30.05 QUESTION

[RetiredE9]

I was at a police station today and noticed a 30.05 sign saying that carrying a concealed weapon was a violation. I left my weapon in the car, but I haven't run into this one before.

Anyone have more information on a 30.05 violation?

[Lykoi]

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:

all the PC codes by chp and such are available here... via DPS
http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm

[nitrogen]

30.05 has a section specifically excluding CHlers. Meaning, 30.05 cannot apply if the only reason you're being denied entrance is due to carrying a concealed handgun, so that sign is invalid.

Sounds a lot like the sign that is posted at Love Field in Dallas.

[txinvestigator]

I was at a police station today and noticed a 30.05 sign saying that carrying a concealed weapon was a violation. I left my weapon in the car, but I haven't run into this one before.

Anyone have more information on a 30.05 violation?

If it mentioned concealed weapons I doubt it was a 30.05 sign. There is really no such thing as a 30.05 sign.

I bet if you check, if was a 30.06. And if not, if you could shoot a pic of it and post it here we could be more clear. Or do you remember the language?

[srothstein]

TXI,

I don't know if they still have them, but San Antonio used to try to get around the 30.06 laws by posting a sign that anyone entering the property with any weapons would be in violation of 30.05 and would be prosecuted. This was done as late as 2003/4 time frame when I moved out of the city.

[jimlongley]

If it mentioned concealed weapons I doubt it was a 30.05 sign. There is really no such thing as a 30.05 sign.

I bet if you check, if was a 30.06. And if not, if you could shoot a pic of it and post it here we could be more clear. Or do you remember the language?

Love Field's signs all claim to quote 30.05 -

[Lykoi]

If it mentioned concealed weapons I doubt it was a 30.05 sign. There is really no such thing as a 30.05 sign.

I bet if you check, if was a 30.06. And if not, if you could shoot a pic of it and post it here we could be more clear. Or do you remember the language?

you should read the TX PC too... it's right in front of PC 30.06.

airports and PD's fall under "critical infrastructure"

[Xander]

you should read the TX PC too... it's right in front of PC 30.06.

airports and PD's fall under "critical infrastructure"

Poppycock. Go read PC 30.05 again. It specifically lists all types of facilities that qualify as "critical infrastructure" and neither airports nor police stations are on the list.

Additionally, as other posters have already pointed out *several* times, you cannot be charged with criminal trespass under 30.05 solely on the basis that you're carrying a concealed handgun or weapon. It's all right there in the code, if you read it.

[txinvestigator]

you should read the TX PC too... it's right in front of PC 30.06.

airports and PD's fall under "critical infrastructure"

Poppycock. Go read PC 30.05 again. It specifically lists all types of facilities that qualify as "critical infrastructure" and neither airports nor police stations are on the list.

Additionally, as other posters have already pointed out *several* times, you cannot be charged with criminal trespass under 30.05 solely on the basis that you're carrying a concealed handgun or weapon. It's all right there in the code, if you read it.

DOH!

Lyoki, I don't claim to know much about nothing, but of the TPC I am pretty informed.

[Lykoi]

you should read the TX PC too... it's right in front of PC 30.06.

airports and PD's fall under "critical infrastructure"

Poppycock. Go read PC 30.05 again. It specifically lists all types of facilities that qualify as "critical infrastructure" and neither airports nor police stations are on the list.

Additionally, as other posters have already pointed out *several* times, you cannot be charged with criminal trespass under 30.05 solely on the basis that you're carrying a concealed handgun or weapon. It's all right there in the code, if you read it.

airports broadcast via radio frequency under direct authority of the FCC... PD's transmit on FCC secured frequencies as well...

i was under the impression this was the reasoning for the 30.05 postings and the consideration of them as "critical infrastructures".... as "FCC regulated radio stations" are inclusive in the 30.05 listings

[txinvestigator]

you should read the TX PC too... it's right in front of PC 30.06.

airports and PD's fall under "critical infrastructure"

Poppycock. Go read PC 30.05 again. It specifically lists all types of facilities that qualify as "critical infrastructure" and neither airports nor police stations are on the list.

Additionally, as other posters have already pointed out *several* times, you cannot be charged with criminal trespass under 30.05 solely on the basis that you're carrying a concealed handgun or weapon. It's all right there in the code, if you read it.

airports broadcast via radio frequency under direct authority of the FCC... PD's transmit on FCC secured frequencies as well...

So does my GMRS 5 watt walkie talkie.

[Xander]

airports broadcast via radio frequency under direct authority of the FCC... PD's transmit on FCC secured frequencies as well...

i was under the impression this was the reasoning for the 30.05 postings and the consideration of them as "critical infrastructures".... as "FCC regulated radio stations" are inclusive in the 30.05 listings

That is incorrect. Ham radio operators use FCC controlled frequencies and equipment as well, and that wouldn't make my house "critical infrastructure" if I were a ham operator. The code specifically refers to "federally licensed radio...station." The FCC has very specific licenses for radio stations, and airports and police departments don't have them.

[Lykoi]

airports broadcast via radio frequency under direct authority of the FCC... PD's transmit on FCC secured frequencies as well...

i was under the impression this was the reasoning for the 30.05 postings and the consideration of them as "critical infrastructures".... as "FCC regulated radio stations" are inclusive in the 30.05 listings

That is incorrect. Ham radio operators use FCC controlled frequencies and equipment as well, and that wouldn't make my house "critical infrastructure" if I were a ham operator. The code specifically refers to "federally licensed radio...station." The FCC has very specific licenses for radio stations, and airports and police departments don't have them.

if that's the case then i stand corrected... and gladly at that...

[Xander]

I might add that the argument that airports and PDs could be critical infrastructure (and despite the fact that this isn't the case) has absolutely no bearing on the fact that you can't exclude CHLs solely on the basis that they're carrying a handgun under the authority of 30.05. Bona Fide critical infrastucture facilities such as refineries can't post bogus 30.05 "No Firearms" signs and expect them to have the weight of law either. 30.05 simply can't be applied. A non-governmental critical infrastructure facility (such as a refinery) would have to post a 30.06 sign to prohibit CHLs from entering. That is the only sign allowed by law.

[txinvestigator]

If it mentioned concealed weapons I doubt it was a 30.05 sign. There is really no such thing as a 30.05 sign.

I bet if you check, if was a 30.06. And if not, if you could shoot a pic of it and post it here we could be more clear. Or do you remember the language?

Love Field's signs all claim to quote 30.05 -

Yeah, I meant that there is no real "statutorily correct" 30.05 sign and has specific language requirements like there is a 30.06 sign.