on, or extra fees associated with testing with the semi-auto.
If you wanted to carry a revolver only, you tested with a revolver. If you wanted to carry anything you wanted, you tested with the Semi.
El Tejon said:
And where exactly would the reciprocity of your Indiana or Ohio licenses be in question when regarding Texas reciprocity agreements?
El Tejon said:
Sounds like you tilted at windmills for two years. Unless you really, truly believe that Texas CHL regulations have anything to do with you in Indiana on Ohio. Then you're just delusional.
El Tejon said:
Texas law prohibits you from carrying a firearm while consuming any amount of alcohol no matter where you are.
And Texas law does not prohibit the carry of firearms in "taverns" how every you may define the word. You may carry in any place that derives less than 51% of their income from alcohol sales intended to be consumed on the property. So you can carry in liquor stores, hooters, applebees, chilis, TGIfridays etc.
El Tejon said:
I just posted the actual law for you to prove that you were wrong on most accounts. Perhaps reading it instead of playing out of state junior legal eagle would help your case.
El Tejon said:
There's not much point in discussing something with a person who will vehemently defend themselves no matter how wrong they are. And you sir, are wrong.
El Tejon said:
Then test with the 1911, or any other semi-automatic pistol.
huntsman
Member
yeah I got this crazy notion that state RKBA should be unencumbered by .gov as much as possible. Bending a knee and kissing the King's ring seems like a step back to me, funny I would have thought others who believe in Liberty would agree.
ClickClickD'oh
Member
huntsman said:
Oh spare us. You're allowing your RAH RAH RKBA to cloud basic logic.
Do you happen to buy all your firearms from private party sales to also avoid the NICS check?
With the huge number of people moving into our state, Texas would be flat our irresponsible to only run a state level criminal background check instead of running a proper federal level one.
Bend knee and kings ring and all that. If you can't pass a federal background check you have no right owning, much less carrying in public, a firearm anyways, so I don't care about your non-existent RKBA. Spare me the angst.
rbernie
Contributing Member
Stated another way - Texas supports the use of a CHL as a means by which gun purchasers avoid a NICS check at each transaction, specifically because they ran the NICS check when they issued the CHL to the purchaser. So long as the CHL remains valid, so does the exemption from a transactional NICS check.
How is that A Bad Thing? It effectively ensures that each firearm transaction that I make is not visible outside of the parties involved in the transaction, until such time as the ATF specifically pulls the 4473 from the dealer.
How is that A Bad Thing? It effectively ensures that each firearm transaction that I make is not visible outside of the parties involved in the transaction, until such time as the ATF specifically pulls the 4473 from the dealer.
dogtown tom
Member
Incorrect?...........not by a long shot.:banghead:
Again Texas has never placed a prohibition on the type of firearm that is OPEN carried, carried in a vehicle while not in plain view, etc.
The ONLY prohibition that ever existed is was on CONCEALED CARRY of a handgun by a CHL holder who took the test with a revolver..........a miniscule number of CHL holders by the way.
Absolutely, 100% wrong.
Prove it.
Texas law does not require certain dress, a dress code or anything of the sort.....only that the firearm be concealed by the CHL holder. A backpack, a purse, a paper sack, a sock or today's newspaper will all suffice.
Again, you don't know jack about what Texas law actually says.
Point out where "taverns" is mentioned in Texas law Mr Expert.
No kidding............but you didn't read the rest that says notice must be given.:banghead:
Horsehockey.
You keep referring to "carry" as if there is only one kind of "carry"......there isn't. Your blanket statement is complete fail. Texas law does not prohibit OPEN FREAKING CARRY of handguns in several circumstances as well as not requiring a CHL to do so. A CHL is only required when you plan to carry concealed.
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You need to go back and read the whole law as amended in the 2011 - 2012 legislature. You may in-fact carry in Churches, Hospitals, Nursing Homes Etc. unless they post a 30.06 sign.
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