TexasCHLforum.com

ralewis wrote:Oh, I agree there can be bad cops who decide what is legal and what's not based on ignorance, bias, or ideology. But that can be said of anything. If a LEO was in a 7-11 in front of the "unlicensed" BLUE sign but decided that it meant that you couldn't carry there, I suppose he can arrest you. At some point this is a state/country of laws. I'm content and convinced that the sign is unenforceable, and I'd be very motivated to sue/embarrass a LEO who decides to make up laws. By your logic you shouldn't carry anywhere because a LEO somewhere might just decide he doesn't like it and arrest you.

cb1000rider wrote:

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.
(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;

I'm saying a few things:
1) LEOs often have a very tough job. They may choose to enforce policies of higher ups, even if that flies in the face of the law. Look back at the conflicts related to segregation if you want some crystal clear examples.
2) LEOs have an "out" if they arrest (for whatever reason) and then turn out to be wrong about the law. That out is called "qualified immunity". Because the 30.06 law has a lot of "fine print" - my guess not-a-lawyer guess is that qualified immunity applies. I don't think you'll get an officer to testify that he knew the law and arrested anyway. The only other possible disciplinary thing that can happen is departmental and we've got circumstances where LEOs are enforcing departmental policy - they won't be disciplined.

Right now there is really nothing we can do invalid 30.06 signs are posted. Look for legislation that changes it.. Or actively support legislation that could change it.