KBCraig wrote:The warden has the legal authority to deny entrance to anyone. The prison (including grounds) are not open to the public, despite being public property. Visitors can only enter with specific permission, and if they can only get that permission by unloading, emptying magazines, and locking the gun away, then that's what they'll have to do if they want to enter. It's not a 30.06 issue.GrillKing wrote:By 'enhancing' the rules, the warden is taking away. He does not have the legal authority to do so.Starvin wrote:While a warden cannot take away from the rules, he can and will enhance them to suit his respective unit on an "as needed" basis.
Prisons can (and do) deny entrance for all sorts of arbitrary reasons that don't seem to make much sense.
That said, I think securing the gun in the locked vehicle is sufficient, and the extra precautions of emptying magazines, etc., is just silly. Not to mention, more likely to result in an AD.
Search found 7 matches
- Fri Jan 04, 2008 12:14 am
- Forum: General Texas CHL Discussion
- Topic: Prison grounds?
- Replies: 61
- Views: 9057
Re: Prison grounds?
- Fri Dec 28, 2007 1:35 am
- Forum: General Texas CHL Discussion
- Topic: Prison grounds?
- Replies: 61
- Views: 9057
Re: Prison grounds?
I think he would need to disclose and prove that he is a LEO.pt145ss wrote:Just FYI, some COs are LEOs (they get better pay if they are...and also have more oportunites for off duty jobs). I know of several COs that are also certified peace officers...they may not patrol but that does not mean they are not LEOs. If I recall correctly, when ever a LEO asks you for ID you must disclose the CHL. Therefore, if a CO asks for ID, I would be inclined to disclose as I do not know if the CO is a LEO or not and I would rather error on the side of caution.Right2Carry wrote:Sounds like a good experiance, but I don't think we are required to notify a Prison Gaurd that we have a CHL or that we are carrying. I don't think they qualify as a LEO, which to my understanding is the only entity we must disclose to. It appears that their own rules state I can lock it up in the vehicle in a secured compartment before entering.ManfromTexas wrote:Hi,
I'm new here but I can say I just got back from Beto I. They do search the car (more or less) and under the hood. I told them I had a CHL and they wanted to see the gun (a Glock), unload the weapon, count the bullets. Then they had me put the gun in the glove compartment and the ammo in the consol box. When leaving they inspected to make sure the gun was still there and the counted the ammo to make sure no rounds were missing. That was ok to me as they are conserened of a gun or ammo getting to the prisoners (It sure isn't a resort there!)
One has to wonder how they would react to finding a gun in your trunk when they search it.
- Mon Dec 24, 2007 11:37 pm
- Forum: General Texas CHL Discussion
- Topic: Prison grounds?
- Replies: 61
- Views: 9057
Re: Prison grounds?
Their shouldn't be any inmates around the parking area anyway, right?jbirds1210 wrote:When I worked on the Coffield unit (1995-1998) there was a secure box placed outside of the radio/front picket. You sent your CHL up the rope and they sent you down a key. You retained the key until shift was over. I am sure there have been changens since those early days of Texas CHL. It was that units immediate remedy to keep guns out of the parking lot by those that paid attention to the rules.
As unpopular as this statement might be, I do not feel that there is any need for anyone to leave a firearm inside of their car in a prison parking lot Things go much smoother when an inmate is not armed. That said, I would surely not want to deny anyone the right to secure it while they are taking care of their business.
Jason
- Mon Dec 24, 2007 2:46 pm
- Forum: General Texas CHL Discussion
- Topic: Prison grounds?
- Replies: 61
- Views: 9057
Re: Prison grounds?
dustyb wrote:[quote="Right2Carry
Sounds like a good experiance, but I don't think we are required to notify a Prison Gaurd that we have a CHL or that we are carrying. I don't think they qualify as a LEO, which to my understanding is the only entity we must disclose to. It appears that their own rules state I can lock it up in the vehicle in a secured compartment before entering.
One has to wonder how they would react to finding a gun in your trunk when they search it.
.One thing to keep in mind, you may not have to "legally" disclose you're carrying to a CO, but they are not required to let you on the unit. If you are visting an inmate, it is a good way to get removed from the visitation list. Although you may not "legally" have to inform a CO you are carrying, it would be prudent to do so. I personally think "securing" your firearm in a trunk, compartment, etc., is a pretty small accomodation to make at a prison. Understandably, prison staff are concerned with the security of their units and their employees. Although the law does not "require" it now, I personally would not mind seeing the law ammended to require securing your firearms at a prison.
