Plano School District has 30.06 posted parking lots

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Crossfire
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Re: Plano School District has 30.06 posted parking lots

#76

Post by Crossfire »

Lonestar,

We all know exactly where you got the bad info. Trust me, those of us who have been in the program for awhile have been fighting with bad info from DPS Legal for a very long time. It is not likely to change. You did the right thing, you got educated, and admitted that you were misinformed. I would have no problem sending students to you! Hang in there.
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Re: Plano School District has 30.06 posted parking lots

#77

Post by dicion »

Crossfire wrote:Lonestar,

We all know exactly where you got the bad info. Trust me, those of us who have been in the program for awhile have been fighting with bad info from DPS Legal for a very long time. It is not likely to change. You did the right thing, you got educated, and admitted that you were misinformed. I would have no problem sending students to you! Hang in there.
:iagree: :tiphat:

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Re: Plano School District has 30.06 posted parking lots

#78

Post by bkj »

dicion wrote:Oh, I agree completely. I'm just citing the letter of the law, and how rediculous and convoluted it is sometimes XD :rolll

You have to have a CHL in order to legally drive past a sign that says 'No CHL Carry'... XD

The Federal GFZ is within 1000 ft of the school property. So without a CHL you’re in violation of that one long before you get to the school parking lot. I would be in violation as soon as I pull out of my driveway.
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Re: Plano School District has 30.06 posted parking lots

#79

Post by Fedaykin »

I called the District Attorney's office and spoke to two investigators, both of which said their OPINION was that the signs are valid and you may not drive your vehicle into the parking lot. He himself said the law was hokey, but in its current form you're going to get arrested.

Just get yourself into a fender bender in the school parking lot and then get ID'd by the cop directing school traffic and we'll all find out once and for all if it's truly enforceable. Until then, these are just words on a computer screen.

Texas DPS website states that the passenger compartment of your vehicle is 'on or about' your person and you are carrying in your vehicle even if in the glove box.

30.06 states 'property', not 'premises'. The parking lot is 'property'.

Do I agree? No. :nono: Does the law need to be rewritten to make this perfectly clear one way or another. :???:

CLEARLY it does.
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Re: Plano School District has 30.06 posted parking lots

#80

Post by paulhailes »

Fedaykin wrote:30.06 states 'property', not 'premises'. The parking lot is 'property'.
Except that it is exempt because it is a government entity.
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.
I'm not saying that you wont get arrested, you will from what it sounds like but the law says you can.
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Re: Plano School District has 30.06 posted parking lots

#81

Post by jmra »

Fedaykin wrote:I called the District Attorney's office and spoke to two investigators, both of which said their OPINION was that the signs are valid and you may not drive your vehicle into the parking lot. He himself said the law was hokey, but in its current form you're going to get arrested.

Just get yourself into a fender bender in the school parking lot and then get ID'd by the cop directing school traffic and we'll all find out once and for all if it's truly enforceable. Until then, these are just words on a computer screen.

Texas DPS website states that the passenger compartment of your vehicle is 'on or about' your person and you are carrying in your vehicle even if in the glove box.

30.06 states 'property', not 'premises'. The parking lot is 'property'.

Do I agree? No. :nono: Does the law need to be rewritten to make this perfectly clear one way or another. :???:

CLEARLY it does.
Yep I ran into the same thing with a DA and a detective. They even provided a copy of the law for reference. They were looking for a rock to crawl under when I showed them that the "law" they were basing their opinion on had been repealed 8 years prior.

Chances are the people you are talking to have only read small portions of the regs and are misinformed on the portions they have read. I bet they would also tell you it is a violation to carry in church.

If they really wanted to make those arrests and felt they could successfully prosecute those cases they could bag a dozen a day without breaking a sweat. The fact is they are blowing smoke.
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Re: Plano School District has 30.06 posted parking lots

#82

Post by Keith B »

Fedaykin wrote:I called the District Attorney's office and spoke to two investigators, both of which said their OPINION was that the signs are valid and you may not drive your vehicle into the parking lot. He himself said the law was hokey, but in its current form you're going to get arrested.

Just get yourself into a fender bender in the school parking lot and then get ID'd by the cop directing school traffic and we'll all find out once and for all if it's truly enforceable. Until then, these are just words on a computer screen.

Texas DPS website states that the passenger compartment of your vehicle is 'on or about' your person and you are carrying in your vehicle even if in the glove box.

30.06 states 'property', not 'premises'. The parking lot is 'property'.

Do I agree? No. :nono: Does the law need to be rewritten to make this perfectly clear one way or another. :???:

CLEARLY it does.
Please provide the investigators names and I will make an Open Records request with the office asking them to provide their interpretation of this in writing and that it would not be a 1983 Civil Rights violation if they make an arrest illegally. The signs are NOT valid and I will make sure the DA's office get this cleared up if I have to get an opinion from the AG.
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Re: Plano School District has 30.06 posted parking lots

#83

Post by sjfcontrol »

Keith B wrote:
Fedaykin wrote:I called the District Attorney's office and spoke to two investigators, both of which said their OPINION was that the signs are valid and you may not drive your vehicle into the parking lot. He himself said the law was hokey, but in its current form you're going to get arrested.

Just get yourself into a fender bender in the school parking lot and then get ID'd by the cop directing school traffic and we'll all find out once and for all if it's truly enforceable. Until then, these are just words on a computer screen.

Texas DPS website states that the passenger compartment of your vehicle is 'on or about' your person and you are carrying in your vehicle even if in the glove box.

30.06 states 'property', not 'premises'. The parking lot is 'property'.

