Author Topic: Storing Firearm in vehicle while on TDCJ property legal or illegal?  (Read 427 times)

Berumen96

  • Newbie
  • *
  • Posts: 4
    • View Profile
Hello, a friend of mine travels to visit relatives in prison and was given a form that had rules about what you can't or can do on their property to keep it brief.  According to one of their rules (as can be seen below) you can secure a firearm in the trunk of a vehicle or locked compartment if it does not have a trunk only if it is unloaded, is this correct, I thought nobody could have a firearm in their vehicle on the jails property (it is a state jail)?  But if you can and I was just misinformed, and you have a LTC, do you have to unload it, or can it be placed in a small gun safe loaded or is their request going above and beyond what someone is required to do according to Texas Law?  Thanks again..


Here is what the jail told him in writing (verbatum):

Firearms, or other instruments designed/used as a dangerous weapon or having explosive substance, are not allowed on the TDCJ property. The exception is for those persons licensed to carry a handgun under Chapter 411, Subchapter H of the Texas Government Code to possess a handgun on the TDCJ property if the un-loaded gun is secured in the locked trunk of a vehicle, or locked compartment if the vehicle does not have a trunk, prior to entering the TDCJ property.

TexasLawShield

  • Administrator
  • Newbie
  • *****
  • Posts: 987
    • View Profile
Re: Storing Firearm in vehicle while on TDCJ property legal or illegal?
« Reply #1 on: October 19, 2018, 03:59:45 PM »
Berumen96,

You are correct that you are not allowed to carry a handgun on the premises of a correctional facility in Texas.  Importantly, the definition of premises excludes parking lots and other parking areas. Tex. Pen. Code § 46.035(f)(3). This means that you are typically allowed to have your handgun secured in your motor vehicle in the parking lot of a correctional facility, because the parking lot does not qualify as “the premises” of the correctional facility. Certain secured or gated parking lots can be considered premises, in which case, the owner or operator of the premises can make their own restrictions on carrying weapons.

Likely, the information your friend was given by TDCJ is authoritative for that particular location, and they should abide by those rules.  Generally, the safest way to store your gun in circumstances like this is to unload the gun and place it in a locked container in your trunk.