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by Charles L. Cotton
Wed Mar 02, 2016 12:41 pm
Forum: General Texas CHL Discussion
Topic: Brackenridge Hospital Austin 30.06
Replies: 27
Views: 3742

Re: Brackenridge Hospital Austin 30.06

TexasTornado wrote:I have another view point question on this.

If you're admitted to the hospital then what about the castle doctrine? Your room, much like a hotel room becomes your temporary living quarters. Would you then be carrying under the authority of 30.06 and if not is 40.035 listed as an exception to the castle doctrine at all?
Your "living quarters" is not a controlling factor. Your hospital room is not your "own premises or premises under [your] control" as we see in Tex. Penal Code §46.02(a)(1). Therefore, it would be unlawful for you to possess a handgun in your hospital room unless you have an LTC. Since you would be carrying pursuant to the authority of your LTC, Tex. Panel Code §46.035(b)(4) would apply. Since the hospital posted a TPC §30.06 sign to trigger the prohibition found in TPC §46.035(b)(4), you would be in violation of that Code provision.

Unlike a hotel room, you do not have any control over your hospital room, nor to you have any expectation of privacy.

Chas.

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