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txinvestigator wrote:
If the code does not specify a definition, then the common or dictionary defintion is used.

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.

Actually, by and through the definition of premises provided in 46.035, the "code" has provided a definition that is applicable elsewhere within the "code." Furthermore, that defintition provided shall be used before any "common or dictionary" defintion.

This instruction is found in:

Government Code § 311.011.

COMMON AND TECHNICAL USAGE OF WORDS.

(a) Words and phrases shall be read in context and construed according
to the rules of grammar and common usage.

(b) Words and phrases that have acquired a technical or
particular meaning, whether by legislative definition or
otherwise, shall be construed accordingly.

"Premises" has acquired a partcular meaning by legislative definition or otherwise. Now, I don't believe that the definition provided in 46.035 would be undeniably applied throughout all coded statutes. However, I do believe that the defintion provided in 46.035 is applicable in GC 411.203, PC 30.06, and possibly elsewhere within selected statutes or that body of law commonly known as the "Texas Concealed Handgun Laws."

KBCraig wrote:

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.

A couple of important things here. First, the text of 46.035(f). Please pay attention to the part in bold:
(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

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..

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 stated elsewhere/above, GC 411.203 Rights Of Employers allows the public or private employer authority to prohibit person who are licensed to carry a concealed handgun from carrying a concealed handgun on the premises of the business.

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.

I think that if a private sector business owner wants to control the possession of a weapon on the premises mentioned above (his parking lot), then notice must be given under TPC 36.05 Criminal Trespass which provides that an offense under this section is a Class A misdemeanor if the actor carries a deadly weapon on or about his person during the commission of the offense (criminal trespass).

Another way to look at it might be to ask yourself the question: "Could the City of Mayberry post a 30.06 sign at the enterence of the parking garage and thereby effectively give notice to employees and/or citizens that they are not allowed to leave handguns in their cars parked in the garage?" No, they could not. Likewise, neither could Floyd's barber shop.