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by The Annoyed Man
Tue Sep 07, 2010 3:19 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: priorities
Replies: 32
Views: 4975

Re: priorities

tacticool wrote:
3dfxMM wrote:The first one describes the case where the individual was not effectively notified in compliance with 30.06.

The second one is talking about places that are statutorily prohibited, not private businesses posting 30.06 signs.
:iagree:

46.035 is not 30.06 nor 30.05

For people that think 30.05 and 30.06 apply only to buildings, I encourage you to jump the fence at a critical infrastructure facility and base your legal defense on the fact you didn't enter a building.
But isn't the "critical infrastructure" section already covered separately without 30.05 & 30.06? I'm thinking I must be confused, because I've seen a lot of places posted with 30.06 signs, but the parking lots weren't covered. The Baylor hospitals and the Grapevine Mills mall come immediately to mind. So what you're saying then is that, if those 30.06 signs had been posted at the parking lot entrances instead of the building entrances, then I couldn't even park there and secure my weapon in the car?

That further proves, in my mind, the need for a parking lot bill, if that's true.
by The Annoyed Man
Tue Sep 07, 2010 1:55 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: priorities
Replies: 32
Views: 4975

Re: priorities

3dfxMM wrote:
My further understanding is that 30.06 applies only to buildings, not the accessible parking lots surrounding those buildings.
In this case your understanding is incorrect. Private businesses can post any part of their property they want to. If I recall correctly, 30.06 specifies "property" rather than "premises". Having said that, keep in mind that, according to Mr. Rothstein, the MPA has pretty much taken the teeth out of posting the parking lot.
So how do you explain:
  • PC §30.05 CRIMINAL TRESSPASS
    • (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 concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.
...and...
  • PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER
    • (f) In this section:
      • (3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area...
by The Annoyed Man
Tue Sep 07, 2010 12:37 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: priorities
Replies: 32
Views: 4975

Re: priorities

Salty1 wrote:Private Property rights, I do not want anybody telling me what is allowed within my property unless it has a verifiable negative effect or is dangerous to those around me. People are not forced to work for a specific company, If they do not like the company rules then go work someplace else they have the freedom to do that. There are certain things that we have the power to change others we just need to buck up and live with.
My understanding of CHL and PC § 30.06 is that a CHL holder is allowed under the law to disarm and secure their weapon in their vehicle, in the parking lot, before entering the 30.06 posted premises.... ...."premises" meaning "the building(s)." My further understanding is that 30.06 applies only to buildings, not the accessible parking lots surrounding those buildings.

Now, given that, if I am a client about to enter the 30.06 posted building of a vendor, and I leave my gun secured in my vehicle, how exactly have I violated that company's private property rights? The answer? I haven't. I am in compliance with the law.

Let's extrapolate that to an employee of that same company who is in possession of a CHL... The company's building is posted 30.06. The employee may not enter with their weapon, regardless of whatever policy is stated in the employee manual. So, if the employee secures their weapon in their car, in the same parking lot I used, how have they violated the employer's private property rights? The answer? They haven't.... ...not anymore than I did in the preceding paragraph.

Now, HR policy may forbid the employee to have a gun in their car, but that is a separate issue, having to do with the mutually agreed upon terms of employment, and has nothing whatsoever to do with the employer's private property rights. If it did, then PC § 30.06 would not make it permissible for a non-employee CHL holder to secure their firearm in the car. If the building weren't posted, the employee could still be subject to termination according to the employee policy, but not to arrest and prosecution since the building is not posted.

The whole point of a "parking lot bill" which you may be overlooking, is to make it so that the CHL holder who is employed by that company will enjoy the same rights under the law as any other CHL holder. They still cannot enter the 30.06 posted building. They still cannot carry into the building in violation of employment policy on penalty of termination, but they will enjoy all the same rights as any other CHL holder.

For your position to be consistent, then you must categorically renounce the parking lot exception of 30.06 for all CHL holders. Is that your position?

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