TexasCHLforum.com

ronbo83 wrote:That is what they have at the Central Library in downtown Houston, just RFID scanners, not metal detectors. Unfortunately they have posted 30.06 on the front doors so I have to risk my life when I venture from my loft to get a book after work. It actually prevents me from going to the library even though it is only 6 or 7 blocks from my house, but at least they have a book drop outside so I can drop off the books for the wife.

As stated earlier, 30.06 signs, even properly worded and sized ones, hold no water by law on government property. It is stated directly in 30.06 itself

You could also go in the library, not carrying, bringing the law with you, and set up a meeting with the head librarian, and show them the law.

Library people are generally very factually orientated, if you show it to them in black and white, hopefully they'll get it.

If not, then the Mayor's office, as stated above :)

TexasAggie2006 wrote: She said they don't want weapons on the premises and that guns were prohibited on city property, CHL or not.

Shows how much they know about the law.
This would definately be a good location for my aforementioned field trip then.

Next time you call them, be sure to tell them that the law specifically allows you to carry there, and also specifically prevents them from stopping you. Cite the actual code, and ask them to cite the code where it says it is not allowed. They're a library, should be plenty of people there capable of Researching it

TexasAggie2006 wrote:That makes sense. The school function would have to be going on at the time I was there though, correct? I never get there before 5:30pm so I dont' think that would apply. I think I will give them a call and just see what they say. Can't hurt right?

When you call, find out if they are a government owned or leased building. If they are, the following definately applies:

§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN.
...
(e) It is an exception to the application of this section
that the property on which the license holder carries 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.

Not gonna put 46.03 or 46.035 here, but basically, if it is government owned, and there's no other reason to prevent it (active Polling going on there?, horse racing? pro sports?), they cannot legally prevent you from carrying.

Now, will you take the ride? Most likely. However, if you want to be a nice test case for the 'government property' statute, you're more then welcome to since I can't recall there being one yet.

Also remember, A security guard, or other employee has no right to search you without your consent. You can straight up refuse to be searched, or to empty your pockets if they ask you to (As intentional display of a Concealed Handgun is a crime, they can get you on this if you display it!!) Only a LEO can do this, and they will probably call one at that point.

If you were going to do this, I'd recommend having a lawyer in-tow with you when you go there

I think this would be a candidate to get 15 or 20 CHL's to all go there on a field trip some day, with said lawyer in tow

I'm going to play devil's advocate against myself here...

No-
The presence of metal detectors alone does not mean you are not allowed to carry there. However, as soon as you enter, and set it off, they will most likely say verbally 'you cannot carry here' Which, according to 30.06 is 'effective notice'

But... Yes-
However, is the library government owned? 30.06 also states that said notice is invalid if the property is government owned, and there is no other legal reason you would not be allowed to carry.

But.. No-
However, All they would have to say, to give Another reason to prevent you from carrying is 'there is, or may be a school function going on inside the building', which by law prevents you from carrying.