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Return to “Please help me understand some twists in PC § 46.15”
- Mon Jan 03, 2022 10:35 pm
- Forum: Instructors' Corner
- Topic: Please help me understand some twists in PC § 46.15
- Replies: 12
- Views: 13886
Re: Please help me understand some twists in PC § 46.15
Has anyone ever suggested instructor meetups ? Might be nice to sit around a few cups of coffee and talk about things like this.
- Mon Jan 03, 2022 1:22 pm
- Forum: Instructors' Corner
- Topic: Please help me understand some twists in PC § 46.15
- Replies: 12
- Views: 13886
Re: Please help me understand some twists in PC § 46.15
No... 46.03 are NO GO locations such as federal property, schools, etc.... Those apply to both LTC and Constitutional carry.....howdy wrote: ↑Mon Jan 03, 2022 11:20 amsrothstein wrote: ↑Sun Jan 02, 2022 11:18 pm The way I read that section of law, it is a clumsily worded attempt to say that prohibited locations must be posted or the person must be told and then not depart before charge can be filed. When I read the actual bill, section m, n, o, and p were all added at one time and in one specific section of the bill. Reading them all at once as one bill makes it more understandable to me. That way it says you cannot be charged if you leave when told, except that signs are considered to have told you this, and the sign is the new 46.03 sign. In the specific case of an LTC at a collegiate sporting event, the sign is either the 30.06 or 30.07 sign.
[code]While at first glance, the last part would appear to make it possible to only be prohibited for open or concealed carry for an LTC depending on the sign, remember that the clause it applies to is the location being prohibited if EITHER sign is posted. It is not if the sign is enforceable (which is a stupid way to implement this idea), but if the location itself is prohibited. To possibly make that more understandable, it means you will be charged with violating 46.03 and not 30.06 or 30.07 if they have either sign. [/code]
And the answer to why they have two different sections named m, there were two bills passed and signed by the governor. Each bill added a new section m. This actually happens a lot and one of the first bills passed each legislative session is a cleanup bill which goes through the code looking for this and renumbers everything to eliminate duplicate section letters and improper cross references.
This is my area of confusion and maybe it is only semantics. I define "prohibited locations" as the premises of a school, a polling place, a court house, etc. I call places with signs as a "posted place". Maybe in this post we are referring to a prohibited place as any place with a 46.03 or 30.06/07 sign. Are you saying that a posted 46.03 sign is binding on a LTC holder? In my renewal class back in August, that question was asked and the Instructor said that the 46.03 did not apply to LTC, only the 300.06/07 and 51% signs.
- Mon Jan 03, 2022 8:30 am
- Forum: Instructors' Corner
- Topic: Please help me understand some twists in PC § 46.15
- Replies: 12
- Views: 13886
Re: Please help me understand some twists in PC § 46.15
Wow, good catch.wheelgun1958 wrote: ↑Sun Jan 02, 2022 10:28 pmPursuant to 46.035(i) the 30.06 sign must be visible and legible, which it is not if is obscured.Tex1961 wrote: ↑Sun Jan 02, 2022 3:22 pmThat makes sense under 46.03 (11)wheelgun1958 wrote: ↑Sun Jan 02, 2022 3:11 pm I recently came across a hospital that had a 46.03 sign on top of and obscuring the 30.06 sign. I didn't want to be a test case.
As others who have posted on this thread have eluded to, the laws are not written in common tongue but in lawyer speak. So many are in seemingly conflicted language that it would take a court case to clarify.
- Sun Jan 02, 2022 3:22 pm
- Forum: Instructors' Corner
- Topic: Please help me understand some twists in PC § 46.15
- Replies: 12
- Views: 13886
Re: Please help me understand some twists in PC § 46.15
That makes sense under 46.03 (11)wheelgun1958 wrote: ↑Sun Jan 02, 2022 3:11 pm I recently came across a hospital that had a 46.03 sign on top of and obscuring the 30.06 sign. I didn't want to be a test case.