Carrying in parks

Discussion in 'Texas Concealed Handgun (CHL)' started by claymore504, Jan 10, 2017.

  1. claymore504

    claymore504 Well-Known

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    Ok, I am pretty much confused on this. Seems you can carry (open or concealed) in city parks and state parks, but there is an issue if the park land is leased from the Army Core of Engineers, making it federal land I guess. Thus came up since my family and I use Cullen park (west Houston/Katy) a lot and I have been carrying without thinking about it. I see no signs at the entrance we use, but I just started wondering what the law is and upon some random internet searching it seems you can't carry in some parks due to the lease deal I state above.

    I have looked on the site for the park and there is a very general rule stating no hunting or use of firearms allowed. I guess I can call the city, but will they give me a true answer or just say no.
     


  2. Tcruse

    Tcruse Active Member

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    All of the federal parks and land in this area (DFW) is clearly marked at the entrances and at the office.
     
  3. Coiled

    Coiled Active Member

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    Undoubtedly that will depend on who takes the call. My suggestion is to email the city/county attorney, that way it's in writing too.
     
  4. majormadmax

    majormadmax TGT Addict

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    Well, if you're calling the Army Core of Engineers, you won't get an answer. Try the Army Corps of Engineers!

    Bu the bad news is carry on Army Corps of Engineers land is still illegal. See Title 36 Section 327.13 here

    Back in October of 2014 there was an injunction against their enforcement of that rule, Nesbitt v. U.S. Army Corps of Engineers; but the ruling has been appealed to the U.S. Court of Appeals of the Ninth Circuit.

    More on that case here: https://www.mountainstateslegal.org...-v.-u.s.-army-corps-of-engineers#.WHT0en2gua7

    Cheers! M2
     
  5. claymore504

    claymore504 Well-Known

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    Thanks for the info. They should have signs posted, though correct?
     
  6. majormadmax

    majormadmax TGT Addict

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    Some locations have signs, but I don't believe it's a Federal requirement like it would be at the state level (e.g. 30.06/30.07)...

    I have read where at least in one instance at Lake Georgetown there are/were no signs.
     
  7. majormadmax

    majormadmax TGT Addict

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    And here are the consequences for violating §327.13...

     
  8. majormadmax

    majormadmax TGT Addict

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    Now, I am not a lawyer; but I did see a distinction in §327.13 that appears to be a loophole if you want to risk in. Namely...

    To me this would allow for the possession of unloaded firearms, but since ammo is still prohibited it's pretty much useless from a self-defense perspective...
     
  9. txinvestigator

    txinvestigator TGT Addict

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    There are state and federal laws a LTC (CHL) holder has to be concerned with. Under Texas law state parks are not off limits. Texas law does not address COE lands. Federal law does. Under federal law it is unlawful, as you have read above, to have a firearm on COE lands. Texas law enforcement officers won't care, as it is not a violation of Texas law. Federal LEOs will enforce that federal law.

    Calling the city or county attorney will do no good, as they have nothing to do with Federal law. 30.06/07 do not apply to federal locations.
     
  10. Wildcat Diva

    Wildcat Diva Active Member

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    Does this apply to National Parks? Like Fish and Wildlife properties? Sam Houston National Forest? I've often wondered but the Corps of Engineers talk makes me not sure if those are the same category. I'm not well informed enough to know this.
     

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