CHL 30.06 sign - Remember to look !!!!!!!

[txinvestigator]

I'm going to throw a question out for you TI. I was recently told by someone (I think it was a CHL instructor but I can't remember) that a 51% signed liquor store is a place you can legally carry with a CHL because there is no consumption allowed on the premises. Is this really legal?

A liquor store should never be posted with a 51% sign. The 51% sign is specifically for places that are 51% for ON premise consumption. In fact, the signs didn't exist before the CHL laws.

Regardless, here is the law;

Texas Penal Code
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(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;

Notice the law says nothing about a sign. A place is off limits or not irrespective of any sign. (The last legislature made a defense if you carried into a 51% place that failed to post the sign)



It is not whether or not there is a sign posted that determines if you can carry, it is the status of the place. Make sense?

 

[Big country]

It is not whether or not there is a sign posted that determines if you can carry, it is the status of the place. Make sense?

Yes sir. Thank you for the clear up. I haven't obtained a CHL yet and haven't taken the class. Thanks again.

 

[DoubleActionCHL]

I haven't obtained a CHL yet and haven't taken the class.

And why the hell not????

 

[Big country]

And why the hell not????

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
I could either get my commission licence or a CHL. I can't make money with a CHL so I went for my commission. Now my wife has no qualms with me spending the money on a CHL but we ain't got the money right now.

 

[txinvestigator]

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
I could either get my commission licence or a CHL. I can't make money with a CHL so I went for my commission. Now my wife has no qualms with me spending the money on a CHL but we ain't got the money right now.

Remember the 5 steps of the 5 step hard style?

 

[DoubleActionCHL]

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
I could either get my commission licence or a CHL. I can't make money with a CHL so I went for my commission. Now my wife has no qualms with me spending the money on a CHL but we ain't got the money right now.

Would you like us to take up a collection? How many pizzas would it take????

 

[smschulz]

Yep that's the signs I see..........so back to my question. I have a valid CHL.......can I carry in these establishments?

Of course you can carry there > the signs say UNLICENSED posession is a crime.

 

[M. Sage]

Usually hospitals, schools, government buildings (city, county, state, federal). Schools are a no-no even if there isn't a sign. I haven't seen it at any businesses yet, but doesn't mean it's not.

Those are all no-carry (if the government building is a court) even without the sign. The 30-06 sign is for places where it's not otherwise illegal to carry. You also can't carry in a place of worship.

 

[APatriot]

My friend,

Yep that's the signs I see..........so back to my question. I have a valid CHL.......can I carry in these establishments?

The answer is YES!!

 

[69rrvert]

Thanks everyone for all of the great opinions. Thanks to you TXI for posting the laws when we need them. I will stick with the laws until the world gets crazier than it is now. Thanks, Steven

 

[40Arpent]

Those are all no-carry even without the sign.

So, you're saying that a hospital is "no-carry" without a posted 30.06, but....

Hospitals are only off limits if 30.06 posted

Hmmmm.....

 

[txinvestigator]

Those are all no-carry (if the government building is a court) even without the sign. The 30-06 sign is for places where it's not otherwise illegal to carry. You also can't carry in a place of worship.

Well now hold on there partner

You are only prohibited from carrying in a place of worship IF 30.06 is posted.

 

[txinvestigator]

So, you're saying that a hospital is "no-carry" without a posted 30.06, but....



Hmmmm.....

There is no "Hmmmmm" see post 32 of this thread for the actual law.

 

[DoubleActionCHL]

There is no "Hmmmmm" see post 32 of this thread for the actual law.

Will the fog ever clear?

 

[txinvestigator]

Will the fog ever clear?

Magic 8 Ball says................no

 

[ZX9RCAM]

I have my fog lights on, but.......


OK, carry is fine in any church or Hospital that is not 30.06 posted!

Is this a valid statement?

 

[DoubleActionCHL]

I have my fog lights on, but.......


