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by imkopaka
Sun Oct 14, 2018 7:54 am
Forum: General Texas CHL Discussion
Topic: Medical Facilities
Replies: 40
Views: 13521

Re: Medical Facilities

srothstein wrote: Sat Oct 13, 2018 12:30 pm
imkopaka wrote: Sat Oct 13, 2018 7:26 amWait, I'm confused. How does being on government property factor into the validity of the signage? I thought the AG opinion RE: Dallas Zoo basically said that private entities operating on government property have the authority to post valid signs. Am I missing something?
The opinion was very carefully worded and covered two separate points. The primary purpose of the opinion was if the law against posting signs on government property applied to private entities that leased the property. He said they could not be charged or forced to take the signs down under the law regarding government agencies posting signs. He did restrict that to some pretty specific conditions, including that it must be a hands off lease.

But the AG managed to slip into the opinion a warning. The signs are not enforceable because the law on whether they apply on government owned property still applies. I was referring to this in my statement about the hospital on city owned property. They can legally post the signs but they have no valid meaning.
I actually reviewed KP-108 yesterday and refreshed my memory on what you're talking about. Had a long post written about it, including a lengthy section of that opinion. Then when I clicked "Submit" the site went down again like it did the other day and I lost the whole post. :banghead:

Thanks for the information guys!
by imkopaka
Sat Oct 13, 2018 7:26 am
Forum: General Texas CHL Discussion
Topic: Medical Facilities
Replies: 40
Views: 13521

Re: Medical Facilities

srothstein wrote: Sat Oct 13, 2018 12:42 am
KLB wrote: Thu Oct 11, 2018 12:09 pm In my experience, virtually any healthcare or medical related facility will be posted. Doctors have to have enough individual variety that this isn't a coincidence. There must be some mandate somewhere.

Does anyone know where?
Well, sort of. There is a requirement in Government Code section 411.204 that all hospitals and nursing homes must post a sign banning concealed carry. It used to have effect also, but the ban on entering hospitals while carrying has been repealed unless they post 30.06/07. IIRC, this ban was part of the compromise to first get CHL passed in Texas. In my personal opinion, there has never been any industry as dead set against people owning guns as the medical industry and they fought hard to stop CHL. The big medical companies, like Seton, are still pretty much dead set against it and post almost all of their clinics and hospitals. As with any large group, there are individual doctors that are very pro-gun too and they do not post.

To give credit where it is due, I think the anti-gun bias is based at least in part on their medical training and the concept of first doing no harm. I also think it is actually more due to medical administrators and support staff and not the actual doctors. I know some doctors who are pretty strict and want to interfere with people's lives to stop risky activities like motorcycling and shooting, but I do not think they are the majority.

On a side note, a lot of the hospitals that get posted cannot be legally enforced. Seton has a lot of contracts running county hospitals which are on government property. I don't know if anyone has told them that it is not enforceable yet. I am really curious about the one in Austin, where the Dell Hospital is run by Seton and posted but is on campus property but funded by the city and county. Fortunately, I know most people with an LTC will not violate the rules, even when the rules are not legally enforceable or are in a gray area.
Wait, I'm confused. How does being on government property factor into the validity of the signage? I thought the AG opinion RE: Dallas Zoo basically said that private entities operating on government property have the authority to post valid signs. Am I missing something?
by imkopaka
Thu Oct 11, 2018 3:40 pm
Forum: General Texas CHL Discussion
Topic: Medical Facilities
Replies: 40
Views: 13521

Re: Medical Facilities

Every hospital, urgent care facility, and drug testing facility I've ever seen in Texas is posted 06 and 07. Every doctor's office, dentist office, and specialty clinic I've visited except for one was not posted. YMMV

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