Search found 11 matches

by RottenApple
Wed May 01, 2013 7:50 am
Forum: General Texas CHL Discussion
Topic: Medical Office Building
Replies: 31
Views: 8459

Re: Medical Office Building

carrydave wrote:its the same story here. the main hospital are posted but everything else not. well except the foot bridge in the op.

the university medical center has a 30.06 sign on the road when you turn on to campus.
i have never seen that before.
Probably a gray area, but if they've posted the road/parking lot (which isn't valid & can be safely ignored), and the building isn't posted, then it seems to me tat you should be legal to carry.
by RottenApple
Sun Apr 28, 2013 12:05 pm
Forum: General Texas CHL Discussion
Topic: Medical Office Building
Replies: 31
Views: 8459

Re: Medical Office Building

tommyg wrote:Most medical facilities are posted.
I don't know about that. Most major hospitals may be posted. But the vast majority of medical facilities, at least in the DFW area, are not posted at all. I've yet to see a posted dialysis center, rehab facility (other than Baylor downtown), eye clinic, etc. And darn few Dr's offices (outside of a hospital) are posted. Heck, it wasn't until 3-6 months ago that Baylor started posting all of their family/community health clinics.
by RottenApple
Mon Apr 15, 2013 8:32 am
Forum: General Texas CHL Discussion
Topic: Medical Office Building
Replies: 31
Views: 8459

Re: Medical Office Building

carrydave wrote:Well we decided to contact administrationand ask if they purposefully neglected to post signage at the MOB entrances because they want to allow patients and private doctors to CCW.

this hospital group is very diligent with posting signs at all major entrances.
So i cant help bit feel they did not post at the office building die to private doctors and their patients occupying the building (paying an arm and leg in rent too)

The bridge that is posted leads to a floor where there are no private physicians i realized just the other day.

my coworker is also very concerned about how vulnerable we are.

The space we rent has only one way in and out, and no window escapes.
in almost 20 years weve only had one patient make us nervous but these days are different.

When we get an official response ill go ahead and post all the info. Im sure some here will visit if they need to see a good doctor in west texas.j
:grumble So if it was an oversight on their part, they'll now post 30.06 signs and prevent anyone else from legally carrying. Great. Why oh why do some people feel the need to poke the bear??? :banghead:
by RottenApple
Fri Apr 12, 2013 9:43 am
Forum: General Texas CHL Discussion
Topic: Medical Office Building
Replies: 31
Views: 8459

Re: Medical Office Building

hirundo82 wrote:Not sure what you mean by a "true teaching hospital"-- by definition, a teaching hospital is one that has residents (trust me--I'm going to be a resident in a couple months).
I was referring to the legal definition of a teaching hospital. A regular hospital (that also has residents) doesn't meet the qualifications. Take Medical City of Dallas as an example. Interns & residents? Yes. But is it a teaching hospital in the legal definition? No. It's not attached to a medical school and so doesn't qualify as off limits for chl.
hirundo82 wrote:Few hospitals are owned by medical schools, more are affiliated with medical schools for the purposes of having med students and residents rotate there, and it's still ambiguous what level of involvement is enough to constitute an off-limits area for CHLs.
Exactly my point. IMHO, in order to qualify for off limits for CHLs (statutorily, of course, not 30.06), it must be attached to a medical school. University Hospital in San Antonio would be an example of this type. No 30.06 sign needed for that one.
by RottenApple
Thu Apr 11, 2013 9:19 am
Forum: General Texas CHL Discussion
Topic: Medical Office Building
Replies: 31
Views: 8459

Re: Medical Office Building

hirundo82 wrote:
RottenApple wrote: As for being a teaching office, not an issue unless its OWNED by an accredited teaching hospital. The teaching hospital issue is kinda weird. EVERY hospital has interns, residents, etc. So every hospital can be said to be a "teaching" hospital. IMO, what makes a hospital a true teaching hospital is that it is attached to a medical school. University Hospital in San Antonio or Baylor Dental College for examples.
No, the vast majority of hospitals are not teaching hospitals (no residents, medical students, etc).

And teaching hospitals aren't even explicitly off limit by statute--to be convicted, the prosecutor would have to show they fall under the "school" prohibition of PC46.03 (and I'm not sure you could convince a jury of that--it wouldn't seem to me to fall under what the man on the street would think of as a school).
Please reread what I wrote without reading into it. I didn't say that all hospitals were teaching hospitals. I said that hospitals could be said to be "teaching" hospitals because they have interns, residents, etc.; but what makes a hospital a true teaching hospital is that it is attached to a medical school.

