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by paulnkathy
Sun Dec 27, 2015 7:13 pm
Forum: General Texas CHL Discussion
Topic: Georgetown Hosptial 30.06?
Replies: 21
Views: 5171

Re: Georgetown Hosptial 30.06?

I just found this, specifically the last line "educational institution". What the heck is and educational system? :

http://www.txccia.org/[pre-paid legal]%20-%20SB%20321.html
Churches, Hospitals, and Nursing Homes:
What does Texas law precisely say about a CHL holder's ability to carry a concealed weapon in a hospital, nursing home, amusement park, church, or governmental meeting?
The law listing prohibited places for CHL holders is Texas Penal Code (TPC) §46.035.
These places are listed among the places where a CHL holder cannot carry a weapon.
So on its face, if one stops reading the statutes, these places look like they are prohibited under the law. However, if one continues to read on to TPC§46.035(i), the law makes these places ok if you have a CHL and were not given a proper TPC §30.06 warning.
The legislature created an exception to the law regarding these specific places. According to TPC §46.035(i), the following places are not prohibited to a CHL holder with a concealed handgun if that person was not given effective TPC §30.06 notice.
The applicable sections are: §46.035(b)(4) hospitals and nursing homes; §46.035(b)(5) amusement parks; §46.035(b)(6) church, synagogue or other place of religious worship; or §46.035(c) meeting of a governmental entity.

The language of the statute says that the prohibition of these sections "does not apply" if the actor was not given effective notice under TPC §30.06.
Therefore, if a CHL holder was prosecuted for unlawfully carrying a weapon in any of these places, the State would have to prove beyond a reasonable doubt that the actor was given a §30.06 warning.
That warning could be verbally, in writing or by sign with the correct language.
In short, a CHL holder can legally carry in these places, but must always be vigilant in looking for any proper §30.06 notice.
Furthermore, be aware that if the hospital is part of an educational institution, the possession of weapons is prohibited by TPC § 46.03(a)(1).
by paulnkathy
Sun Dec 27, 2015 7:03 pm
Forum: General Texas CHL Discussion
Topic: Georgetown Hosptial 30.06?
Replies: 21
Views: 5171

Re: Georgetown Hosptial 30.06?

Hi, I am new here and don't know my way around here yet.
In following this thread which includes "Academic Medical Institutions" and "Teaching Hospitals", I would like some help getting the complete picture on this topic. What is each one and which one is a No Go Zone even when 30.06 and 30.07 are not posted.
I understand there is no Case Law on these areas yet, is that correct.
Paul

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