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by jimlongley
Thu Jun 16, 2011 9:47 am
Forum: General Texas CHL Discussion
Topic: Plano School District has 30.06 posted parking lots
Replies: 103
Views: 17539

Re: Plano School District has 30.06 posted parking lots

Fedaykin wrote:
MasterOfNone wrote:What would you do if the City of Plano decided that you could not carry anywhere in the city? Would you quit carrying to avoid the risk of the ride?
Yes, I would quit carrying in Plano until the issue was resolved, and so would the majority of poeple. My statement is supported by the fact that no one has been arrested in the city of Plano for violating this Plano's implied 'ordinance'. If you're willing to do it, I support you in your cause. By all means, go for it. I've already served my time. After serving 8 years in the military in 2 foreign countries as an Army Combat Engineer, I am obvisously willing to put myself in harms way for what is right.

CHL holders are supposed to obey the law and de-escalate confrontations. If a CHL holder knowingly enters an area a Police Department has specifically stated is off limits, I would call that an escalation. A defiant challenge.

I believe a better way to resolve the issue is through legal channels, not by sitting in a jail cell and having your license revoked.
When I pointed out to Plano PD that their signage was not compliant, they fixed it.
by jimlongley
Wed Jun 15, 2011 7:52 am
Forum: General Texas CHL Discussion
Topic: Plano School District has 30.06 posted parking lots
Replies: 103
Views: 17539

Re: Plano School District has 30.06 posted parking lots

MasterOfNone wrote:Responses in red below:
Fedaykin wrote:I have called every level of authority I can think of about this starting with my CHL Instructor. Everyone I've talked to, including Sherrifs, Police Officers, Austin Admin etc. (I even called the Texas Rangers) they all give me the exact same answer.

They don't know.

I even had the local police tell me "If it's concealed, who's gonna know?". I said well what happens if you get into a fender bender in the parking lot and the police show up. Now you're a felon! He said "yeah... that wouldn't be good".

Question 1: Can a public school (which I believe is a government entity) post the parking lot with a 30.06 sign? Well... they already have, but is it legal for them to do so? This effectively prevents a carrying CHL holder from entering the car pool line.

30.06 does not apply to property owned or leased by the government. So if the school is on government property, it does not apply and you may carry outside the buildings.

Question 2: The Texas Penal code defines 'premises' as a building or part of a building and even goes on to specifically state that it DOES NOT include a parking lot, public or private drive etc. So how does Grape Vine mills or any other business pull off posting 30.06 in their parking lot?

That definition of "premises" only applies to 46.03 and 46.035. In general, private property owners can prohibit you from any part of their property.

Question 3: Where is the current Texas Penal code? Every copy I find says you can't carry in a church and I see all of you are carrying in a church.

Churches are off-limits only if 30.06 notice is provided.

I am perplexed at the level of non-knowingness I have experience on these two issues. I humbly await a proper education.
PISD's response, when contacted about this exact issue several years ago, was that: They are not a governmental body, they are an "Independant" school district, and that school property is private property, and the posting is valid, and they will arrest and prosecute.

And; (Since the lettering is not compliant) That the lettering is compliant as far as their legal counsel is concerned, and they will arrest and prosecute.

And; The school resource officers questioned on the issue, will arrest.

And; Plano PD's official stance is that they will arrest.

Been through this with them, extensively, my wife works for PISD, and there are a couple of other old threads on the issue.

PISD has been notified that their signs do not comply with the letter of the law for a variety of reasons, and they disagree.

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