FAQ: Handguns in Texas Libraries

[oljames3]

I found this FAQ posted by the Texas State Library and Archives Commission to be interesting:
https://www.tsl.texas.gov/ld/pubs/ocpublic.html

[BobCat]

Thank you for that! Very interesting, and good news - I like to read.

[jamminbutter]

"during school-sponsored activities on library grounds"

Wouldn't it only be off limits for any LTC holder that is part of the school activity and not the general public?

[bigity]

I was wondering about that myself. It would be like saying the pizza joint is off limits when the band/team pulls in to eat.

[Javier730]

I was wondering about that myself. It would be like saying the pizza joint is off limits when the band/team pulls in to eat.

As long as you are not part of or somehow involved with the school event your okay.

[treadlightly]

I think the most powerful FAQ about banning any form of carry is to point out 30.06 and 30.07 affect very few people - just license holders. Everyone else with their anger issues, felony rap sheets, and varying degrees of criminal halitosis are already banned.

That's nice to see the libraries respecting the right.

In fact, it's a little like a good librarian's stand on censorship. The librarian doesn't need to agree with what's in the book to defend whether the book merits shelf space. The issue of licensed carry rights is completely different from any debate on whether an armed citizen is a good thing or not.

One question is about respect of the law, the other about the extent of civil rights.

[ELB]

Interesting, thanks for posting.

Aside from the "school activity" bit, they also seemed to err somewhat by conflating the restriction on OC (i.e. belt or shoulder holster) with licensed carry generally, but small potatoes.

[jamminbutter]

Some MDA folks are going to go bonkers when an LTCer walks into the children's section with their kiddos.

[jbcummings]

Yet....

Note that the information above represents only the Texas State Library and Archives Commission’s interpretation of Texas handgun-carry laws and of the 84th Legislature’s changes to the laws. You should always consult with your own legal counsel for assistance in interpreting Texas law.

I don't read that as all libraries in Texas subscribe to this interpretation, just the Texas State Library. That could very well mean that your local public library may have a different interpretation and post 30.06 or 30.07 signs. It will be interesting to see if there are any court interpretations that come out of this.

[Rex B]

Does the person licensed to carry the handgun need to have it secured in any way?

Yes. The weapon, whether loaded or unloaded, must be kept in a shoulder or belt holster (Texas Penal Code §46.02).

This only applies to open carry.

[joe817]

Yet....

Note that the information above represents only the Texas State Library and Archives Commission’s interpretation of Texas handgun-carry laws and of the 84th Legislature’s changes to the laws. You should always consult with your own legal counsel for assistance in interpreting Texas law.

I don't read that as all libraries in Texas subscribe to this interpretation, just the Texas State Library. That could very well mean that your local public library may have a different interpretation and post 30.06 or 30.07 signs. It will be interesting to see if there are any court interpretations that come out of this.

You are correct jbcummings. ALL libraries in Texas will not subscribe to this interpretation....only the one's owned by the State, the county, or the city government( meaning all public libraries). All privately owned libraries will legally be able to post 30.06 or 30.07 signs, as they are on private property.

SB273 prohibits governmental entities and agencies from posting unenforceable 30.06 signs, or otherwise giving notice under §30.06, and goes into effect Sept. 1, 2015.

Also: Sec. 411.209. WRONGFUL EXCLUSION OF CONCEALED HANDGUN LICENSE HOLDER. (a) Prohibits a state agency or a political subdivision of the state from providing notice by a communication described by Section 30.06 (Trespass by Holder of License to Carry Concealed Handgun), Penal Code, or by any sign expressly referring to that law or to a concealed handgun license, that a license holder carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 (Places Weapons Prohibited) or 46.035 (Unlawful Carrying of Handgun by License Holder), Penal Code.

[Waco1959]

There will be libraries that legally cannot exclude concealed/open carriers that will try because librarians as a group tend to be liberal leaning. I work in a library and have been to several TxSLA conventions so I speak from experience. A former director at our library looked for several years to exclude CHLs but couldn't find a way and considered putting up 30.06 signs anyway. I think he stopped when I pointed out that if he did it would hit several places on the internet, the City Council, the Library Commission and anywhere else I could find to complain about it. The current director is not opposed to CHLs and I don't think any discussion of OC has come up yet.

[Countryside]

Hmph! I thought it was gonna say we could now check guns out at libraries.

[threoh8]

Hmph! I thought it was gonna say we could now check guns out at libraries.

They already have magazines ...

[Countryside]

Hmph! I thought it was gonna say we could now check guns out at libraries.

They already have magazines ...