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by srothstein
Thu Sep 27, 2012 9:50 pm
Forum: General Texas CHL Discussion
Topic: Hospitals and CHLs
Replies: 28
Views: 4377

Re: Hospitals and CHLs

Well, yeah, you are right about not deleting stuff. And to show how right, look at government code 411.204. Hospitals are still required to post the signs forbidding carry using the 51% language, even though it doesn't mean anything and was never enforced.
by srothstein
Wed Sep 26, 2012 10:08 pm
Forum: General Texas CHL Discussion
Topic: Hospitals and CHLs
Replies: 28
Views: 4377

Re: Hospitals and CHLs

C-dub wrote:This has been bugging me all day. Are you sure about this Steve? It seems like the exceptions in 30.06 and 46.035 are a loop that contradict each other.

1. Hospitals are only off limits if they post a proper 30.06 sign.
2. Government owned property, with some exceptions, are prohibited from prohibiting a CHL from carrying.
3. Hospitals are not one of those places mentioned as an exception for government owned or leased places like courtrooms or prisons.

I want to believe you Steve, but something's not quite right. I just keep :headscratch over this one.

Try looking at it this way:

30.06 is not valid on state property unless it is listed in 46.035
hospitals are listed in 46.035 as prohibited if the sign is posted.
Hospital has the sign so it is prohibited
Sign is now valid and enforceable


In reality, you could ignore the requirement for signs in 46.035 and use the logic of if the location is listed at all in 46.035, it is illegal and enforceable. I would bet any court would read this as the intent of the legislature if they had any questions about the meaning of the sections.
by srothstein
Sun Sep 23, 2012 11:13 pm
Forum: General Texas CHL Discussion
Topic: Hospitals and CHLs
Replies: 28
Views: 4377

Re: Hospitals and CHLs

C-dub wrote:
tommyg wrote:The Austin State Mental Hospital has a gun buster sign (totally non compliant) on the front gate.
I don't know if it is legal or not to carry there but I would not even think
of carry on the grounds of a mental hospital :roll:
They probably couldn't enforce it even if they did put up a 30.06 sign, as it's state property.

As a hospital, a proper 30.06 sign would be enforceable, even on state property. That clause about state property has the exemption in it for property prohibited by 46.035 so it would still be a crime.

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