Georgetown Hosptial 30.06?

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GrillKing
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#16

Post by GrillKing »

seamusTX wrote:
GrillKing wrote:
seamusTX wrote:Are you talking about the Article 4413 stuff or the fact that 'license' is mis-spelled?
The Article 4413 stuff. I didn't notice that license is misspelled.

I agree that someone caught carrying by hospital security will likely be arrested.

- Jim
I figured you meant the 4413 stuff. A misspelled word is a weak defense!!! The DPS website had wording at one time for reference that wasn't the same as the statute. Missing or added comma if I recall. Try using that at trial!!!
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seamusTX
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#17

Post by seamusTX »

It all depends upon whether the district attorney or judge reads the law literally.

Not quite the same thing, but a similar example: A CHL holder in Galveston County flashed his pistol during an argument over a parking space. (I guess he slept through the de-escalation part of the CHL course.) He was charged with unintentionally failing to conceal his weapon. The judge threw out the charge because unintentionally failing to conceal is not a crime, but the DA won't make that mistake again.

- Jim

Braden
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#18

Post by Braden »

"To the t" or not, I wouldn't pass that sign armed. I've met a few of the Georgetown police. They seem like nice enough guys but they also seem like they're itching to make an arrest. Case in point, I recently interrupted a burglary at a local business in Georgetown. I saw the thieves...I called the cops...I stuck around to give a description of the vehicle and shortly after arriving they promptly asked ME for my ID and then ran a warrant check on the "subject" (that being me). I was clearly not a suspect in this case but they ran me anyway...just in case, I suppose.

So, yeah, I'd treat those signs as legal and avoid carrying there.
"I can do all things through Him who strengthens me." - Philippians 4:13

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Snake Doctor
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#19

Post by Snake Doctor »

While I agree with Jim that the wording is not spot on, I chose not to enter armed. Kinda like your kiddo driving a friend's car when they're grounded from their own. "But you said I was grounded from my car!" Haha
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paulnkathy
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Re: Georgetown Hosptial 30.06?

#20

Post by paulnkathy »

Hi, I am new here and don't know my way around here yet.
In following this thread which includes "Academic Medical Institutions" and "Teaching Hospitals", I would like some help getting the complete picture on this topic. What is each one and which one is a No Go Zone even when 30.06 and 30.07 are not posted.
I understand there is no Case Law on these areas yet, is that correct.
Paul
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paulnkathy
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Re: Georgetown Hosptial 30.06?

#21

Post by paulnkathy »

I just found this, specifically the last line "educational institution". What the heck is and educational system? :

http://www.txccia.org/[pre-paid legal]%20-%20SB%20321.html
Churches, Hospitals, and Nursing Homes:
What does Texas law precisely say about a CHL holder's ability to carry a concealed weapon in a hospital, nursing home, amusement park, church, or governmental meeting?
The law listing prohibited places for CHL holders is Texas Penal Code (TPC) §46.035.
These places are listed among the places where a CHL holder cannot carry a weapon.
So on its face, if one stops reading the statutes, these places look like they are prohibited under the law. However, if one continues to read on to TPC§46.035(i), the law makes these places ok if you have a CHL and were not given a proper TPC §30.06 warning.
The legislature created an exception to the law regarding these specific places. According to TPC §46.035(i), the following places are not prohibited to a CHL holder with a concealed handgun if that person was not given effective TPC §30.06 notice.
The applicable sections are: §46.035(b)(4) hospitals and nursing homes; §46.035(b)(5) amusement parks; §46.035(b)(6) church, synagogue or other place of religious worship; or §46.035(c) meeting of a governmental entity.

The language of the statute says that the prohibition of these sections "does not apply" if the actor was not given effective notice under TPC §30.06.
Therefore, if a CHL holder was prosecuted for unlawfully carrying a weapon in any of these places, the State would have to prove beyond a reasonable doubt that the actor was given a §30.06 warning.
That warning could be verbally, in writing or by sign with the correct language.
In short, a CHL holder can legally carry in these places, but must always be vigilant in looking for any proper §30.06 notice.
Furthermore, be aware that if the hospital is part of an educational institution, the possession of weapons is prohibited by TPC § 46.03(a)(1).
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Keith B
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Re: Georgetown Hosptial 30.06?

#22

Post by Keith B »

paulnkathy wrote:I just found this, specifically the last line "educational institution". What the heck is and educational system? :

Furthermore, be aware that if the hospital is part of an educational institution, the possession of weapons is prohibited by TPC § 46.03(a)(1).
This is written by a lawyer with a pre-paid legal service and is their opinion only. But, as Charles stated in this topic http://texaschlforum.com/viewtopic.php? ... 6#p1034216 , if the hospital is part of a University then it would be off-limits due to being a university, even if not posted.
Keith
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