Search found 6 matches

by NotRPB
Wed Jan 04, 2017 8:51 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Quick check - hospital
Replies: 30
Views: 6108

Re: Quick check - hospital

If a hospital posts the 30.05 sign pictured above AND a 30.06 sign AND a 30.07 sign, I guess I'd have to carry a gun that is not a "firearm" like antique/ black powder or cap and ball pistols along with my knives, TASERS and pepper sprays and bullwhip and HIckory fighting I mean walking cane so I wouldn't violate their 30.05/06/07 signs.

With all my valuable stuff I should probably carry a chain with a lock on the end too. I used to be decent at Chain Fighting when I learned NunChucks. None of the signs I've seen prohibit those items. (Dallas Police have the first pair of Nunchucks I owned in the 1970s. In Texas, you can't carry Nunchucks, they consider them a "club" can't carry throwing stars either.
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
(1) "Club" means ...

(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club...
by NotRPB
Wed Jan 04, 2017 8:31 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Quick check - hospital
Replies: 30
Views: 6108

Re: Quick check - hospital

I don't know the other State's code of ordinances on smoking, it may or may not pertain to VAPING nicotine water, so I'll keep this reply pertaining to Texas Statutes and the 30.05 sign now. ...(HOWEVER, If I saw a Ohio Statute listed on a sign for no smoking posted on a Texas hospital, who from Ohio law enforcement would come to Texas to arrest you for violating a Ohio or St Louis city ordinance in Texas? :mrgreen: )

The no Firearms sign which cites 30.05 DOES apply to rifles and all "firearms" (Not guns which are not firearms like antique ones etc)
Not all guns are "Firearms" which are prohibited by that sign, example black powder or antique pistols.
or handguns carried by a licensee
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
PENAL CODE

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

CHAPTER 46. WEAPONS
3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:

(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.
(4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm.
(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.
(6) "Illegal knife" means a:
(A) knife with a blade over five and one-half inches;
(B) hand instrument designed to cut or stab another by being thrown;
(C) dagger, including but not limited to a dirk, stiletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
So if you saw the 30.05 sign and speak English and/or
30.05
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
And if you were still there when police finally arrive, yo could be arrested for carrying the concealed rifle which no one knew you were carrying and didn't know to call police about. (But I wouldn't carry a concealed rifle past a valid 30.05 sign like that when I could carry my handgun easier)

Because, That 30.05 sign regarding Licensees with their handguns :
http://www.statutes.legis.state.tx.us/D ... /PE.30.htm
Sec. 30.05. CRIMINAL TRESPASS.
f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden;(SO THAT NEGATES THE GUNBUSTER PICTURE OF A HANDGUN ON THE 30.05 SIGN ABOVE) and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster.
by NotRPB
Mon Apr 18, 2016 2:17 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Quick check - hospital
Replies: 30
Views: 6108

Re: Quick check - hospital

Sec. 46.03. PLACES WEAPONS PROHIBITED. regards Firearms (handguns and long arms)
Hospitals are not on that list
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

I see the point about if a hospital is a school or educational institution or racetrack/polling place or execution place ...etc
For handguns carried by licensees, a hospital needs an appropriate effective notice 30.06/30.07,
for long guns, a hospital needs an appropriate effective notice under 30.05
I'm no lawyer. but I slept at Holiday Inn, and played with Captain Kangaroo and Mr Greenjeans on TV once
by NotRPB
Mon Apr 18, 2016 12:54 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Quick check - hospital
Replies: 30
Views: 6108

Re: Quick check - hospital

(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster.
Here's a 30.05 sign I'd ignore with my handgun and license, but probably would apply to a rifle
The cigarette-buster sign to me indicates a WISH, not the force of law, same as gunbuster signs.
(There may or may not be a city ordinance regarding smoking in buildings, but that sign isn't citing any such ordinance, nor do most gunbuster signs I've seen)
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by NotRPB
Mon Apr 18, 2016 12:41 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Quick check - hospital
Replies: 30
Views: 6108

Re: Quick check - hospital

If I understand the reasoning, you mean 30.05?
http://www.statutes.legis.state.tx.us/D ... /PE.30.htm
Seton Hospitals. around Austin, have NO TOBACCO signs at the entrances,
I do not know if that is proper 30.05 notice walking in with a can of snuff in the back pocket if that would constitute an offense

Class B misdemeanor for a can of snuff/Pack of cigarettes?
Certainly if someone came up and said to take my concealed can of snuff out to the car, I'd do it right away.

Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.

(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.
d) An offense under this section is:
(1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3);
(2) a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed:
(A) on agricultural land and within 100 feet of the boundary of the land; or
(B) on residential land and within 100 feet of a protected freshwater area; and
(3) a Class A misdemeanor if:
(A) the offense is committed:
(i) in a habitation or a shelter center;
(ii) on a Superfund site; or
(iii) on or in a critical infrastructure facility; or
(B) the person carries a deadly weapon during the commission of the offense.

Most gunbuster signs to me say no Beretta handguns... I leave mine at home.
PS (I don't use tobacco products any more)

signs need to be specific, else people can be confused
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by NotRPB
Sat Apr 16, 2016 5:27 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Quick check - hospital
Replies: 30
Views: 6108

Re: Quick check - hospital

oohrah wrote:
rotor wrote:
Solaris wrote:
oohrah wrote:
LucasMcCain wrote:Hospitals in Texas DO have to post 30.06 to prohibit concealed carry. Just look for the signs extra carefully, because getting caught carrying in a posted hospital carries a much greater penalty than on other posted private property.
How so, it's just Class C misdemeanor?
Get caught at a amusement park, hospital, etc., that has posted, and you violated 30.06 AND 46.035.
Looks like that is correct. Class A misdemeanor. Learned something new.
I did too.

I do know two hospitals which have no signs, and one which has an outdated 30.06 sign.
Since I have to go to 30.06 30.07 posted hospitals almost weekly, that's why I got the Kel Tec Sub 2000 folding rifle I conceal carry in hospitals.. It does not violate 30.06 NOR 46.035 and uses the same mags of the handgun I cannot legally carry concealed inside. Yes, anyone could carry a concealed rifle, licensed or not, but the weight is less comfortable or more trouble. So, I can ignore said signs and not have to look for them at such places when they force me to leave my concealed handgun outside and conceal carry my rifle inside instead. Everywhere else I carry my handguns. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

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