30.06 Not Allowed?

[Bird of Prey]

If so, the buildings and property are owned by the City of Dallas, which means even if they are posted, it's not enforceable.

Brian

I've seen this kind of comment on several gun forums but haven't read anything about certain places not allowed to ban guns. What kinds of places cannot post a 30.06?

[A-R]

30.06 signs posted on a premises owned or leased by any government entity are not enforceable.

(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.

[jester]

I've seen this kind of comment on several gun forums but haven't read anything about certain places not allowed to ban guns. What kinds of places cannot post a 30.06?

Any place can post the sign, however the sign has no meaning in some places. Any competent instructor should cover this in class.

[texas1234]

The law is in LGC 229.001

(a) A muncipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearms supplies.

(b) Subsection (a) does not affect the authority of a municipality has under another law to:

(6) regluate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Goverment 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

[BrianSW99]

The statute texas1234 quotes prevents local governments from adopting gun control ordinances. Section (e) of PC30.06, as austinrealtor quoted, is what makes signs posted by state or local governments unenforceable.

Brian

[bdickens]

I've seen this kind of comment on several gun forums but haven't read anything about certain places not allowed to ban guns. What kinds of places cannot post a 30.06?

Any place can post the sign, however the sign has no meaning in some places. Any competent instructor should cover this in class.

And any student taking such an important and life-changing class should pay attention. Maybe even read the handy little pamphlet that DPS put together that consolidates all of the CHL-relevant State laws in one place.

[Bird of Prey]

I've seen this kind of comment on several gun forums but haven't read anything about certain places not allowed to ban guns. What kinds of places cannot post a 30.06?

Any place can post the sign, however the sign has no meaning in some places. Any competent instructor should cover this in class.

And any student taking such an important and life-changing class should pay attention. Maybe even read the handy little pamphlet that DPS put together that consolidates all of the CHL-relevant State laws in one place.

Is it really necessary to post condesceding remarks? Is this how you treat up and coming CHL holders? I am in no way taking the ownership or carrying of a firearm lightly. I took the class almost a year ago but didn't feel comfortable enough to carry in public and even thought this might not be for me. But after almost a year I am ready and I've been spending hours and hours reading up on the subject. I simply did not see where certain places could not prohibit the concealed carry of a license holder. I am human so IF it was mentioned in class, as a member of the human race, I may have missed it.

[.380ppks]

Glad to have you as a member of the human race and CHL holder.

[Hoi Polloi]

And any student taking such an important and life-changing class should pay attention. Maybe even read the handy little pamphlet that DPS put together that consolidates all of the CHL-relevant State laws in one place.

Never talk down to people asking for help here. That's not what we're about.

[longtooth]

I've seen this kind of comment on several gun forums but haven't read anything about certain places not allowed to ban guns. What kinds of places cannot post a 30.06?

Any place can post the sign, however the sign has no meaning in some places. Any competent instructor should cover this in class.

And any student taking such an important and life-changing class should pay attention. Maybe even read the handy little pamphlet that DPS put together that consolidates all of the CHL-relevant State laws in one place.

Is it really necessary to post condesceding remarks? Is this how you treat up and coming CHL holders? I am in no way taking the ownership or carrying of a firearm lightly. I took the class almost a year ago but didn't feel comfortable enough to carry in public and even thought this might not be for me. But after almost a year I am ready and I've been spending hours and hours reading up on the subject. I simply did not see where certain places could not prohibit the concealed carry of a license holder. I am human so IF it was mentioned in class, as a member of the human race, I may have missed it.

Welcome to carry. As Mod of the CHL Discussion forum I am prowd to have you as a new member to the carry community. You have indeed accepted a huge responsibility.
I want to encourage you to continue to ask any question that you need answers to. The book you received at your CHL class has 64 pages of small print, legal language of chapter/Subchapter, paragraph x, (A)s, (b)s, (1)s .... to find the right 2 lines in the book is still a challenge for me too.

I cannot speak for all instructors but for most of us the 30-06 posting is an important part of the class. The part about a municipality not being able to enforce it in certain places does not get a large block of time.

It is very acceptable on this forum to have the same Q asked that was answered 2 months ago even if it is a Q that we who are older than dirt & have been carrying for yrs know the answer as well as our address.

My heart is toward you that are new at carry, new to handguns, & really want to learn. Good job sir.
99.9% of the folks here will help.
I will help as others have helped me learn the technical stuff.
You are surrounded by helpers, defenders, & encouragers.
Welcome aboard.

PM to you.
LT

[philip964]

Ok local governments cannot restrict legal concealed carry. How come the City of Houston make you go through a metal detector to see someone in their public works building?
Is that to ferret out illegal concealed carry?

[chasfm11]

Ok local governments cannot restrict legal concealed carry. How come the City of Houston make you go through a metal detector to see someone in their public works building?
Is that to ferret out illegal concealed carry?

Because they can. There's nothing on the books about them not being permitted to setup metal detectors.

It would be an interesting to see someone with a CHL walk through, inform the security detail they have a CHL, and see what happens!

This is a point that I've been trying to clarify. According to the dictionary
en·force (n-fôrs, -frs)
tr.v. en·forced, en·forc·ing, en·forc·es
1. To compel observance of or obedience to: enforce a law.

- The Grapevine police department can enforce the invalid sign on Grapevine Mills Mall
- The Port Authority of NJ can enforce a handgun ban at Newark airport, even when the actor is complying with Federal firearms transport regulations
- the City of Houston can enforce no carry into the public works building.

In every case, the actor is or can be arrested, transported to jail and required to submit to the legal process. It is then up to the DA (or potentially a grand jury, I'm not too clear on this and I'm guessing it depends on the severity of the charges) as to whether a trial is convened. It would be possible to be found guilty in each case, though hopefully the verdict could be overturned on appeal because the enforcement was done in an invalid situation.

We as individuals, without going through the legal process, are not going to stop the enforcement. It appears that just because Houston lost a court case on the public works building enforcement that there is nothing to prevent them from doing it again afterwards - it would just be easier for the next one to have the charges dismissed since the potential for some sort of civil action against the City for knowingly making invalid arrests would go up.

My point is simply that I want to knowing go into one of these situations, rather than inadvertently stumbling into it. Before reading this board, I would have simply looked at the sign at Grapevine Mills, mentally said "invalid" and continued about my business. Yes, I know.... "concealed is concealed."

[RPB]

Interesting, caught my eye ...
Metal Detectors at ... "Public Works Building"
After 9-11 .... perhaps the public works building might be a critical infrastructure facility( under 30.05 )

The metal detectors may be there to enforce 30.05
http://www.statutes.legis.state.tx.us/D ... .htm#30.01" onclick="window.open(this.href);return false;

TEXAS PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS
Sec. 30.05. CRIMINAL TRESPASS

(7) "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:

(A) a chemical manufacturing facility;

(B) a refinery;

(C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility;

(D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(E) a natural gas transmission compressor station;

(F) a liquid natural gas terminal or storage facility;

(G) a telecommunications central switching office;

(H) a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or

(J) a transmission facility used by a federally licensed radio or television station.

--------

f) It is a defense to prosecution under this section that:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and

(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.