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by howdy
Mon Jan 03, 2022 10:24 pm
Forum: Instructors' Corner
Topic: Please help me understand some twists in PC § 46.15
Replies: 12
Views: 13733

Re: Please help me understand some twists in PC § 46.15

srothstein wrote: Mon Jan 03, 2022 8:10 pm
howdy wrote: Mon Jan 03, 2022 11:20 amThis 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.
The newest change is what you are asking about. This makes it possible to enter a prohibited location with a firearm if you have no notice, either sign or oral, and beat the rap. If there is no sign, you can enter until someone tells you no guns and then you must leave.

And your instructor must not have understood this section also or confused the signs. A 46.03 sign does apply to you IF it is truly a prohibited place listed in that section of the law.


This too is how I interpreted the law. I don't really care what law I get charged with because either one is bad. My requal instructor was correct in saying only 30.06/07 and 51% signs are all we need to worry about. He never said that we could carry in 46.03 prohibited places nor did he infer that.

This is why I love this forum. I tell my students about it and encourage them to ask questions from the gallery here because there are many (yourself included) members that are very knowledgeable on the nuances of the law.
by howdy
Mon Jan 03, 2022 11:20 am
Forum: Instructors' Corner
Topic: Please help me understand some twists in PC § 46.15
Replies: 12
Views: 13733

Re: Please help me understand some twists in PC § 46.15

srothstein 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.

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