Cities improperly posting 30.06 signs?

[seamusTX]

They can post whatever they want on the walls, we just don't have to abide by them as far as CHL is concerned.

They can arrest you for violating an imaginary law, until the DA tells them to quit wasting his time.

But as they say, concealed means concealed.

- Jim

[Liberty]

Charles mentioned a while back opening an open records accounting on how they decided to post the sign. I don't know what means or how it helps though

[carbon-14]

can some one post what a valid 30.06 sign looks like.... or any other sign that is valid against CHL'ers carrying on property.

[Kevinf2349]

Dickinson PD are displaying an illegal 30.06 on their main doorway. It is white lettering stuck directly to the glass...not sure if they have the same sign in Spanish either as I wasn't really paying attention to it. I just noticed the english version.

Further update.

I spoke to the police chaplain who informed me that the chief of police told them that they have a 'special exemption'. Sounds like a crock to me. How can they be exempt from following a state law?

[dicion]

Dickinson PD are displaying an illegal 30.06 on their main doorway. It is white lettering stuck directly to the glass...not sure if they have the same sign in Spanish either as I wasn't really paying attention to it. I just noticed the english version.

Further update.

I spoke to the police chaplain who informed me that the chief of police told them that they have a 'special exemption'. Sounds like a crock to me. How can they be exempt from following a state law?

They can't.

Ask for this 'special exemption' in writing. They won't be able to produce it :)

[ScottDLS]

There's one of those signs on my local convenience store glass doors. As I interpret it, as long as you have a CHL and are concealed(as you have to be, per law), you are ok to go in.

Anybody else agree with that?

I agree - that's the sign we want to see - interpret as CHL's welcome.

I like those signs. They indicate awareness to me.

To me they indicate that the store got their pack of forms from TABC and actually posted the right one as they are required to under the Alcoholic Beverage Code. But, that's just me...

[phray]

This sign is posted on the front door of the Longview Police Department. Sorry about the quality, I only had my cellphone on me.

The sign reads:

Possession of a firearm
(Including Concealed Handguns)
is prohibited in this building.

Violators will be prosecuted.
Texas Penal Code 30.05

[dicion]

I can put up a sign that says "Possession of an Obama bumper sticker on this property will get you arrested under Texas Penal Code 43.23"

Doesn't mean it's true, Just like that sign above isn't true either.

[suthdj]

I went by T.A.D today to change my tax record and they had a simlar sign up but I forgot to take a pic.

[Liberty]

This sign is posted on the front door of the Longview Police Department. Sorry about the quality, I only had my cellphone on me.

The sign reads:

Possession of a firearm
(Including Concealed Handguns)
is prohibited in this building.

Violators will be prosecuted.
Texas Penal Code 30.05

While the sign has no legal bearing, there is no winning an arguement with LEO on things like this. Even when you win you lose time and money. If one carries in such places they should realize that the Police may not be their friends.

[Darwood]

The ESC's are in the gray area of what constitutes a school. Students do visit the ESC's for testing and other services, but they are not regularly there. Much like students visit the zoos around the state, but a zoo isn't a school. ESC's are governed by TEA, but they are a support structure for schools, paid for by some TEA funds, but mostly by contracts with local school districts.

My personal opinion, and I visit several ESC's on a somewhat regular basis, is that they are not schools, but private corporations regulated by the Education Code. I would, therefore (and have, I've been to the ESC for Region 20), treat the 30.06 signs as valid, unless they lease their premises from a governmental entity. IMHO, IANAL, YMMV, etc.

I started looking at Education Code and it does appear that ESC's might actually be a state agency.

http://www.statutes.legis.state.tx.us/D ... .htm#8.003" onclick="window.open(this.href);return false;

Sec. 8.008. APPLICABILITY OF CERTAIN LAWS RELATING TO POLITICAL ACTIVITIES. A regional education service center and each center employee is subject to Chapter 556, Government Code, and for purposes of that chapter:

(1) the center is considered to be a state agency; and

(2) each center employee is considered to be a state employee.

Also in Chapter 8 it does mention where their funding comes from:

Sec. 8.121. FUNDING FOR CORE SERVICES AND SERVICES TO IMPROVE PERFORMANCE. (a) Regional education service centers receive state financial support for services provided under Section 8.051 from money appropriated for the Foundation School Program...

It goes on. This all leads me to believe that the ESC's are state agency's, of course I'm not a lawyer nor have I read all of Chapter 8 yet...

[barres]

The ESC's are in the gray area of what constitutes a school. Students do visit the ESC's for testing and other services, but they are not regularly there. Much like students visit the zoos around the state, but a zoo isn't a school. ESC's are governed by TEA, but they are a support structure for schools, paid for by some TEA funds, but mostly by contracts with local school districts.

My personal opinion, and I visit several ESC's on a somewhat regular basis, is that they are not schools, but private corporations regulated by the Education Code. I would, therefore (and have, I've been to the ESC for Region 20), treat the 30.06 signs as valid, unless they lease their premises from a governmental entity. IMHO, IANAL, YMMV, etc.

I started looking at Education Code and it does appear that ESC's might actually be a state agency.

http://www.statutes.legis.state.tx.us/D ... .htm#8.003" onclick="window.open(this.href);return false;

Sec. 8.008. APPLICABILITY OF CERTAIN LAWS RELATING TO POLITICAL ACTIVITIES. A regional education service center and each center employee is subject to Chapter 556, Government Code, and for purposes of that chapter:

(1) the center is considered to be a state agency; and

(2) each center employee is considered to be a state employee.

Also in Chapter 8 it does mention where their funding comes from:

Sec. 8.121. FUNDING FOR CORE SERVICES AND SERVICES TO IMPROVE PERFORMANCE. (a) Regional education service centers receive state financial support for services provided under Section 8.051 from money appropriated for the Foundation School Program...

It goes on. This all leads me to believe that the ESC's are state agency's, of course I'm not a lawyer nor have I read all of Chapter 8 yet...

I'm no lawyer, either, and I haven't even verified what you quoted from the Codes, but what you quoted in Sec. 8.008 says that for the purposes of Chapter 556, GC, the ESC's are considered state agencies. I also said that the ESC's receive some state funds (I said TEA funds, but TEA is a state agency) for some of their functions, but from my dealings with the ESC's and their employees, I maintain that the bulk of their funding comes from contracts with the schools. Unfortunately, I realize, I have no proof of that assertion.

I would therefore stand by my assessment (until further info changes my mind) that the ESC's are private entities, with some government funding and control, which are not schools. If 8.008 had not said for the purposes of Chapter 556, then I would argue that the ESC's cannot post binding 30.06 signs. (Darn .) IMHO, YMMV, IANAL, etc.

[btaylor]

I live in Alvin, TX and they have a piece of paper taped to the entrance to city hall stating basically the same thing as the longview post above. Who in the city should I speak to about this?

[seamusTX]

City manager, city attorney, mayor ... take your pick.

I think maybe the city attorney would pay some attention to your explanation of Penal Code 30.06 and could advise the city manager accordingly.

The city manager could order the signs taken down, but he or one of his predecessors probably ordered them to be put up.

If you have some kind of personal relationship with your city council representative, you might try him or her.

- Jim

[Wisewr]

The Sterling Municipal Library in Baytown has a 30.06 sign posted on the front door.