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by Tex1961
Thu Dec 28, 2023 8:57 pm
Forum: General Texas CHL Discussion
Topic: Frustration at 30.06 signage
Replies: 54
Views: 109302

Re: Frustration at 30.06 signage

RoyGBiv wrote: Thu Dec 28, 2023 8:38 pm
Tex1961 wrote: Thu Dec 28, 2023 1:49 pm
RoyGBiv wrote: Thu Dec 28, 2023 1:19 pm
tbrown wrote: Sun May 28, 2017 8:38 pm Get a Red Cross CPR card. That's what I did so I can ignore 30.06 signs starting 9/1.

If I was on the jury, I'd do my best to get you an acquittal, but, IMO a CPR card doesn't meet the volunteer definition.
I'm not going to ask for the AG to give an opinion, but being a test case can be expensive and cost you your license.
Even though it's a 5 year old post, the only thing that can get you legally past a 30.06 is if your are a One duty first responder with a ODFR certificate from the state. Volunteers do NOT qualify for this certificate.
Emergency service volunteer....
I carry 4 credentials from emergency service organizations to which I contribute hours every month, attend meetings, training, serve on boards, etc. Police, Fire, City Emergency Management and Medical Reserve Corps. I'm confident I qualify for the Defense to Prosecution carve out in 30.0X.

The only requirement for being on-duty is for chapter 46/schools.
Hey, I understand.... And I agree the laws are quite confusing. I've been pouring over the ODFR presentation and honestly it has some contradictions. This is way past my training for sure. I might try and contact the DPS training department next week and get a clarification myself. I've been pouring over most of the government codes 30, health and safety codes and there is a lot of conflicting information. As I tell students multiple times, I am not a lawyer and as such don't give out legal advise. I can only tell students what I know based on what the DPS has told me.

Also some clarification which also may come into play. The on duty certification for first responders really only apply to those who work for counties or municipalities with smaller populations. Municipality with a population of 30,000 or less or a county with a population of 250,000 or less. And only those who are employed by the municipalities or county as full time employees, (NOT VOLUNTEERS). can get the ODFR certificate. Or at least can't utilize it to carry while on duty without permission from their respective departments.

On a side note I will say that considering passing a 30.06 is only a Class C misdemeanor I wouldn't worry to much about it. And you are quite correct about 46.03 locations and federal property.
by Tex1961
Thu Dec 28, 2023 7:50 pm
Forum: General Texas CHL Discussion
Topic: Frustration at 30.06 signage
Replies: 54
Views: 109302

Re: Frustration at 30.06 signage

ScottDLS wrote: Thu Dec 28, 2023 3:58 pm
Tex1961 wrote: Thu Dec 28, 2023 1:49 pm
RoyGBiv wrote: Thu Dec 28, 2023 1:19 pm
tbrown wrote: Sun May 28, 2017 8:38 pm Get a Red Cross CPR card. That's what I did so I can ignore 30.06 signs starting 9/1.

If I was on the jury, I'd do my best to get you an acquittal, but, IMO a CPR card doesn't meet the volunteer definition.
I'm not going to ask for the AG to give an opinion, but being a test case can be expensive and cost you your license.
Even though it's a 5 year old post, the only thing that can get you legally past a 30.06 is if your are a One duty first responder with a ODFR certificate from the state. Volunteers do NOT qualify for this certificate.
That is incorrect. Volunteer emergency services personnel have a carve out in 30.06/7. If one wanted to carry at the Perot museum and they did not have metal detectors, if that person was a VESP, then they could do so legally.
Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN.
(a) A license holder commits an offense if the license holder:
....
(f) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01.
Sec. 46.01. DEFINITIONS. In this chapter:
(18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations.
I'm not going to get into a legal / pissing contest with you. Per the instructors at the DPS training academy when I took the On Duty First Responder Instructor course. We were told in very straight terms that HB 1069 changed a lot of the penal codes especially under section 46. And one of those were that volunteer emergency services were not allowed to carry past a 30.06... You are more than welcome to do your own research and maybe prove the DPS instructors wrong. I'm just relaying what I was told directly by the instructors at the academy.

(20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. The term does not include:
(A) volunteer emergency services personnel;

(B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or
(C) a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties.
by Tex1961
Thu Dec 28, 2023 1:49 pm
Forum: General Texas CHL Discussion
Topic: Frustration at 30.06 signage
Replies: 54
Views: 109302

Re: Frustration at 30.06 signage

RoyGBiv wrote: Thu Dec 28, 2023 1:19 pm
tbrown wrote: Sun May 28, 2017 8:38 pm Get a Red Cross CPR card. That's what I did so I can ignore 30.06 signs starting 9/1.

If I was on the jury, I'd do my best to get you an acquittal, but, IMO a CPR card doesn't meet the volunteer definition.
I'm not going to ask for the AG to give an opinion, but being a test case can be expensive and cost you your license.
Even though it's a 5 year old post, the only thing that can get you legally past a 30.06 is if your are a One duty first responder with a ODFR certificate from the state. Volunteers do NOT qualify for this certificate.

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