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by seph
Wed May 26, 2021 4:13 pm
Forum: General Legislative Discussions
Topic: HB 1927 on the Senate floor now
Replies: 387
Views: 118996

Re: HB 1927 on the Senate floor now

ScottDLS wrote: Wed May 26, 2021 4:05 pm
Papa_Tiger wrote: Wed May 26, 2021 3:40 pm
ScottDLS wrote: Wed May 26, 2021 3:22 pm I believe there is also a 46.03 sign required for particular premises (hospitals, amusement parks, etc.) along with 30.06/7 to bare unlicensed and licensed carry.
People can still be charged if they go to a 46.03 location. Per my reading (IANAL, this is not legal advice) there are exceptions that:
  • License holders cannot be charged while carrying at government meetings (87R HB 1927 Section 25 - Texas Penal Code 46.15(b))
  • License holders have to be properly notified with 30.06/7/51% signs at hospitals, amusement parks, collegiate sporting events, and 51% locations for a charge to stick (87R HB 1927 Section 25 - Texas Penal Code 46.15(p) and (q) )
Otherwise if the 46.03 location is properly posted with signs or you knew that it was an off limits location and you are caught carrying there you lose your defense to prosecution. (87R HB 1927 Section 25 - Texas Penal Code 46.15(n) )
Yeah that's what I meant. If the 46.03 location posts a 46.03 sign (which is defined) OR you knew you shouldn't be there, then you don't have a defense. Otherwise, if they posted no sign AND you didn't "know" your weren't supposed to be there , you have a Defense. A Defense must be refuted by the prosecution at trial beyond a reasonable doubt. Good luck on proving you "knew" something at a particular time, beyond a reasonable doubt.

Also with regard to 30.06/7
License holders have to be properly notified (AND BE CARRYING UNDER THE AUTHORITY OF THEIR LTC) with 30.06/7/51% signs at hospitals, amusement parks, collegiate sporting events, and 51% locations for a charge to stick (87R HB 1927 Section 25 - Texas Penal Code 46.15(p) and (q) )
My understanding for 46.03 places is that there is no change for LTC holders. They have to post a 30.06/07 sign, or give verbal notice for those. A 46.03 sign means nothing for LTC, there would have to be the 30.06/07 notice given.

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