No guns in church? - Page 4
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Thread: No guns in church?

  1. Quote Originally Posted by NavyLCDR View Post
    I think better advice would be to know the law and attempt to follow it. I'll bet the sign required by 18 USC 930 was probably posted at the entrance to the Federal facility, thereby making possession of the firearm illegal there. In that case "If she had not told or shown it who would have known and she would still have a job" and she would still have violating Federal law. Not getting caught is completely different than not doing anything illegal.

    It's the same situation with the church in Texas. If there is not a sign posted conforming to the standards in 30.06, and no other written or oral notice is personally given, than "don't ask, don't tell" and possessing the firearm violates no laws. If there is notification given meeting the standards of 30.06, then "don't ask don't tell" and "concealed means concealed" still results in committing the criminal act of possessing the firearm in a place that is illegal to possess it.
    I agree completely and I fully support our Constitution but if the weapon is concealed no one knows it and we carry there because criminals almost always carry concealed we are back to the 2nd Amendment again?
    "......the right of the people to keep and bear arms, shall not be infringed." Is federal regulation thus Constitutional? And does that mean criminals actually have a Constitutional right to carry?
    Catch 22?

  3. #32
    ezkl2230 Guest
    Quote Originally Posted by NavyLCDR View Post
    Why does it need to be cleaned up? The law is already very specific. As the law is written now, if the church does not want to prohibit firearms, they are not required to. No sign or other notice given according to section 30.06 means that carry in the church is legal. As it is written now, carrying a firearm in a church is legal by default, unless the church decides they wish to actively prohibit firearms. Seems like that is a pretty good deal to me. The current requirement requires the state to prove that the church gave legal notice.
    Quite the opposite of MI, where carry of concealed firearms is prohibited by default, unless the presiding authority of the church allows it. Open carry with a CPL, on the other hand, is legal unless the church prohibits it. I lead one of our church's security teams; we are finally going through training by which the church will allow us to carry concealed.

  4. check out Texas Law Shield, Texas Gun Law.

    Private property owners are allowed to prohibit the carrying of concealed handguns on their property if they provide proper legal notice of trespassing by a CHL holder with a concealed handgun given in compliance with Texas Penal Code 30.06. Notice may be given verbally or in writing with a statutory warning or by signage with the statutory warning in English and Spanish, in one inch high block letters posted in a conspicuous place.

    Further, even with a CHL, these weapons may not be carried concealed under the following circumstances pursuant to Texas Penal Code 46.03 & 46.035:

    In a place of religious worship if a proper TPC 30.06 warning is given.

    Any of the above information is solely a general legal discussion of the law in Texas and should not be considered as giving legal advice, nor creating an attorney-client relationship. Your situation may be different so contact an attorney regarding your personal circumstances. Please call our office for more information.

    Non-Emergency Phone Number

    Texas Law Shield, LLP
    A Legal Services Company
    1020 Bay Area Blvd Suite 220
    Houston, Texas 77058

    If told by Pastor not to carry, leave it in your car. It is always good to obey your Pastor. Remember, concealed is concealed.

  5. Quote Originally Posted by sfharrison View Post
    It is always good to obey your Pastor.
    That's a pretty broad blanket statement. Some pastors and priests have been guilty of child molestation, cheating on their spouses, sexual harassment and assaults, and other less nefarious activities. "Some" being defined as not all, but more than a couple.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  6. The law is confusing, because it explicitly states that carrying in churches or places of worship is forbidden, then later states that it is only forbidden if the 30.06 sign is in place. That is redundant - any place the 30.06 sign is posted would be forbidden. My understanding is that the law was written to forbid carry in church, then amended to allow it. But rather than strike the original language, the added new language. So it is confusing to read, and when the stakes are so high, no one wants confusing language.

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