Places where CHLs are prohibited from carrying in Texas

One of the most important things for a person with a concealed carry permit in Texas to know is where they can and cannot legally carry a firearm.    A permit holder who carries in a prohibited location commits an offense.   According to Texas Penal Code 46.035 Subsection (g) that offense ranges from a Class B misdemeanor to a third degree felony depending on where the offending license holder was to unlawfully carry.   The consequences of a mistake can therefore be quite severe.

A concealed carry permit holder should regularly review Texas Penal Code 46.035 which contain the specific locations where a CHL holder cannot carry.    The Texas legislature convenes every other year and so these laws are subject to revision in any legislative session which occur during odd numbered years.

As always, I remind  the reader that I am not an attorney and the information I am providing should not be considered legal advice.  I offer my interpretation but recommend you pose any specific questions to your legal counsel.

Take a close look at section (i) which indicates Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

Sections (b)(4), (b)(5),  (b)(6) and (c) convey that it is unlawful for a CHL to carry on the premises of a hospital, nursing home, amusement park, church, synagogue, or other established place of religious worship, or a meeting of a government entity.  However, section (i) indicates that it is necessary those locations post a sign compliant with 30.06 to give notice.

So, what does it mean if a hospital or nursing home or church does not post a 30.06 notice?  My personal interpretation of this is that it is not an offense to carry in these locations if the effective notice is not posted.  Again, that is my personal interpretation and you should not consider my opinion as legal advice.  Seek legal counsel if you have questions regarding the interpretation of the law.

Comments are closed.