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- Mon Jul 09, 2012 4:17 pm
- Forum: General Texas CHL Discussion
- Topic: Brackenridge Hospital Austin 30.06
- Replies: 27
- Views: 3758
Re: Brackenridge Hospital Austin 30.06
And I just noticed -- Welcome to the Forum, Chaz7138!
- Mon Jul 09, 2012 3:54 pm
- Forum: General Texas CHL Discussion
- Topic: Brackenridge Hospital Austin 30.06
- Replies: 27
- Views: 3758
Re: Brackenridge Hospital Austin 30.06
That doesn't sound right. Just because the lessee has control of the property does not invalidate the "owned by a government entity" part. They still own it. And Mr. Cotton has pointed out that the landlord cannot convey a right to the lessee that the landlord himself does not possess. For example, if I owned a piece of property that I did NOT have mineral rights to, I could not rent that property to a mining company and claim that they were extracting the minerals, not me.Chaz7138 wrote:I asked a criminal defense attorney, who's firm defends CHL holders & Instructors, here are their comments:
"Texas Penal Code 30.06(e) which states that property owned or leased by a governmental entity cannot have 30.06 signs posted. Since the property is leased by the hospital, they have “control” over the premises. That means they may post a 30.06 sign without regard to 30.06(e). If you keep reading 30.06(e), it states ...”and is not a premises or other place on which the license holder is prohibited from carrying a handgun under Section 46.03 and 46.035.” A hospital is specifically listed in 46.035(b)(4)."
Therefore under PC46.035 a hospital is specifically listed as a prohibited place and can post a PC30.06 sign regardless of ownership!!
Additionally I found that in 2003 the 5th floor was leased to University of Texas Medical Branch at Galveston, which is part of the University of Texas System and therefore the 5th floor would also be a prohibited place under PC46.03(a)(1); and PC46.03(g)states "An offense under this section is a third degree felony."
Also, it would seem this is the same issue that was resolved regarding the leasing of Fair Park (owned by the city of Dallas) to the people that run the Texas State Fair. They (the lessee) originally were posting 30.06, but were forced to stop and allow CHLs to carry because it's city property.