Search found 5 matches

by C-dub
Thu Sep 27, 2012 6:27 am
Forum: General Texas CHL Discussion
Topic: Hospitals and CHLs
Replies: 28
Views: 4366

Re: Hospitals and CHLs

srothstein wrote:
C-dub wrote:This has been bugging me all day. Are you sure about this Steve? It seems like the exceptions in 30.06 and 46.035 are a loop that contradict each other.

1. Hospitals are only off limits if they post a proper 30.06 sign.
2. Government owned property, with some exceptions, are prohibited from prohibiting a CHL from carrying.
3. Hospitals are not one of those places mentioned as an exception for government owned or leased places like courtrooms or prisons.

I want to believe you Steve, but something's not quite right. I just keep :headscratch over this one.

Try looking at it this way:

30.06 is not valid on state property unless it is listed in 46.035
hospitals are listed in 46.035 as prohibited if the sign is posted.
Hospital has the sign so it is prohibited
Sign is now valid and enforceable


In reality, you could ignore the requirement for signs in 46.035 and use the logic of if the location is listed at all in 46.035, it is illegal and enforceable. I would bet any court would read this as the intent of the legislature if they had any questions about the meaning of the sections.
Yes, but if Texas actually deleted things from the law, instead of adding a little part at the end making them an exception, hospitals wouldn't be there any more. Since they made it a requirement that they post a 30.06 hospitals are no different than a fast food place for these purposes. If they were to write this law today, hospitals and churches, and amusement parks wouldn't be in 46.035 at all and we wouldn't be talking about this at all. Well, maybe a little. :roll: :lol:

This is really the only reason I question this. The only reason hospitals are "in" 46.035 is because Texas doesn't delete anything from their code, they just make an exception for it excluding it. Hospitals are in there, but not really.
by C-dub
Mon Sep 24, 2012 8:28 pm
Forum: General Texas CHL Discussion
Topic: Hospitals and CHLs
Replies: 28
Views: 4366

Re: Hospitals and CHLs

srothstein wrote:
C-dub wrote:
tommyg wrote:The Austin State Mental Hospital has a gun buster sign (totally non compliant) on the front gate.
I don't know if it is legal or not to carry there but I would not even think
of carry on the grounds of a mental hospital :roll:
They probably couldn't enforce it even if they did put up a 30.06 sign, as it's state property.

As a hospital, a proper 30.06 sign would be enforceable, even on state property. That clause about state property has the exemption in it for property prohibited by 46.035 so it would still be a crime.
This has been bugging me all day. Are you sure about this Steve? It seems like the exceptions in 30.06 and 46.035 are a loop that contradict each other.

1. Hospitals are only off limits if they post a proper 30.06 sign.
2. Government owned property, with some exceptions, are prohibited from prohibiting a CHL from carrying.
3. Hospitals are not one of those places mentioned as an exception for government owned or leased places like courtrooms or prisons.

I want to believe you Steve, but something's not quite right. I just keep :headscratch over this one.
by C-dub
Mon Sep 24, 2012 6:17 am
Forum: General Texas CHL Discussion
Topic: Hospitals and CHLs
Replies: 28
Views: 4366

Re: Hospitals and CHLs

srothstein wrote:
C-dub wrote:
tommyg wrote:The Austin State Mental Hospital has a gun buster sign (totally non compliant) on the front gate.
I don't know if it is legal or not to carry there but I would not even think
of carry on the grounds of a mental hospital :roll:
They probably couldn't enforce it even if they did put up a 30.06 sign, as it's state property.

As a hospital, a proper 30.06 sign would be enforceable, even on state property. That clause about state property has the exemption in it for property prohibited by 46.035 so it would still be a crime.
Bummer. Good thing I put that "probably" in there. ;-)

EDIT: And fortunately the facility I visit does not post any 30.06 signs. :coolgleamA:
by C-dub
Sun Sep 23, 2012 5:53 pm
Forum: General Texas CHL Discussion
Topic: Hospitals and CHLs
Replies: 28
Views: 4366

Re: Hospitals and CHLs

tommyg wrote:The Austin State Mental Hospital has a gun buster sign (totally non compliant) on the front gate.
I don't know if it is legal or not to carry there but I would not even think
of carry on the grounds of a mental hospital :roll:
They probably couldn't enforce it even if they did put up a 30.06 sign, as it's state property. I visit a family member in a state facility several times a year and am carrying every time. Just like any other time, I probably and hopefully won't ever need it there, but talk about a place with the potential for things to get out of hand quickly.
by C-dub
Thu Sep 06, 2012 6:44 pm
Forum: General Texas CHL Discussion
Topic: Hospitals and CHLs
Replies: 28
Views: 4366

Re: Hospitals and CHLs

Very nice. Thankfully, I don't get to very many hospitals, but have yet to see one that was not properly posted.

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