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by The Annoyed Man
Sat Nov 26, 2011 10:47 pm
Forum: General Texas CHL Discussion
Topic: Conceal Cary in hospitals
Replies: 16
Views: 2575

Re: Conceal Cary in hospitals

srothstein wrote:
Dragonfighter wrote:This brings to mind another question. A 30.06 sign in a private hospital, okay. But what about county or state hospitals?

County and other government owned hospitals cannot legally enforce section 30.06. This is clear from the language of that section. BUT, and this is a majorly important but, if there is a properly posted 30.06 sign at one of those locations, then when you carry in you are still in violation of 46.035, which is a class A misdemeanor the same as unlawfully carrying or criminal trespass.

And of course, this gets worse when it is a private hospital, a church, or an amusement park. If you ignore the sign then, you can be charged with both violations - 46.035 and 30.06.
Steve, I'm not disagreeing with you, but how can that make any kind of logical sense?
46.035. UNLAWFUL CARRYING OF A HANDGUN BY A LICENSE HOLDER
  • (b) 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, on or about the license holder's person:
    • (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
  • (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.
If.....
  1. It is a government owned hospital; and
  2. It is not a teaching hospital which is part of a state university campus; and
  3. The hospital is not posted 30.06 (because government cannot post a 30.06 sign; and
  4. You have a CHL and are carrying a concealed weapon.....
....then how on earth can you be guilty of anything? The law bars a government from posting a 30.06 sign on a government owned hospital (at least in theory). You can carry into a hospital that is not posted 30.06 because (411 (i)) gives you a defense to prosecution........what am I missing?

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