Btw, most hospitals do have interns and residents. At least in urban areas.
by RottenApple
Thu Apr 11, 2013 9:15 am
Forum: General Texas CHL Discussion
Topic: Medical Office Building
Replies: 31
Views: 8459

Re: Medical Office Building

carrydave wrote:sorry if i seem to be repeating myself.

I am very greatful, so far since joining I have learned many things that were taught flat out wrong in my chl class.

TYVM
No worries, Dave. It's kind of an odd situation. If *I* (a non-employee) go into that building, I have no way of receiving notice (assuming you are correct about there being no other 30.06 signs, and I have no reason to not believe you). So I would be legally carrying. But if discovered, I could take a ride because the building is posted, just not in a very conspicuous place. If that happened, my lawyer gets to ave some fun (at my expense, of course :grumble ). You, OTOH, have received notice (by going through the employee entrance which is posted) and so cannot/should not carry.

Frankly, I think it should be mandated that 30.06 signs should be posted at ALL entrances in order to prevent this kind of.... Stuff....
by RottenApple
Wed Apr 10, 2013 5:42 pm
Forum: General Texas CHL Discussion
Topic: Medical Office Building
Replies: 31
Views: 8459

Re: Medical Office Building

carrydave wrote:Just wanted to post an update. I check both the front and read as well as the entrance to the attached cancer treatment center. There are NO 30.06 signs posted.

There is a 30.06 sign posted where the employees enter on the second floor footbridge to employee parking.

Does this mean Its legal to carry as long as i avoid that floor and entrance?
No. Again, 30.06 doesn't need to be posted at all entrances. It does, however, need to be "displayed in a conspicuous manner clearly visible to the public". Now, if this sign is only posted at the employee entrance, it may not qualify as "displayed in a conspicuous manner clearly visible to the public"; But YOU have now received notice and so cannot/should not carry.
by RottenApple
Sat Mar 30, 2013 9:06 am
Forum: General Texas CHL Discussion
Topic: Medical Office Building
Replies: 31
Views: 8459

Re: Medical Office Building

carrydave wrote:
TexasGal wrote:Would this hospital be a teaching hospital? Belonging to a University? If so and this hospital owns the building that is renting the space, this creates another problem.
GOLD STAR.

I did not think of that.....


this office (again not a hospital, but connected to a hospital by a footbridge) is actually a TEACHING OFFICE sometimes.

would a medical student on internship classify my entire workplace as a "school event" when a med student is present? one would think a third year medical student would not cause this.

Sorry about not knowing about signage at entrances, bad chl class i suppose.

the way in which they post the 30.06 sign is just where employees would see it. and in such a way that your good in the parking garage,but not in the hallways?

with all this muck, and mire i want to just give up and stick to a pepper blaster, but "what if" is all i can think about is being in a free fire zone ripe for a glory killer.

Thanks to everyone for the GREAT answers, and comments. I am learning a lot already (thats why I'm here),
Parking lots & garages are covered under the parking lot law, so you'd at least be able to store your gun in your car.

As for being a teaching office, not an issue unless its OWNED by an accredited teaching hospital. The teaching hospital issue is kinda weird. EVERY hospital has interns, residents, etc. So every hospital can be said to be a "teaching" hospital. IMO, what makes a hospital a true teaching hospital is that it is attached to a medical school. University Hospital in San Antonio or Baylor Dental College for examples.
by RottenApple
Fri Mar 29, 2013 6:46 pm
Forum: General Texas CHL Discussion
Topic: Medical Office Building
Replies: 31
Views: 8459

Re: Medical Office Building

RPB wrote::biggrinjester:
(assuming permission is granted and the person, in this case the OP, is in control of the premises.
Good points.

Problem seems to be getting inside of the leased space WITHHOUT passing through a hallway/ common area OWNED by anyone providing notice ... I'd ask for a ladder at my Window ... you know ... in case of fire :mrgreen:
I hear ya. Carry in the office? Sure! (Assuming what I posted above) But how do you GET to the office?!?! Well, if they have their own external exit, I guess it's not an issue. Hmmmm. I wonder if the traveling exception could come into play here.....
RPB wrote:Those situations like where a Justice of the Peace puts a Secretary's office in a building where the DPS/Tax office is in a conspiracy to prevent carrying in the building you normally could carry in on County property irritate me too.
:iagree: I've ran into a few of those recently. :mad5
RPB wrote:.... I probably would not get caught carrying in the OP's situation either
;-) (I Like how I worded that) I'd never do that which I thought was illegal, I'd absolutely carry at a College if it was decriminalized and the school had "rules" against it so that survivors of a mass shooting would be expelled...
:smilelol5: love it! I probably wouldn't get caught carrying either. Though I did have a somewhat embarrassing situation today..... I'll post it later in the Never Again section.
by RottenApple
Fri Mar 29, 2013 5:31 pm
Forum: General Texas CHL Discussion
Topic: Medical Office Building
Replies: 31
Views: 8459

