Technically, yes. he is right. The state statute says it is a defense to prosecution. If a PD does this as a general practice, the best we can hope for is a cease and desist letter from the AG.ralewis wrote:So what you are saying is Law Enforcement can make up their own laws or contradict an existing law? Below is paragraph (e) from the 30.06 statue. Seems pretty clear that it's not enforceable.cb1000rider wrote:I'll nit-pick. A 30.06 on a city owned building is enforceable. If you want to know the policy of the PD on enforcing that particular posting, feel free to inquire directly with the PD. I've done it before. I'd recommend that you inquire in an unarmed manner and it might be worth recording (Texas is a single party state).
A 30.06 on a city owned building can be enforced.. And historically *some* PDs have indicated a willingness to enforce. Some have indicated that they would not enforce. If you're subject to enforcement, the law should protect you from successful prosecution. There is zero protection from enforcement.
IMHO - there is very little downside to a PD that chooses to enforce. The fine print in the current law that excludes 30.06 from allowable enforcement locations is just that.. fine print - and it's not going to be "commonly known" - as such, officers are likely indemnified if they claim that they don't know the law.
Charles has some draft legislation that might make it more risky for jurisdictions to post invalid signs and I think it'd go a long way to make this problem go away.
(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. - See more at: http://codes.lp.findlaw.com/txstatutes/ ... pOfmA.dpuf" onclick="window.open(this.href);return false;
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Return to “Ft Worth Stock Show”
- Thu Feb 05, 2015 8:52 am
- Forum: General Texas CHL Discussion
- Topic: Ft Worth Stock Show
- Replies: 30
- Views: 5852