TexasCHLforum.com

Let us know what they say, Keith

Crossfire wrote:Lonestar,

We all know exactly where you got the bad info. Trust me, those of us who have been in the program for awhile have been fighting with bad info from DPS Legal for a very long time. It is not likely to change. You did the right thing, you got educated, and admitted that you were misinformed. I would have no problem sending students to you! Hang in there.

sjfcontrol wrote:

dicion wrote:Oh, I agree completely. I'm just citing the letter of the law, and how rediculous and convoluted it is sometimes XD

You have to have a CHL in order to legally drive past a sign that says 'No CHL Carry'... XD

Umm, what with the "XD"s?

I really like springfield?

Sorry, I'm used to being on another text media without the click smileys to the right... XD is the equivalent to without the graphics. It's a sideways pair of eyes closed in open mouthed laughter. I gotta get back into the habit of using the graphical smileys here

Oh, I agree completely. I'm just citing the letter of the law, and how rediculous and convoluted it is sometimes XD

You have to have a CHL in order to legally drive past a sign that says 'No CHL Carry'... XD

sjfcontrol wrote: (Note the addition to my post above)
For a PUBLIC school, the 30.06 is unenforceable, so it doesn't matter if you want to consider a gun in your car as CHL or MPA.
For a posted private parking lot, it depends on whether you believe that a CHL holder is "always" carrying under his CHL. I believe Charles as opined that in situations where CHL is not needed (i.e. MPA) you are not carrying under it's authority.

This is correct, for a public school, government owned, 30.06 goes right out the window square one, due to subsection (e).
However, you still need to have a CHL. See below.

For a private school, you can drive past a 30.06 sign with your gun in the car, but only if you have a CHL. Let me explain.

The 30.06 Sign only applies if you are carrying under the authority of CHL under Texas law. As you are not when you are driving (CHL is an exception to 46.02, its not illegal under 46.02, no exception needed, you are simply carrying legally), the 30.06 sign does not apply to you. We've already covered this.

However, you still need to be a licensed CHL holder in order to get the FEDERAL exemption under the GFSZ Act. You only need to be licensed, not actively carrying under it's authority

So if you drive past a 30.06 in a school parking lot, with a gun in your car, and you do NOT have a CHL, you are NOT violating 30.06, heck, you're not even violating Texas law at all. What you are violating is federal law.

Clear as mud, right?

03Lightningrocks wrote:I will volunteer to be the test case if everyone on this forum will chip in for the legal fees. Sitting in jail a few days worries me not. Now for the hard part. How do I get caught carrying concealed without getting busted for failure to conceal?

Like this:
http://www.zazzle.com/texas_concealed_c ... 6335065349" onclick="window.open(this.href);return false;

I'm in for $200 if you do it :)

The only problem with the shirt, is, if they ask you to leave because they say your shirt is offensive/scaring the patrons, you have to leave, as 'scaring people' is valid under 30.05. Only if they ask you to leave, or arrest you for carrying the concealed handgun itself are you protected from 30.05.

If you're going to do this, I recommend getting the lawyer beforehand, and taking them with you XD

The _BEST_ place to be a 30.06 test case IMO, would be at a gun show at a government owned venue. Then there is absolutely no 'out' for them :)
- They can't claim your 'gun shirt' is upsetting people
- They can't claim 30.05 for any other reason
- They love putting those signs up at them, and it pisses all of us off XD

I believe it would go something like this:

Officer: "Are you?" *looking/pointing at shirt*
You: "I refuse to answer that question, and would like to proceed into the show with the ticket I have paid for in this government-owned building."
Officer: "Didn't you see the sign?"
You: "You mean the unenforceable sign out front due to the exception explicitly mentioned in subsection e of the section named directly in the sign itself?"
Officer: ".... you can't carry a concealed handgun in here without me ziptying it."
You: "If you truly believe that is the law, then arrest me, as it is clear that your department is not properly versed in it, and I would love to see you properly reeducated with a civil suit."

.. then again, I frequently have notions of grandeur for 'sticking it to the man' sometimes.

doc.lonestar wrote:If the school has placed the 30.06 sign at the entrance of the school parking lot then you cannot enter into the parking lot - end of story. If you feel there is an issue with this then you can take it up with the school board (since they approved its location) and argue our case. If they decide not to remove the sign then you will be in violation every time you enter the parking lot to pick up your child - end of story.

Some food for thought - I was shocked to learn this:

Lets say you are sitting at a local all you can eat pizza place - you have been there with your family for 2 hours (making a point) - when a school bus loaded with kids pulls up and out pour 30 kids on a field trip. If you are carrying - you must remove your ccw immediately or you are in violation.

You read this right folks - even if you are there for 2 hours prior to them showing up - you are in violation for not leaving to lock up you firearm.

Does this make any more sense than a 30.06 sign blocking the entrance to pick up a child? No, but the law is the law.

Oh Geez.. not this again.. Just as I get back to the forums...

Luckily, I have these ever trusty links handy still!

Why a school event, NOT on school property, does NOT affect your ability to carry
As Charles says, there is no case law on this item, probably because NOONE HAS EVER BEEN ARRESTED for it.
I carry at locations that are otherwise not off-limits, with school functions going on all the time. Was just at the Houston Museum of Fine Art the other week, and there were kids there on a field trip. Not worried ;)

Parking Lots and 30.06

Please take the time to read all of the above. They are written by Charles, our local Legal Expert, and Mr. Steve Rothstein, our local Officer-in-the-know ;) You won't find any better advice from anyone.

Edit: this comes up wayyyyy too often. I'm putting these links in my signature XD