Re: Medical Office Building

RPB wrote:
JP171 wrote:
RPB wrote:1) It's about the owner.. or someone acting on property owner's behalf
not your boss, a renter/lease etc

It's a "property owner rights/property rights thingy Notice the Statue says "owner" (or acting on owner's behalf/under the authority of owner) instead of, whoever may be leasing the property from an owner

2) Sign can be anywhere if it is clearly visible to Public/prominently displayed and otherwise fdulfills requirements of font size, contrast etc.

actually no it is about the renter, if you rent a space no matter the use as long it is not a daily short term rental it is considered as being under your control, look up the renters laws. so the OP could carry in the office, but have to comply with the building owner outside the offices rented. when a property owner has space for lease under long term contract they give up the rights of occupation to the space rented governed by the lease and agreed upon terms.
look up the renters laws.
I was a Real Estate Salesman in 1978 or so; Broker from 1978-ish to 1990s, have a degree IN Real Estate, was pretty close friends with (Now Deceased) Judge and other Lawyer co-authored (Chuck, a Bellaire Lawyer - I lived there then- taught my Criminal Law Course at U of H) [Charles J. Jacobus] http://www.law.uh.edu/faculty/adjunct/c ... s-2013.pdf" onclick="window.open(this.href);return false; who wrote the Real Estate Law Textbooks for all students, and worked in a law office for over 25 years, I assume you mean the Property Code's, Landlord and Tenant laws?

Disagree due to language of the Statute
Where in the Statute does it say "under your control?

So ... I could rent a space in a Mall and since it is "under my control" I'll use it as a compost plant to stack decaying garbage there to later sell as fertilizer, creating a Nuisance for others?
====================

30.06 of the Penal Code is pretty clear as to who can consent and who can prohibit. The Owner or somaone apparently acting under Owner's Authority.
It is for that reason that you can carry at the State Fair on Property OWNED by city of Dallas, but leased to some Fair peoples who would prefer to prohibit carry.
Except that the person doesn't need to be a CHL to carry there (assuming permission is granted and the person, in this case the OP, is in control of the premises.
PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is
not: (1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or (2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
71.01.(C) a member of a criminal street gang, as defined by Section
(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a m otor vehicle primarily designed as temporary living quarters or a v ehicle that contains temporary living quarters and i s designed to be t owed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
So it comes down to what authority they are carrying under. And as Charles has explained numerous times, this is a gray area of the law. If the OP is outside the office and not in their vehicle, then they are carrying under their CHL. If outside the office and inside their vehicle, they are carrying under MPA (though still have obligation to display CHL if ID is requested by a LEO). If they are inside the office AND have effective control of the premises, then they are carrying under 46.02. If they don't have control over the office, however, then it's obviously illegal to carry.

Good grief this can get convoluted! Frankly, while I think it would be legal, I probably would not carry in the OP's situation.
by RottenApple
Fri Mar 29, 2013 4:31 pm
Forum: General Texas CHL Discussion
Topic: Medical Office Building
Replies: 31
Views: 8459

Re: Medical Office Building

carrydave wrote:Hello, I work for a private Doctor who rents office space in a medical office building adjacent to a hospital (connected by a foot bridge).

On the employee foot bridge there is a properly posted 30.06 sign, however at the back entrance where the patients come in there is no such sign that i have seen (someone correct me and I'm going to investigate more tomorrow.

two things:

1 if its not posted AT ALL entrances i should be ok to carry

2. we rent office space,but are private. Is the landlord allowed to restrict carry in their building even to private tenants?

3. Would permission from my boss, as tenant and payee of rent in the office allow for carry, or do i have to have written permission from the building owner.

4. are 1-3 moot due to no signage at two main entrances?

Glad to be here.
dave
1) 30.06 signage does not have to be posted at all entrances.

2 & 3) As for leasing space in a 30.06 posted building, I think that may be a gray area. I'm fairly certain that you could carry in your office (assuming you had permission from the boss/owner), but you would have to get through common areas not under control of the manager/owner.

4) No. See #1 above.

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