OK, carry is fine in any church or Hospital that is not 30.06 posted!

Is this a valid statement?

Almost. To be more accurate, hospitals, churches, amusement parks and meetings of governmental entities are statutorily off-limits to the CHL holder while carrying a concealed handgun. HOWEVER, Section 46.035(i) goes on to say this does not apply if you were not given EFFECTIVE NOTICE under Section 30.06.

So, yes, you are correct, but instead of "posted," insert "given effective notice."

But why quibble over semantics?

 

[ZX9RCAM]

Almost. To be more accurate, hospitals, churches, amusement parks and meetings of governmental entities are statutorily off-limits to the CHL holder while carrying a concealed handgun. HOWEVER, Section 46.035(i) goes on to say this does not apply if you were not given EFFECTIVE NOTICE under Section 30.06.

So, yes, you are correct, but instead of "posted," insert "given effective notice."

But why quibble over semantics?

JUST TO BE ABSOLUTELY CLEAR ON THIS (for the dense types).....


Even if the Hospital states "No Firearms Allowed" in a self-made type sign, but not 30.06 posted, then one could legally CCW inside???

 

[smschulz]

JUST TO BE ABSOLUTELY CLEAR ON THIS (for the dense types).....


Even if the Hospital states "No Firearms Allowed" in a self-made type sign, but not 30.06 posted, then one could legally CCW inside???

Quote from TexasCHLForum:


This is a list of locations that are statutorily off-limits to CHL's per Texas law. It does not include federal law. The list is divided into to categories; those that are off-limits whether or not a 30.06 sign is posted and those that are off-limits only if a 30.06 sign is posted. Please note that giving a verbal warning that no guns are allowed on the property is an alternative to posting a 30.06 sign.

All statutorily designated "off-limits" locations apply only to the "premises" as statutorily defined inTPC §46.035(f)(3) below, unless otherwise stated.

Off-limits to CHL's even if no 30.06 sign is posted:
School buildings - TPC §46.03(a)(1)
School grounds where a school sponsored activity is on-going - TPC §46.03(a)(1)
School bus, or other school passenger transportation vehicle. - TPC §46.03(a)(1)
Polling place on election day (including early voting) - TPC §46.03(a)(2)
Court or court office. - TPC §46.03(a)(3)
Race track (licensed for betting) - TPC §46.03(a)(4)
Airport secured area (past metal-detectors in terminal building) TPC §46.03(a)(5)
Within 1,000 feet of a place of execution on the day of an execution, but only if given notice (not a 30.06 notice). - TPC §46.03(a)(6)
51% locations ("bars") - businesses that derive 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption. TPC §46.035(b)(1)
Highschool, collegiate, interscholastic, or professional sporting events. TPC §46.035(b)(2).
Correctional facility - TPC §46.035(b)(3).

Off-limits to CHL's ONLY if a 30.06 sign is posted:
Note: The statutory requirement for a 30.06 sign or notice is not found in the individual Penal Code provisions cited after each location. The requirement is set forth in TPC §46.035(j).

Hospital or nursing home. TPC §46.035(b)(4).
Amusement park (as statutorily defined below). TPC §46.035(b)(5).
Church, synagogue or other established place of worship. TPC §46.035(b)(6).
Meetings of governmental entities. TPC §46.035(c).

Relevant statutory definitions from TPC §46.035(f):

(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.

(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.

 

[ZX9RCAM]

"Off-limits to CHL's ONLY if a 30.06 sign is posted:
Note: The statutory requirement for a 30.06 sign or notice is not found in the individual Penal Code provisions cited after each location. The requirement is set forth in TPC §46.035(j).

Hospital or nursing home. TPC §46.035(b)(4).
Amusement park (as statutorily defined below). TPC §46.035(b)(5).
Church, synagogue or other established place of worship. TPC §46.035(b)(6).
Meetings of governmental entities. TPC §46.035(c)."




That about makes it official....Thanks!