Search found 6 matches

by Keith B
Sat Aug 22, 2015 9:48 am
Forum: General Texas CHL Discussion
Topic: No Guns At Office of County Tax Assessor
Replies: 42
Views: 8882

Re: No Guns At Office of County Tax Assessor

Mel wrote:
Keith B wrote:
Mel wrote:I believe you're right. If there is "court in session", carry is illegal regardless of signs.
Actually, if there is a court on the premise, in session or not, it is against the penal code to carry there.
That's what I meant. Listen to what I mean, not what I say!
Yes dear! :mrgreen:
by Keith B
Sat Aug 22, 2015 8:31 am
Forum: General Texas CHL Discussion
Topic: No Guns At Office of County Tax Assessor
Replies: 42
Views: 8882

Re: No Guns At Office of County Tax Assessor

Mel wrote:I believe you're right. If there is "court in session", carry is illegal regardless of signs.
Actually, if there is a court on the premise, in session or not, it is against the penal code to carry there.
by Keith B
Wed Jun 24, 2009 1:10 pm
Forum: General Texas CHL Discussion
Topic: No Guns At Office of County Tax Assessor
Replies: 42
Views: 8882

Re: No Guns At Office of County Tax Assessor

austinrealtor wrote:I agree with Austin-tatious that this is all convoluted. I attended a meeting recently of a local city's planning and zoning board that was held at the city's local library. For sake of discussion, I'm going to say this definitely would fall under the definition of a meeting of a governmental entity as defined by the statute. But because there was no 30.06 posting on either the entrance to the library nor the entrance to the meeting room, I would have been OK to carry?

:confused5
That's correct. As long as no 30.06 or oral notice, then you can legally carry with a CHL at the meeting.
by Keith B
Wed Jun 24, 2009 8:48 am
Forum: General Texas CHL Discussion
Topic: No Guns At Office of County Tax Assessor
Replies: 42
Views: 8882

Re: No Guns At Office of County Tax Assessor

austin-tatious wrote:I found this thread so far to be confusing. A post points out 46.035(c)*, so you cannot carry. Another post points out it has to have a valid 30.06 sign**, so you can. Other posts talk about whether it's really a meeting of a government body or not, or since it is government property a 30.06 sign cannot be posted***. The only part of this I'm sure of now is that you can carry in this particular situation where you have an assessment appeal board hearing your appeal but there is no 30.06 anywhere, just gunbuster or similar signs (see * and ** below).

Now the code* does say "at any meeting of", not "on any premises where there is a meeting". I guess then, if the meeting room is properly posted, you can carry outside of the room or rooms where the meeting is held. However, because the assessor's office is government property, 30.06(e)*** applies, and you can carry even if there is a proper 30.06 posting on the room(s) where the appeal meeting is being held :???:. OR, the proper 30.06 posting at the entrance to the meeting room can apply to the meeting room but not to the rest of the premises, AND a 30.06 on the entrances to the building would not apply either to the building or to the meeting room.

Please will someone with greater understanding sort out the second paragraph I just wrote?

It's understood IANAL.

*PC$46.035(c) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, at any meeting of a governmental
entity.

**PC$46.035(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.

***PC$30.06(e) It is an exception to the application of this section that the property
on which the license holder cames a handgun is owned or leased
by a governmental entity and is not a premises or other place on which
the license holder is prohibited from carrying the handgun under
Section 46.03 or 46.035.
Here's the bottom line. If the meeting of the government entity is posted with a proper 30.06 sign, then you can't carry. Where that sign is located is a little gray, so if the building is posted and you are going to a meeting, then it might end up for the courts to decide if you are found carrying. I would hope they would post the meeting area itself vs. just the entire building and let it carry the weight for any meetings held in the building.
by Keith B
Tue Jun 23, 2009 10:35 am
Forum: General Texas CHL Discussion
Topic: No Guns At Office of County Tax Assessor
Replies: 42
Views: 8882

Re: No Guns At Office of County Tax Assessor

dicion wrote:Agreed, if it's a government owned building, 30.06 means nothing. Only an active meeting, or court can prevent handguns.

How do you know there's an active meeting going on? They normally bring in metal detectors, at least for all the Metro board meetings I've seen they do.
Not necessarily. Our city council meetings don't have them (or at least they didn't last time I was there.) However, if you read the statute, is states 'AT any meeting' so my interpretation (IANAL) would be if you weren't attending/at the meeting, just going into the building would not be a violation.
by Keith B
Tue Jun 23, 2009 10:24 am
Forum: General Texas CHL Discussion
Topic: No Guns At Office of County Tax Assessor
Replies: 42
Views: 8882

Re: No Guns At Office of County Tax Assessor

These may be posted, but not properly unless per 46.05 (c) 'A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H. Chapter 411, Government Code, regardless of,whether the handgun is concealed, at any meeting of a governmental entity' or per 46.03 (3) 'on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court.' Just having the sign posted at all times on the building does not constitute a valid posting.

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