Places off-limits when carrying:
1. School
Premises - You can't carry on the
"physical premise" of a school - This does not including
the parking lot, street, etc. Includes physical premises of
public, private, colleges and universities. See below for
definition of "Physical Premises". You also can't
carry on school vehicles or on the grounds where school-sponsored
activities are taking place.
2. Polling Places
- the physical premises on the day
of election
3. Courts -
Physical premises* of any court... local, state, or
federal.
4. Offices used by the Court
- This is the tricky one because an office used by
the court can be located in any government building from Dept. of
Motor Vehicles to a Police Station, etc. It will usually be posted
but call ahead to find out.
5. Racetracks - Physical
premises* of racetracks (this is where pari-mutuel betting takes
place. Not NASCAR which is considered a Sporting Event....see below
for this).
6. Secured Areas of Airports
- This area is usually defined as the TSA Security Checkpoint
leading to the gates (where you take shoes off and get your carry
on bags scanned).
7. 1,000 feet of an execution
Correctional Facility on the day of
execution. Physical premises* of correctional facilities;
includes state/federal prisons, city and county jails. Also
includes any secured areas of these facilities.
8. Bars
- (51% Sign) - This is a bar.
Not just a restaurant with a small bar inside of it, but a place
where people go to drink. A 51% sign should be conspicuously
posted.
9. Sporting
Events - High school, college, professional sporting
or interscholastic events
10. Federal Property -
Most Federal Property is off limits. Do not carry in post offices,
IRS Federal offices, etc. As of this printing, national parks are
not off limits (you are allowed to carry while walking around
outdoors), BUT the buildings in a National
Park (gift shop, bathrooms, offices, etc)
ARE off limits.
*Per 46.03 and 46.036, the term "physical premises" is defined
as a building or portion of a building, and DOES NOT
INCLUDE streets, sidewalks, walkways, parking
lots or garages.
**46.035 creates an exception to the private property
requirement of Section 30.06. For example, government meetings
on
government property and government hospitals may post 30.06
signs.
***The definition of "premises" allows a CHL holder to leave the
handgun locked
in their car in the school parking lot.
Places NOT off-limits, but commonly
mistaken for off-limits:
Banks
- With the exception of the Federal Reserve and the few banks
posting 30.06, banks are not specifically off limits.
Churches
- Perfectly OK as long as you haven't received effective
notice under 30.06
Liquor Stores - Since
you are not allowed to drink in a liquor store, this does NOT
qualify as a 51% establishment. They are just a store that sells a
product....no different than a store that sells shoes or gasoline.
You can carry here unless it's posted with a 30.06 sign.
Government Property
- The general term "government property" is often
misused. Texas Penal Code specifically prohibits carry in
courtrooms, offices of courts, secured areas of police stations (if
posted and a secure storage area provided), government meetings
(30.06 notice required), physical premises of public schools, and a
few others. Federal property is nearly always off limits.
Within 1000 feet of school
property - In 1990, a federal "gun free school zone"
law was passed, making it a criminal offense to posses a firearm
within 1000 feet of school grounds. It was overturned in 1995
(United States v. Lopez) when the SCOTUS ruled that the Congress
lacks the authority to pass such a law. They then passed a new
version that basically said "Oh yes we do!" CHL holders are an
exception to this law, unless you're engaged in illegal activity.
Texas Penal Code includes a statute that elevates a CRIMINAL
offense to the next higher level if an offense is committed within
300 feet of school grounds with a firearm.
Effective Notice under Section 30.06
On private property, where the license holder has been given
effective notice (oral or written) stating he cannot enter or
remain on the property with a concealed handgun:
30.06 Sign - a
card or other document on which is written language identical to
the following: "Pursuant to Section 30.06, Penal Code (trespass
by holder of license to carry a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code
(concealed handgun law), may not enter this property with a
concealed handgun."
Signs must be posted conspicuously in
both English and Spanish, minimum one inch block lettering in
contrasting colors. Written notice may also be in the form of a
card or document, and in this case the verbiage must be exact,
but the size, color and English/Spanish requirements do not
apply.
Hospitals, Amusement Parks, Places
of Worship, government meetings are only off limits if the
license holder has been given effective notice under Section
30.06.
---------------The
information contained in this guide is intended for reference only,
and isn't intended as legal advice. Please refer to Texas Penal
Codes for
complete and detailed information on concealed carry. If you
believe any of this information to be in error, please email me
with citations to support your opinion. We strive to provide the
most accurate and current information possible.