TexasCHLforum.com

gljjt wrote:If they are not a governmental entity, I'm sure the citizens of Plano would like to have their tax dollars back and reimbursement for past election expenses. /sarcasm off.

No kidding. And what were the public elections all about?

MeMelYup wrote:PC §46.03. PLACES WEAPONS PROHIBITED.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a f irearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on w hich an activity sponsored by a s chool or educational institution is being conducted, or a passenger transportation vehicle of a s chool or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

PC §46.03, (a), (1) needs to be deleted, or the following needs to be added.

(j) It is an exception to PC §46.03, (a), (1) that the CHL is in the public portion of a school or educational facility while dropping off or picking up their child or ward.

Why? "Premises" means a building or portion of a building, and does not include any public or private street, driveway, sidewalk, walkway, parking garage..... It is defined in 46.035 and referenced in 46.03.

JP171 wrote:

jbarn wrote:

JP171 wrote:

gringo pistolero wrote:

TxFig wrote:A friend of mine recently posted this pic at the entrance to the new Scott & White hospital in College Station.

Assuming there is a similar sign at all of the entrances onto the property, is this a legal 30.06 sign? In other words, can it be at the entrance to the property, or does it have to be on DOORS?

[ Image ]

Not only does it look like a valid 30.06 sign, but the big print looks like it could be valid 30.05 notice for MPA.

I sure wouldn't want to be the test case.

not even close as 30.05 states clearly that 30.05 cannot be used in the case of weapons so nope doesn't work

Actually 30.05 makes it a DEFENSE TO PRO SECTION if the reason was carrying a handgun under a CHL

pro section? what is pro section??? ok yes it is a defense to prosecution but if you leave then you cannot be prosecuted for criminal trespass at all. so if they are posting 30.06 and its incorrect or not valid you cannot be charged under that as an automatic crime and 30.05 has the defense to, so it takes verbal not written and no automatic crime, so GP's surmise that it could be valid under 30.05 is not a logical assumption. what I mean by verbal and not written is that written for CHL requires 30.06 and it MUST be as defined by the statute verbal is good no matter what section is applied

One can be prosecuted under 30.05 without any verbal notice. Signs work just fine for 30.05. And "if you leave" you can still be prosecuted for criminal trespass, depending on the circumstance.



A defense to prosecution allows one to be arrested and prosecuted.

Pro section is my STUPID smart phone. Lol

JP171 wrote:

gringo pistolero wrote:

TxFig wrote:A friend of mine recently posted this pic at the entrance to the new Scott & White hospital in College Station.

Assuming there is a similar sign at all of the entrances onto the property, is this a legal 30.06 sign? In other words, can it be at the entrance to the property, or does it have to be on DOORS?

[ Image ]

Not only does it look like a valid 30.06 sign, but the big print looks like it could be valid 30.05 notice for MPA.

I sure wouldn't want to be the test case.

not even close as 30.05 states clearly that 30.05 cannot be used in the case of weapons so nope doesn't work

Actually 30.05 makes it a DEFENSE TO PRO SECTION if the reason was carrying a handgun under a CHL

Just a little trivia; there are two definitions of the word premise in chapter 46 of the penal code. 46.02 (the law that generally proscribes the carry of handguns unless on your premises or premises under your control, or certain motor vehicles) defines premises as real property and a recreational vehicle being used as a living quarters.

Section 46.03 and 46.035 defines premise as a building or portion of a building.

It is important to note that each dedinition begins with the phrase, "in this section". That means the given definition only applies in that specific section, and not elsewhere in the code unless specifically referenced. If 30.06 actually used the word premise it would also need to either define it or reference either 46.02 or 46.035 in order for any specific definition to apply. Interestingly, the word premise is not used in penal code 30.06. It uses the word property. So 30.06 is not restricted to a building.

Another interesting point; 30.06 does not require the sign be post at any door. It could be posted inside, at the door or outside. It can even be postee at the entrance to parking lots and they are all valid if they meet the other requirements.