I have a question about county owned buildings!

[HotLeadSolutions]

Edited to remove post

[Jumping Frog]

In a situation like this, shouldnt the county have to post a 30.06 warning so that we know there is a court in one room of the building? Perhaps we should push for legislation that would give a defense to proscecution if the building id not posted. This is much like being in a 51% location that is not posted as 51%...how are we supposed to know there is a court on the third floor?

Other states include the word "knowingly" in the definition of the crime. The word "knowingly" is a specific legal term used to determine culpability. The mental states are Purposely, Knowingly, Recklessly, and Negligently. If you're negligent in something, you can't be charged with a knowing crime... however, if you're knowing, you can be charged with a reckless crime. It's a tier system.

For example, the Ohio Revised Code uses the following language regarding courthouses:

(A) No person shall knowingly convey or attempt to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located.

[RPB]

In a situation like this, shouldnt the county have to post a 30.06 warning so that we know there is a court in one room of the building? Perhaps we should push for legislation that would give a defense to proscecution if the building id not posted. This is much like being in a 51% location that is not posted as 51%...how are we supposed to know there is a court on the third floor?

I asked similarly before and analyzed a situation here.


I don't think they should post a 30.06 sign for an entire building I do think any building with "offices utilized by a Court" should be required to post a "Court" sign.

My "Municipal Offices" building says "drop off Utility payments here" and it says "Building under video surveillance" and on the door it says "Municipal Offices" but no where, until you get inside, does it anything about a Court ... until you walk farther and see "Municipal Court Cashier" ... and around the corner and down the hall is a Municipal Court .... who knew?

any building with "offices utilized by a Court" should be required to post a "Court" sign, else the person violating that space should not be even arrested IMHO, ... but that isn't how it works, so they need a law to make a required COURT sign at least on the door, or SOMEWHERE .... imagine me saying more signs needed

CO COURT SIGN?
NO "effective" NOTICE
That's how it "should be" ... imho, but not how it is necessarily.

I have no law degree, or I'd be rich, ...unless I also had a wife like my ex.

[MasterOfNone]

Has there been any official clarification to the definition of "premises" - building or portion of a building? I have always interpreted this to to mean that if a court is located in a building that is used for other purposes, only the portion of the building used by the court qualifies as the "premises of" the court. Otherwise, there is no meaning to including "or portion of a building" in the definition.

[Beiruty]

Was the rule that government buildings can't post 30.06 notices?

[RPB]

Was the rule that government buildings can't post 30.06 notices?

They can post whatever they want, but "generally" unenforceable

They can post "enforceable" 30.06 signs during "political meetings" I think

[RPB]

Has there been any official clarification to the definition of "premises" - building or portion of a building? I have always interpreted this to to mean that if a court is located in a building that is used for other purposes, only the portion of the building used by the court qualifies as the "premises of" the court. Otherwise, there is no meaning to including "or portion of a building" in the definition.

I'd love to think that way, and I do, but ... local Sheriff doesn't
Burnet County "Court Annex" is a huge building with side entrances.
Used to, you could go in a side entrance, get license plates, get driver's license renewed etc etc etc without seeing the hallway the Court was in ... now all entrances are locked, except FRONT one you go in, on the right is a door "Secretary to Justice of the Peace"
Next are metal detectors with a daydreaming Sheriff Deputy, or the old one reading a book, in a chair (unless he's not there, some I catch in an office talking to a girl, still gone an hour later, in same office talking to same girl, all giddy-like) and after that a hall you go left in to get license plates, or right to get driver's license, or go straight to go to the Court.

Odd thing though, the "regular" County, and District Court, house on the square has none of that. No metal detectors nada.
Just a big old outdated sign, but I don't carry there ... it''s a Courthouse.

[MasterOfNone]

Was the rule that government buildings can't post 30.06 notices?

They can post whatever they want, but "generally" unenforceable

They can post "enforceable" 30.06 signs during "political meetings" I think

30.06(e):

(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.

This means a 30.06 sign is not applicable to government property unless the place is specifically identified as a prohibited place, such as a government meeting .

[Sandman]

Thanks everyone for all of the insight of the question. I'm using my phone for the internet ,and I'm not sure how to post the picture of the sign on the front of the building. The wording on the door reads as ( NOTICE all weapons including concealed firearms are prohibited on these premises ) with a gun buster under notice on the sign. And I also noticed that the fire stations around Tyler also have these signs too.

[RPB]

Thanks everyone for all of the insight of the question. I'm using my phone for the internet ,and I'm not sure how to post the picture of the sign on the front of the building. The wording on the door reads as ( NOTICE all weapons including concealed firearms are prohibited on these premises ) with a gun buster under notice on the sign. And I also noticed that the fire stations around Tyler also have these signs too.

Yeah, LOTS of government buildings have unenforceable or outdated signs, many say 29 (ee) on them and you'll know instantly, but it's up to you to know if it's actually got a Courthouse in it or is an area covered by Section 46.03 or 46.035.

If it isn't in Section 46.03 or 46.035. ... it's not illegal no matter what sign they post, if it's city/county/State buildings ... unless there's something I'm forgetting. Perhaps a water treatment plant/critical infrastructure something ... I Know I can't fish close to the city water supply intakes n the lakes near me armed legally since 9/11.

[AdioSS]

I know it is a few years later, but I didn't see an answer to this. I just went in to pay my taxes. This is what is posted on the front doors.

It sure doesn't look like a legit posting to me, but I'm not a lawyer ;)

[cb1000rider]

I live in smith county & was @ the cotton belt building which is where you pay your county taxes and register you vehicles. Maybe other stuff that I'm unaware of, but no court hearing or anything of that nature that I know of. I asked a county sheriff officer in the building if I was legal 2 carry (just 2 be nice) & she asked if I was carrying & said if I were carrying I would b arrested 4 unlawful carrying.

Did you ask why? There may be something that you don't know.

Whenever I encounter this situation - where I know (or think I know) that I can carry and it's being challenged, I simply ask the officer to politely settle to correct my awful CHL instructor who taught me otherwise. Doing so doesn't "challenge" the officer and it lets you know what he's thinking. Correct from that via a call to a supervisor from a safer location.


You will see government owned buildings posted 30.06 - at least I have - it has nothing to do with courts. Law enforcement may or may not choose to enforce those signs depending on a number of factors, but if not off limits as mentioned above, and posted 30.06 the signs are a defense to prosecution, but not to arrest.

[Teamless]

It sure doesn't look like a legit posting to me, but I'm not a lawyer ;)

The signs certainly are not current "CHL" signs.
What else is in this building?
Courts?
Secured areas of Jails?
Other?

[SewTexas]

personally, I feel that if there are court rooms on a particular floor, then that floor should be off limits to guns as it stands right now. However, that is not how alot of the municipalities read the law, some do, but most read it and enforce it as the complete building.

Now, I've also been in a building that had one hall that was a court-room and that hall was off-limits, you could carry in the rest of the building! Crazy cool! wish I could remember where that was....

[Teamless]

Now, I've also been in a building that had one hall that was a court-room and that hall was off-limits, you could carry in the rest of the building! Crazy cool! wish I could remember where that was....

I thought the law was plain, if there was a court in the BUILDING, then the BUILDING was off limits.
It didn't matter what floor, or if you were visiting your sister who worked at the Starbucks in the building.