Traveling to TX with (reciprocal) VA CHP... any tips?

[livitup]

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Hi everyone,

I realize this is an OC forum, but I know we have a good group of folks here with their ears to the ground, so please forgive the Off Topic post...

I'll be flying into Dallas for a business trip in a few weeks. TX honors my VA permit so I plan to bring along my little friend. Anything I need to know? I read the PdO Texas page, so I've got the fundamentals, but one question jumps out in my mind...

There is a prohibition on carrying in "A place of business that derives 51% or more of its income from the sale or service of alcoholic beverages for on premises consumption ." Is there any way to know which establishments fall under this rule? Do they also post "the sign" or am I supposed to know some other way? I honestly have no idea what percentage of revenue an Applebee's earns from their bar sales.

Anything else I need to know? What about the non-sterle areas of the airport? Can I go to a bathroom after I claim my luggage and "suit up" or would it be best to leave everything packed and locked until I get to my hotel?

Thanks in advance for any advice.

---A

 

[Shotgun]

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My advice? Watch your back around Dealey Plaza.

 

[hirundo82]

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Warning: this is likely to be long.

Texas Penal code chapter addressing weapons; Section 46.03 addresses places off-limits. If would be worth it to glance over the entire chapter.

First of all, I'm sure you know to keep it concealed. The Texas code outlaws intentional failure to conceal, so unintentional "printing" is not illegal. And it is a Concealed Handgun License; it does not allow you to carry any other weapons which are otherwise prohibited. OC spray is OK in self-defense sizes--most people say under 2 oz. Knives must have a blade under 5.5", and you can't carry switchblade, a Bowie knife (prohibited by name in Texas no less) or a "dirk, dagger, stiletto, or poignard"--usually interpreted to mean no carry of double-edged knives. Your typical pocket knife should be OK, and I sometimes carry a fixed blade which is just under the legal limit in places where handguns are prohibited.

Regarding places where alcohol is served--there is a "51% sign" that places that get more than half of their revenue are supposed to post, but there is no penalty for them if they do not post it and no requirement about where it should be posted. Also, no sign being posted is not a defense to prosecution for the CHL holder. The only way to be certain is to contact the TX ABC. To be safe, I do not carry anywhere that could be considered bars--ie Applebee's should be fine. Also, places that are not 51% establishments but do serve alcohol should post a sign prohibiting "unlicensed posession;" this warns those carrying without a permit, as unlicensed carry is usually a misdemeanor but is a felony anywhere alcohol is served. Whenever I see one of these signs I assume licensed carry is OK.

The other nuance in Texas is signs prohibiting defending yourself. Signs prohibiting carry do carry the force of law in Texas, but only if the comply to very rigid specifications. This is the famous Section 30.06, Trespass by Holder of License to Carry Concealed Handgun (one of the more appropriate numbers for a code section). In brief, the sign must be prominently posted in contrasting letter at least 1 inch tall block letters and contain the following EXACT phrasing in both English and Spanish:

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

If the sign differs from this, you can ignore it. I would bet that the entire time you are in Texas you do not see a single legally binding sign.

Other things you should know:
If a cop demands your ID and you are carrying, you must also give him your permit.

No restrictions on caliber or number of guns. Since you have a Virginia permit, you won't have to worry about the revolver vs. semiauto restirctions on TX CHLs.

Texas preemption is similar to Virginia from what I can tell. No state or local government entity can prohibit carry unless it falls under one of the prohibited places listed in the CHL statute. They can post a sign, but it means nothing. And if they hear about a sign, the Department of Public Safety makes them take it down.

 

[hirundo82]

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So I wrote that entire long reply and still forgot to answer one of the original questions.

Airports--the statute says secure areas of airports, so once you are in the unsecure area (where you can get without going through metal detectors), you're good to go. I'm taking someone to the airport tomorrow and I'll be carrying of course.

 

[livitup]

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hirundo82,

Thank ypu very much for your detailed reply. I fly out tomorrow and will be bringing my side arm. I feel a lot better knowing what the law really means. Though the TCDL needs to get cracking on changng the law regarding the 51% sign. The absence of a sign really ought to be a valid defense... unless they post a list somewhere of all the establishments that qualify...

Anyway, just wanted tp say thanks.

---A

 

[VAopencarry]

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Another Virginian,with CHP, heading to Texas. with a few questions.


Carry on school grounds? My step daughter(15) has a volleyball tournamnet in Dallas. It is a club team, not school. I don't know the physical location they will be playing but are there restrictions on school property? Or other venues you think kids would play volleyball? I am guessing the venue will be larger than a high school, maybe at a college? Any thoughts?

Any funny car carry laws? Duty to notify LEO?

What's the weather like in late April in Dallas?

 

[Hawkflyer]

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Many thanks to hirundo82. I too will be heading there very soon. This knife thing seems a bit odd. Is anyone working on that down there. I read the code, and it all but outlaws most hunting knives.

Thanks again for you informative post.

Regards

 

[Walter45Auto]

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VAopencarry wrote:

Another Virginian,with CHP, heading to Texas. with a few questions.


Carry on school grounds? My step daughter(15) has a volleyball tournamnet in Dallas. It is a club team, not school. I don't know the physical location they will be playing but are there restrictions on school property? Or other venues you think kids would play volleyball? I am guessing the venue will be larger than a high school, maybe at a college? Any thoughts?

Any funny car carry laws? Duty to notify LEO?

What's the weather like in late April in Dallas?

I know it's a bit late. But, You can carry on thesidewalks and parking lots but not in the building or playground. Also, sporting events are off limits. (you can still keep it in the parking lot.) Yes you have to notify law enforcement. No weird car carry laws. No open carry in Texas.