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by FML
Fri Jan 24, 2014 7:40 pm
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 369478

Re: Cities improperly posting 30.06 signs?

Keith B wrote:
jbarn wrote:
Keith B wrote:
Tic Tac wrote:Improperly posted 30.06 signs? How about every city or county convention center that SAXET rents?
Those are SAXET's signs, not the city's. If you want to be a test case and can afford it, then go ahead and carry past them.

Keith, doesn't 30.06 ( I don't have it in front of me) make locations owned or leased by a government entity not applicable to 30.06? To my reasoning, if the location is owned by a government entity it matters not who temporarily rents the space. I have kept an eye out for any case law regarding this, but have not found any. Is there something I am missing?

And on a second note regarding guns shows, I recently had a conversation with another instructor and this was the main idea;

Why do I need a CHL to carry a handgun? Because Penal Code (PC) 46.02 makes it unlawful to carry a handgun unless on my premises, premises under my control, motor vehicle or watercraft. Do I need a CHL to carry a handgun on or about my person at a gun show? Clearly not. People carry all sorts of handguns at gun shows. I suspect due to PC 46.15 (b) (3) (lawful sporting event) or the case law regarding gun stores, etc.

Regardless, no CHL is required to carry at a gun show. A person carrying a handgun at a gun show is not carrying under the authority of a CHL. None is required. Therefore, 30.06 does not apply.


My initial reaction to that was it must be wrong. Try that and see what happens. But once I sat back and thought about it, I realized he is right. Isn't he? :headscratch


I am interested in others thoughts on this, other than the rhetoric of "let me know how that works out for you". I am looking for the actual legalities.

TIA
I do not disagree that a 30.06 posted at a gun show in a government building is not valid. However, there is a good chance you would have to be the test case if you are discovered.
Isn't that true for every government property posted with a 30.06 sign discussed in the 50+ pages so far?

If they posted the sign, they're probably going to try enforce it. So if I'm discovered, I may become the test case.

FML

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