Most CO's would be pretty calm finding a gun in your trunk, as long as it was not a surprise. Quite a few CO's and staff are CHL holders. I asked a friend who still works there, and employees are also allowed to have firearms in their vehicles as long as they are "secured"
Unless I missed something here, according to TDCJ rules state only that the firearm must be secured before entering the grounds. It makes no mention of informing the CO's that you have one in a secured location. I don't think they can deny you entry providing you are following the rules they have established. Nowhere does it say the CO should ask you to unload the weapon, count the rounds and keep them in seperate locations.
The rules for visitation that were posted say to secure the firearm prior to entering the grounds, which I take to mean prior to the initial gaurd shack where the vehicle search takes place. It says nothing about declaring your firearm, unloading your firearm, and keeping the ammunition and firearm seperate.
common courtesy goes a long way, and I understand that, but I just don't want the hassle of a new or having a bad day CO, giving me crap about my firearm. I find that so far it seems that most CO's have been accomadating for those that have had experiance with carrying at a State Prison.
I also don't like the fact that the Rules that were posted having a 2002 date on them. It seems to me that TDCJ could have something posted a little more current even if there haven't been any changes lately.
I just want to follow the law without the hassle of bending over backwards and jumping through hoops to meet everyone's interpretation of what the law means.
- Mon Dec 24, 2007 9:45 am
- Forum: General Texas CHL Discussion
- Topic: Prison grounds?
- Replies: 61
- Views: 9057
Re: Prison grounds?
Sounds like a good experiance, but I don't think we are required to notify a Prison Gaurd that we have a CHL or that we are carrying. I don't think they qualify as a LEO, which to my understanding is the only entity we must disclose to. It appears that their own rules state I can lock it up in the vehicle in a secured compartment before entering.ManfromTexas wrote:Hi,
I'm new here but I can say I just got back from Beto I. They do search the car (more or less) and under the hood. I told them I had a CHL and they wanted to see the gun (a Glock), unload the weapon, count the bullets. Then they had me put the gun in the glove compartment and the ammo in the consol box. When leaving they inspected to make sure the gun was still there and the counted the ammo to make sure no rounds were missing. That was ok to me as they are conserened of a gun or ammo getting to the prisoners (It sure isn't a resort there!)
One has to wonder how they would react to finding a gun in your trunk when they search it.
- Sun Dec 23, 2007 10:55 pm
- Forum: General Texas CHL Discussion
- Topic: Prison grounds?
- Replies: 61
- Views: 9057
Re: Prison grounds?
That makes sense, Provided they don't have an updated version floating around somewhere.dustyb wrote:I found this link on the TDCJ website dated November 2002.
http://www.tdcj.state.tx.us/publication ... tation.PDF
page 11 basically says a CHL holder does not trespass on TDCJ property, if the handgun is secured in a lock vehicle, i.e. trunk, locked compartment. I am curious if this policy has been updated since the "car carry" law was enacted last September.
- Sun Dec 23, 2007 12:02 pm
- Forum: General Texas CHL Discussion
- Topic: Prison grounds?
- Replies: 61
- Views: 9057
Re: Prison grounds?
BTT.
I recently had someone I know incarcerated in the state Prison system. I went down to visit this last weekend but I really wasn't sure about the firearms policy.
There is a sign at the gaurd gate that states it is a felony for a CHL to posses a firearm on the premises. Sorry I can't remember the exact wording, and they frown on pictures. This was on a yellow sign at the vehicle inspection point. Since this gaurd only allows you to proceed to the parking area, would I be in violation if I left my firearm locked up in the vehicle. I still have to go and check in with another gaurd who wands me, gives me my pass, and then they allow entry into the facility.
It's 120 miles down to the state prison, so that is a long trip and I would hate to find myself without my firearm if something happened during the trip. It is a minimum security facility, and the vehicle check is not really much of a check.
I think I would be all right, but I just want to make sure.
Anyone have any idea's on this?
I recently had someone I know incarcerated in the state Prison system. I went down to visit this last weekend but I really wasn't sure about the firearms policy.
There is a sign at the gaurd gate that states it is a felony for a CHL to posses a firearm on the premises. Sorry I can't remember the exact wording, and they frown on pictures. This was on a yellow sign at the vehicle inspection point. Since this gaurd only allows you to proceed to the parking area, would I be in violation if I left my firearm locked up in the vehicle. I still have to go and check in with another gaurd who wands me, gives me my pass, and then they allow entry into the facility.
It's 120 miles down to the state prison, so that is a long trip and I would hate to find myself without my firearm if something happened during the trip. It is a minimum security facility, and the vehicle check is not really much of a check.
I think I would be all right, but I just want to make sure.
Anyone have any idea's on this?