Search found 2 matches

by G.A. Heath
Thu Jun 16, 2011 1:35 am
Forum: General Texas CHL Discussion
Topic: Plano School District has 30.06 posted parking lots
Replies: 103
Views: 17506

Re: Plano School District has 30.06 posted parking lots

You can be arrested for not having the correct skin color inside a certain area, it can and has happened (not recently to my knowledge). Is it legal? No, but it can happen. Are there consequences for arresting someone for violating a law/ordinance that is invalid or unenforceable? Yes, and attorneys earn their money by ensuring those consequences happen.

My advice for resolving this issue is to first start a local media campaign pointing out the issues in a polite and professional manner. To start this you should send a letter to the editor of your paper, and keep doing so until its published. Next begin a campaign to attract the attention of other local media sources to the issue, you don't have to get them on board just yet, just make them aware. Once you have the media's attention you need to address the school board and advise them that their signs are invalid and why (use facts, not emotion). With this point made you can then address the issues that these invalid postings can cause (such as civil liabilities should someone be arrested due to the improper posting). If this fails then you need to concentrate on hitting the school board where it will be felt the most, in the polls on election day. You can do this by running for a seat yourself, helping someone who is more willing to respect state law get elected, and so on.

If you see something that is wrong and you feel a need to do something about it, then do something that will work. To have a political effect you need an audience, that is why you need to get the media's attention, then you need to utilise that audience for maximum effect. I would also suggest contacting certain gun rights organisations for advice on dealing with the media and government bodies. Just remember that you need to start small and build momentum and mass to be effective.
by G.A. Heath
Wed Jun 15, 2011 12:01 am
Forum: General Texas CHL Discussion
Topic: Plano School District has 30.06 posted parking lots
Replies: 103
Views: 17506

Re: Plano School District has 30.06 posted parking lots

Fedaykin wrote: 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.

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?

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.
First off its generally a bad idea to ask a LEO for legal advice since their job is putting people in jail not keeping them out. Additionally its generally a bad idea to ask Internet forums for legal advice, however this is one of the better forums to ask as it is owned by an attorney. But moving onto the questions (Which, for the most part, have already been answered above):

Answer 1: Yes, they can legally post just about any anti-gun sign they want without any penalties. However the sign is meaningless per TPC 30.06(e) seeing as a public school is considered a government entity (the school board is elected by the public and they do impose taxes).

Answer 2: 30.06 does not refer to premises in any manner, so premises has no meaning for TPC 30.06.

Question 3: http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false; <-- that's the states own website and that will (probably) be the most accurate source you will find online for the penal code, the rest of the question has been addressed very well.

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