If the code does not specify a definition, then the common or dictionary defintion is used.Kyle Brown wrote:Gosh Kevin, the word "only" is very big...Your response brings to mind several questions but let me start with two if you have time..KBCraig wrote:A couple of important things here. First, the text of 46.035(f). Please pay attention to the part in bold:Kyle Brown wrote: I do not believe that a 30.06 sign posted at the enterance of a parking lot is effective notice to prohibit a person from leaving a gun in their car on said parking lot. This statute clearly states that a "license holder" has the meaning assigned by TPC 46.035(f).
Furthermore, TPC 46.035(f)(3) Unlawful Carrying Of Handgun By License Holder defines a premise as a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(f) In this section:
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
Got it? The definition of "premises" in 46.035(f)(3) only applies in this section, meaning PC 46.035.
This is important because 46.035 (Unlawful carry of a handgun by a license holder) lists the places that are off limits by statute.
They are (paraphrased):
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun:
(1) on the premises of a business that has a 51% TABC license;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital or nursing home;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
Those are the only places where "premises" is used in 46.035. Section 46.03 also uses the same definition. These are the only places in the entire Penal Code where the definition used in 46.035(f)(3) can be applied. It simply doesn't apply in arguments about trespassing and 30.06.
Kevin
First, where would I find the definition of "persons" and "premises" as used in GC 411.204 wherein employers may prohibit persons who are licensed under this chapter from carrying a concealed handgun on the "premises" of the business.
Second, I suppose you realize that PC 30.06 defines "license holder" defined in PC 46.035(f) which is exactly where "premise" is defined.
Thanks for your patience.
Kyle
As to your second question, 30.06 refers to the defintion of license holder as in 46.035. It does not refer to the 46.035 definition of premises; therefore, it does not use that definition.
