TexasCHLforum.com

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.

...county and other government owned hospitals are ALREADY OK to carry in UNLESS they have COMPLIED with 30.06...and posted the correct sign...there's nothing in 30.06 for them to "enforce"...30.06 FORCES them to post the correct sign or we can carry there legally, and in any other hospital licensed under Ch 241, Health & Safety Code which has not posted properly per 30.06...the exception in 46.035(e) means nothing to us in a government-owned hospital...it's either posted 30.06 and we can't carry...or not posted and we can...under 46.035(i)...

...if I'm carrying concealed(under my CHL) and they ARE posted legally, then I am to be charged with 30.06 AND 46.035(b)(4)...no matter WHO owns the hospital...

...you just said it right...and a whole lot shorter than I did...as usual...

"Part of what you are missing is that there is nothing preventing a governmental agency from posting a 30.06 sign, just for prosecuting someone for disobeying it. So, then question becomes if the sign meets the notice requirements in 30.06, not if the sign is valid for enforcing 30.06. Section 46.035 says given effective notice under 30.06, and this is specifically defined in 30.06 as the posted sign (or written, etc). Think of it as a shortcut to avoid having to spell out the requirements for the sign again in a different section of the law.

So if there is a properly worded sign, you are given effective notice. The location may not be eligible to prosecute under 30.06, but the notice is effective under 46.035. "

...the term "effective notice" does not belong anywhere near the first quoted paragraph....here's why....


...in a business or other public place...if the sign meets ALL of the requirements listed in 30.06, then I have been given effective notice and must/will obey it...if it does NOT meet ALL of the requirements listed in 30.06, I have NOT been given effective notice and am not legally bound to either acknowledge the sign's presence or obey it...

...if a governmental agency posts a properly made 30.06 sign, in a place NOT prohibited in 46.03 or 46.035...I can ignore it, since they are not legally posting it...it is an exception listed in 30.06(e)...30.06 does not apply there...and so effective notice has NOT been given ...and there is no offense...the "effective notice" mentioned in 46.035(i) refers ONLY to non-governmental places specifically listed there...the "effective notice" mentioned in 46.035(k) refers ONLY to TABC-licensed businesses...there is no tie-in with "effective notice" and governmental premises...

...NOW...a hospital "licensed under Ch.241, Health and Safety Code", is NOT exempted by 30.06(e) because it IS already a prohibited place under 46.035(b)(4)...IF a PROPER 30.06-described sign is posted...30.06(e) doesn't deal with hospitals...BUT, for the hospital so licensed to become forbidden under 46.035, it must be CORRECTLY posted according to 30.06...if it is NOT posted 30.06, once again, there is no relevance to the words "effective notice" until THEY follow 30.06 in any of the prescribed ways...