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Return to “Does your bank post a 30.06 sign ?”

by txinvestigator
Sat Dec 31, 2005 10:46 am
Forum: General Texas CHL Discussion
Topic: Does your bank post a 30.06 sign ?
Replies: 24
Views: 4559

Re: What likelyhood

explr2live wrote:Despite what the law says about proper posting of 30.06, what are the chances that a Texas LEO would arrest someone packing concealed with CHL, if they were discovered, for only a ghostbuster sign on a bank?? Would it be one of those things where they would respect the bank owners wishes over the letter of the law??
No, the Legislature came up with 30.06 specifically for this. I bank at Wells Fargo and they don't post anything. If they posted a 30.06 compliant sign, I would change banks. If they post the ghostbusters sign I would still carry.

How would a LEO know I am carrying anyway? If a LEO did discover my weapon and wanted to be a hard ass, I suspect he would charge "intentionally fail to conceal", rather than trespass, as trespass clearly does not apply.
by txinvestigator
Thu Dec 29, 2005 10:48 am
Forum: General Texas CHL Discussion
Topic: Does your bank post a 30.06 sign ?
Replies: 24
Views: 4559

KBCraig wrote:
txinvestigator wrote:Points are well taken but how does the little sign prevent off duty LEO's from carrying there?
I vaguely recall discussion of exempting TCLEOSE Peace Officers from criminal trespass statutues regarding handguns. I haven't paid a lot of attention to that, since I, like about 3,000 of my colleagues in Texas, am a LEOSA-qualified LEO, but not a TCLEOSE Peace Officer.

If you'll recall, PC 30.06 was a response to worry over what constituted "sufficient notice" for criminal trespass. And, non-30.06 signs don't apply to CHLs, but could very well apply to everyone else, whether they're criminals, travelers, cops, or other non-cop LEOs.

I believe that Hibernia's "No Firearms Permitted On Premises" sign bars me from entering their lobby, even though a CHL could ignore it. No problem; I do my banking at the ATM or drive-through 99% of the time anyway.

As I said, I'd change banks if I was staying here, but we're bugging out for New Hampshire by Spring of 2008. It's not worth changing banks twice within 3 years.

Kevin
Texas Penal Code


Text
§46.15. Nonapplicability.

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers, including commissioned peace officers of
a recognized state, or special investigators under Article 2.122,
Code of Criminal Procedure, and neither section prohibits a peace
officer or special investigator from carrying a weapon in this state,
including in an establishment in this state serving the public,
regardless of whether the peace officer or special investigator is
engaged in the actual discharge of the officer's or investigator's
duties while carrying the weapon;

I get your point about 30.05, but after reading it I don't see how it could apply to an off-duty LEO entering a bank.

I don't remember your specific title, but are you one of the "special investigators" mentioned above?

Here is the list;


Text
(1) Special Agents of the Federal Bureau of Investigation;

(2) Special Agents of the Secret Service;

(3) Special Agents of the United States Customs Service;

(4) Special Agents of Alcohol, Tobacco and Firearms;

(5) Special Agents of Federal Drug Enforcement Agency;

(6) Inspectors of the United States Postal Service;

(7) Special Agents of the Criminal Investigation Division
and Inspectors of the Internal Security Division of the Internal
Revenue Service;

(8) Civilian Special Agents of the United States Naval
Investigative Service;

(9) Marshals and Deputy Marshals of the United States
Marshals Service;

(10) Special Agents of the United States Immigration and
Naturalization Service; and

(11) Special Agents of the United States Department of
State, Bureau of Diplomatic Security.

(b) A person designated as a special policeman by the Federal
Protective Services division of the General Services Administration
under 40 U.S.C. Section 318 or 318d is not a peace officer but has
the powers of arrest and search and seizure as to any offense under
the laws of this state.

(c) A customs inspector of the United States Customs Service
or a border patrolman or immigration officer of the United States
Department of Justice is not a peace officer under the laws of this
state but, on the premises of a port facility designated by the
commissioner of the United States Immigration and Naturalization
Service as a port of entry for arrival in the United States by land
transportation from the United Mexican States into the State of
Texas or at a permanent established border patrol traffic check point,
has the authority to detain a person pending transfer without
unnecessary delay to a peace officer if the inspector, patrolman, or
officer has probable cause to believe that the person has engaged in
conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08,
Penal Code, regardless of whether the violation may be disposed of in
a criminal proceeding or a juvenile justice proceeding.

(d) A commissioned law enforcement officer of the National
Park Service is not a peace officer under the laws of this state,
except that the officer has the powers of arrest, search, and seizure
as to any offense under the laws of this state committed within the
boundaries of a national park or national recreation area. In this
subsection, "national park or national recreation area" means a
national park or national recreation area included in the National
Park System as defined by 16 U.S.C. Section 1c(a).

(e) A Special Agent or Law Enforcement Officer of the
United States Forest Service is not a peace officer under the laws of
this state, except that the agent or officer has the powers of arrest,
search, and seizure as to any offense under the laws of this state
committed within the National Forest System. In this subsection,
"National Forest System" has the meaning assigned by 16 U.S.C.
Section 1609.

(f) Security personnel working at a commercial nuclear power
plant, including contract security personnel, trained and qualified
under a security plan approved by the United States Nuclear
Regulatory Commission, are not peace officers under the laws of this
state, except that such personnel have the powers of arrest, search,
and seizure, including the powers under Section 9.51, Penal Code,
while in the performance of their duties on the premises of a
commercial nuclear power plant site or under agreements entered into
with local law enforcement regarding areas surrounding the plant site.
by txinvestigator
Thu Dec 29, 2005 12:10 am
Forum: General Texas CHL Discussion
Topic: Does your bank post a 30.06 sign ?
Replies: 24
Views: 4559

KBCraig wrote:Hibernia improperly posts (ghostbuster, plus "no firearms on premises"). They insist that they don't mind LEOs with guns, and were completely clue-resistant when I tried educating them that armed, off-duty LEOs were barred by their signs, but CHLs weren't. I got the email equivalent of a blank stare and babble.

But, they insist that they're just "complying with state and federal law". :roll: They're based in Louisiana with locations in Texas and Arkansas; neither federal law, nor the laws of those three states restrict carrying firearms in a bank.

They're idjits, but they're the only decent option in town. I'll be rid of them in a couple of years when I move to New Hampshire.

Kevin
Points are well taken but how does the little sign prevent off duty LEO's from carrying there?

Return to “Does your bank post a 30.06 sign ?”