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Return to “allowed to carry inside clinic/doctors office?”
- Sun Aug 09, 2009 11:08 am
- Forum: General Texas CHL Discussion
- Topic: allowed to carry inside clinic/doctors office?
- Replies: 32
- Views: 6631
Re: allowed to carry inside clinic/doctors office?
Yes, but your answer was more detailled!
- Sun Aug 09, 2009 10:55 am
- Forum: General Texas CHL Discussion
- Topic: allowed to carry inside clinic/doctors office?
- Replies: 32
- Views: 6631
Re: allowed to carry inside clinic/doctors office?
DrinkRaiderade wrote:http://www8.utsouthwestern.edu/utsw/cda ... tml#pistol
The UT Southwestern Medical Center Police even address it on their website...off limits.
Since when was it ever claimed that Police actually know the laws properly?NOTE: It is unlawful to carry a firearm on campus (PC Section 46.03. Places Weapons Prohibited) even if you are licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
Granted, it appears that this hospital is actually located ON a university Campus. That makes it a little more Grey area then, say, Memorial Hermann down in the Medical Center in Houston, which is not on a campus, but is 'affiliated with' a school.
- Sat Aug 08, 2009 6:08 pm
- Forum: General Texas CHL Discussion
- Topic: allowed to carry inside clinic/doctors office?
- Replies: 32
- Views: 6631
Re: allowed to carry inside clinic/doctors office?
Psst. Joe.. Scroll up. Already covered that myself earlier
Someone hinted at the fact that university-affiliated Hospitals didn't have to post 30.06, since they were covered under 46.03... hence my opinion on it being debunked
Someone hinted at the fact that university-affiliated Hospitals didn't have to post 30.06, since they were covered under 46.03... hence my opinion on it being debunked
- Sat Aug 08, 2009 5:06 pm
- Forum: General Texas CHL Discussion
- Topic: allowed to carry inside clinic/doctors office?
- Replies: 32
- Views: 6631
Re: allowed to carry inside clinic/doctors office?
I think he's saying that he believes that it falls under 46.03(a)(1)bdickens wrote:DrinkRaiderade wrote:A University owned Hospital/medical center/clinic does not have to post 30.06 to restrict carry, thus you can't carry there...
Examples-UT Southwestern, UTMB, UTHSC, TTUHSC, UTMD Anderson, Texas A&M HSC, etc
Since when?
Now.. just follow me on this... This applies to "on the physical premises of a school or educational institution".§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm, illegal knife, club, or
prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
The question I guess then is, Is a Hospital owned, or affiliated with a school, where certain students may be 'learning' things, considered an 'educational institution'?
I guess that depends on the definition of 'educational institution', of which there is none in this law. Not being a lawyer, I do not know if it is defined anywhere else in Texas Penal code, so I will assume it is not.
If a definition is not defined in code, then, as I understand it, it is to be taken as the common understanding of the word or phrase.
That being the case, I would assume that most people would agree that, while some education MAY be going on inside it's walls, a Hospital's MAIN purpose is NOT to educate, but rather to save lives, and perform other medical procedures. If you were to go by 'well, there's a class going on inside that hospital somewhere' or 'someone's learning something inside there somewhere', then By that definition, Subway would be off-limits to CHL's when they 'teach' their new employees how to make a sandwich. Granted, instructing someone to perform open heart surgery might just be a might bit harder then instructing someone on how to build a perfect Italian BMT... but with today's advances in robotics and computers, it can't be that much
Another point: Hospitals NOT owned or affiliated with schools have students working there as part of their education, and we are clearly allowed to carry there in the absence of 30.06 notice. For that matter, Co-ops & internships in other industries are often required as part of one's education. If a restaurant had a student working under a chef there, as part of their Culinary Arts program... is that restaurant suddenly off-limits to CHL's? I Think not. So students working under doctors, towards their medical education do not make it an 'educational institution'.
So, in my opinion, A Hospital, as long as it provides services to the public for a fee as it's main purpose, (Hospitals are businesses... you pay them for services.. remember that!) is NOT included under the 46.03(a)(1).
However... All that being said... You'd probably have to go to trial to prove it
- Sat Aug 08, 2009 10:05 am
- Forum: General Texas CHL Discussion
- Topic: allowed to carry inside clinic/doctors office?
- Replies: 32
- Views: 6631
Re: allowed to carry inside clinic/doctors office?
Incorrect.
Hospitals are NOT off limits.
They have to post a 30.06 sign just like anyone else. Same for a doctor's office.
Hospitals are NOT off limits.
They have to post a 30.06 sign just like anyone else. Same for a doctor's office.
§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
...
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
...
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
if the actor was not given effective notice under Section 30.06.