Search found 4 matches

by Penn
Fri Mar 28, 2008 10:48 am
Forum: General Texas CHL Discussion
Topic: Interesting Conversation at the IRS Office
Replies: 37
Views: 5514

Re: Interesting Conversation at the IRS Office

CHL/LEO wrote:
except for official purposes.
What's the definition of "official purposes"? Would carrying under the authority of your CHL meet this definition or is it for LEOs only?
I've read a few other threads on here about the post office and I think the general consensus is "who knows?"

I don't think it's ever been tested.
by Penn
Thu Mar 27, 2008 3:23 pm
Forum: General Texas CHL Discussion
Topic: Interesting Conversation at the IRS Office
Replies: 37
Views: 5514

Re: Interesting Conversation at the IRS Office

thejtrain wrote:
Paco wrote:As I understood it when I took my class is that the 30.06 sign would have to be posted at the entrance to the parking lot, to have the parking lot/garage included in the restriction.

Personally I think the IRS just wants to be the most dangerous entity in the building and being strapped you may pose more power than them.
30.06 is part of Texas law, and it has no bearing at all on Federal property. The Feds can do whatever they want on their own property.

JT
As I wrote earlier, feds can enforce any Texas law they want to and charge under 18 USC 13. Usually this is used for more specific type crimes that aren't covered the more general federal law. However, they would not be able to enforce 30.06 because of the exception for governmental facilities.
by Penn
Tue Mar 25, 2008 4:50 pm
Forum: General Texas CHL Discussion
Topic: Interesting Conversation at the IRS Office
Replies: 37
Views: 5514

Re: Interesting Conversation at the IRS Office

tbranch wrote:
Keith B wrote:Unless I am mistaken, it has to be posted per subsection (h) of 18 USC 930.
Keith,

It's interesting that there is a posting requirement yet the only signs I noted were after the security checkpoint.

There is some interesting case law out of Maine. See http://www.ca1.uscourts.gov/cgi-bin/get ... 1-1065.01A

Tom
It sounds like this guy was just a jerk. They told him he wasn't allowed to be there, gave him a chance to leave and he decided to argue. I don't see a problem.

Does sound like it needs to be posted and as long as carrying a black powder pistol on your belt is legal in Maine, he might have had a case if they arrested him first without asking him to leave.
by Penn
Tue Mar 25, 2008 3:58 pm
Forum: General Texas CHL Discussion
Topic: Interesting Conversation at the IRS Office
Replies: 37
Views: 5514

Re: Interesting Conversation at the IRS Office

aardwolf wrote:
Kalrog wrote:30.06 only applies to areas inside the state of Texas. Federal property - while it may be surrounded on all sides by Texas land - is not Texas land, and thus 30.06 does not apply.
Does that mean Texas police have no jurisdiction and no authority to arrest there?
Well - they wouldn't be able to arrest anyone for the federal statute, but they probably have general law enforcement authority. There are basically two types of federal jurisdiction, concurrent and exclusive. Concurrent, grants the state authority in the area in question and exclusive doesn't.

However, federal authorities can enforce any state law where they are located based on the assimilated crimes statute 18 USC 13, so technically 30.06 would apply - except the IRS building is a governmental entity, so it would be an exception. Does that make sense? :)

Return to “Interesting Conversation at the IRS Office”