Do I agree? No. :nono: Does the law need to be rewritten to make this perfectly clear one way or another. :???:

CLEARLY it does.
Please provide the investigators names and I will make an Open Records request with the office asking them to provide their interpretation of this in writing and that it would not be a 1983 Civil Rights violation if they make an arrest illegally. The signs are NOT valid and I will make sure the DA's office get this cleared up if I have to get an opinion from the AG.
Woah! Keith B is :blowup up! Go Git 'em! :clapping:
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Re: Plano School District has 30.06 posted parking lots

#84

Post by jmra »

sjfcontrol wrote:
Keith B wrote:
Fedaykin wrote:I called the District Attorney's office and spoke to two investigators, both of which said their OPINION was that the signs are valid and you may not drive your vehicle into the parking lot. He himself said the law was hokey, but in its current form you're going to get arrested.

Just get yourself into a fender bender in the school parking lot and then get ID'd by the cop directing school traffic and we'll all find out once and for all if it's truly enforceable. Until then, these are just words on a computer screen.

Texas DPS website states that the passenger compartment of your vehicle is 'on or about' your person and you are carrying in your vehicle even if in the glove box.

30.06 states 'property', not 'premises'. The parking lot is 'property'.

Do I agree? No. :nono: Does the law need to be rewritten to make this perfectly clear one way or another. :???:

CLEARLY it does.
Please provide the investigators names and I will make an Open Records request with the office asking them to provide their interpretation of this in writing and that it would not be a 1983 Civil Rights violation if they make an arrest illegally. The signs are NOT valid and I will make sure the DA's office get this cleared up if I have to get an opinion from the AG.
Woah! Keith B is :blowup up! Go Git 'em! :clapping:
Yep! And now is when we get to find out if Fedaykin is legit or if his investigators are imaginary friends. I sure do hope he is legit so Keith can show them the light.
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Re: Plano School District has 30.06 posted parking lots

#85

Post by Keith B »

jmra wrote:Yep! And now is when we get to find out if Fedaykin is legit or if his investigators are imaginary friends. I sure do hope he is legit so Keith can show them the light.
I am not questioning what Fedaykin is posting; in fact I expected as much from the lower levels. It is time to take this matter to the DA and Police Chief and get their formal policy on this, and get them to realize any arrest for Criminal Trespass just for passing the signs would be a 1983 Civil Rights violation and grounds for a suit that would be found against the city.

Depending on their answers(s), it may need to be referred to Greg Abbott's office for final ruling to show they are wrong.
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03Lightningrocks
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Re: Plano School District has 30.06 posted parking lots

#86

Post by 03Lightningrocks »

Keith B wrote:
jmra wrote:Yep! And now is when we get to find out if Fedaykin is legit or if his investigators are imaginary friends. I sure do hope he is legit so Keith can show them the light.
I am not questioning what Fedaykin is posting; in fact I expected as much from the lower levels. It is time to take this matter to the DA and Police Chief and get their formal policy on this, and get them to realize any arrest for Criminal Trespass just for passing the signs would be a 1983 Civil Rights violation and grounds for a suit that would be found against the city.

Depending on their answers(s), it may need to be referred to Greg Abbott's office for final ruling to show they are wrong.
If this thing moves forward, I will commit right now to helping with the legal costs associated with this. I own a business and live in Plano. I also have folks that work for me and loved ones living here. I don't want to receive a phone call from one of them telling me they are in jail for an offense like this. Business has been slow this year Keith but I can commit to 500 toward the legal fees at this point. I am not legal savvy enough to help in any other way, but if your serious about pursuing, hand me the bills,(filing fees and such), up to 500 dollars and my company will pay them. The whole thread has been steadily rubbing me raw! If the costs start getting higher, maybe we can get a few others living in our area to help out as well.
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Re: Plano School District has 30.06 posted parking lots

#87

Post by jmra »

Keith B wrote:
jmra wrote:Yep! And now is when we get to find out if Fedaykin is legit or if his investigators are imaginary friends. I sure do hope he is legit so Keith can show them the light.
I am not questioning what Fedaykin is posting; in fact I expected as much from the lower levels. It is time to take this matter to the DA and Police Chief and get their formal policy on this, and get them to realize any arrest for Criminal Trespass just for passing the signs would be a 1983 Civil Rights violation and grounds for a suit that would be found against the city.

Depending on their answers(s), it may need to be referred to Greg Abbott's office for final ruling to show they are wrong.
I hope it is legit and you are able to get the DA and PD on track - just seems a lot of times when some is asked to provide names they disappear. Hopefully that won't be the case here.
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Re: Plano School District has 30.06 posted parking lots

#88

Post by Fedaykin »

Sent info to Keith B.

Please do not take my word for it. There is no big mystery to solve here, any of you can call the Collin County District Attorney's office and ask for yourself.

Collin County District Attorney (972) 548-4323
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4/18/11 - Background Green
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4/20/11 - Manufacturing
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4/25/11 - Plastic!! (55 days)

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Re: Plano School District has 30.06 posted parking lots

#89

Post by dicion »

Let us know what they say, Keith :thumbs2:

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Re: Plano School District has 30.06 posted parking lots

#90

Post by Rifleman55 »

Fedaykin wrote:
MasterOfNone wrote:Churches are off-limits only if 30.06 notice is provided.
Thank you for your response! However, the current Texas Penal Code states that a Church is a prohibited place to carry. Just went to the Texas website and read it.
That law has been amended, you need to read the rest of the statute.
You can carry at church unless it is posted 30.06.
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