TexasCHLforum.com

Sandman wrote:Thanks everyone for all of the insight of the question. I'm using my phone for the internet ,and I'm not sure how to post the picture of the sign on the front of the building. The wording on the door reads as ( NOTICE all weapons including concealed firearms are prohibited on these premises ) with a gun buster under notice on the sign. And I also noticed that the fire stations around Tyler also have these signs too.

Yeah, LOTS of government buildings have unenforceable or outdated signs, many say 29 (ee) on them and you'll know instantly, but it's up to you to know if it's actually got a Courthouse in it or is an area covered by Section 46.03 or 46.035.

If it isn't in Section 46.03 or 46.035. ... it's not illegal no matter what sign they post, if it's city/county/State buildings ... unless there's something I'm forgetting. Perhaps a water treatment plant/critical infrastructure something ... I Know I can't fish close to the city water supply intakes n the lakes near me armed legally since 9/11.

MasterOfNone wrote:Has there been any official clarification to the definition of "premises" - building or portion of a building? I have always interpreted this to to mean that if a court is located in a building that is used for other purposes, only the portion of the building used by the court qualifies as the "premises of" the court. Otherwise, there is no meaning to including "or portion of a building" in the definition.

I'd love to think that way, and I do, but ... local Sheriff doesn't
Burnet County "Court Annex" is a huge building with side entrances.
Used to, you could go in a side entrance, get license plates, get driver's license renewed etc etc etc without seeing the hallway the Court was in ... now all entrances are locked, except FRONT one you go in, on the right is a door "Secretary to Justice of the Peace"
Next are metal detectors with a daydreaming Sheriff Deputy, or the old one reading a book, in a chair (unless he's not there, some I catch in an office talking to a girl, still gone an hour later, in same office talking to same girl, all giddy-like) and after that a hall you go left in to get license plates, or right to get driver's license, or go straight to go to the Court.

Odd thing though, the "regular" County, and District Court, house on the square has none of that. No metal detectors nada.
Just a big old outdated sign, but I don't carry there ... it''s a Courthouse.

Beiruty wrote:Was the rule that government buildings can't post 30.06 notices?

They can post whatever they want, but "generally" unenforceable

They can post "enforceable" 30.06 signs during "political meetings" I think

HotLeadSolutions wrote:In a situation like this, shouldnt the county have to post a 30.06 warning so that we know there is a court in one room of the building? Perhaps we should push for legislation that would give a defense to proscecution if the building id not posted. This is much like being in a 51% location that is not posted as 51%...how are we supposed to know there is a court on the third floor?

I asked similarly before and analyzed a situation here.


I don't think they should post a 30.06 sign for an entire building I do think any building with "offices utilized by a Court" should be required to post a "Court" sign.

My "Municipal Offices" building says "drop off Utility payments here" and it says "Building under video surveillance" and on the door it says "Municipal Offices" but no where, until you get inside, does it anything about a Court ... until you walk farther and see "Municipal Court Cashier" ... and around the corner and down the hall is a Municipal Court .... who knew?

any building with "offices utilized by a Court" should be required to post a "Court" sign, else the person violating that space should not be even arrested IMHO, ... but that isn't how it works, so they need a law to make a required COURT sign at least on the door, or SOMEWHERE .... imagine me saying more signs needed

CO COURT SIGN?
NO "effective" NOTICE
That's how it "should be" ... imho, but not how it is necessarily.

I have no law degree, or I'd be rich, ...unless I also had a wife like my ex.

Sandman wrote:Just made the phone call a few minutes ago. Had to leave a msg. Maby someone will call me back.

1) I'd ask why it would be unlawful to carry there? (offices "utilized by" a court?")

Beiruty wrote:File a complaint with your sheriff department.

2) And I'd suggest they might want to explain to deputies/officers that a "good faith arrest" cannot be made for something that is not illegal and that he, his officers and the city will be prime targets for a Federal §1983 civil rights lawsuit if they arrest someone lawfully carrying.

If they say city/County Ordinance:
Refer to
Local Government Code 229.001 see below; restricts city's ability to pass laws regarding firearms in certain circumstances and locations, specifically CHLs.
Local Government Code 229.001
http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;
LGC 229.001
229.001. FIREARMS; EXPLOSIVES. (a) A municipality may
not adopt regulations relating to the transfer, private ownership,
keeping, transportation, licensing, or registration of firearms,
ammunition, or firearm supplies.
(b) Subsection (a) does not affect the authority a
municipality has under another law to:
...
(6) regulate the carrying of a firearm by a person
other than a person licensed to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or
other governmental body;
(C) political rally, parade, or official
political meeting; or
(D) nonfirearms-related school, college, or
professional athletic event.




County however is a subdivision of the State, not a municipality, and so assuming there's no court or political "meeting" in session which is posted, it's like the State Capitol ... they should know better.

Anyway, let us know what they say.
I ain't a lawyer, if I wuz, I'd be married, or rich, but not sure which.