TexasCHLforum.com

i know hospitals are off limits
but what about a clinic or 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.

§ 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.

If you receive notice per 30.06 then you're not allowed to carry there.

Conversely, if you do not receive notice per 30.06, you are allowed to carry there.

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

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

Really? I'm not so sure about this one. UT-Southwestern is associated/affiliated with Parkland Hospital, which is a County Hospital. As a government owned facility, I'm not positive about ownership, are they even able to legally post a 30.06?

Another thread discussed this a while back with no clear definitive answer.

http://texasshooting.com/TexasCHL_Forum ... nd#p270480" onclick="window.open(this.href);return false;

I carried inside my chiropractor's office yesterday, for my first ever visit to this guy. When he asked me to take my shirt off, I had to tell him I was carrying a firearm. His reaction? "Cool!" A few minutes later, he made some joke along the lines of hoping that I wouldn't shoot him if he hurt me to my wife, who was in there with me, and she joked back that she might shoot him if he hurt me. He looked at her purse and asked if she had a gun in there too, to which she said yes. His reaction? "REALLY cool!"

I'll go back.

The Annoyed Man wrote:I carried inside my chiropractor's office yesterday, for my first ever visit to this guy. When he asked me to take my shirt off, I had to tell him I was carrying a firearm. His reaction? "Cool!" A few minutes later, he made some joke along the lines of hoping that I wouldn't shoot him if he hurt me to my wife, who was in there with me, and she joked back that she might shoot him if he hurt me. He looked at her purse and asked if she had a gun in there too, to which she said yes. His reaction? "REALLY cool!"

I'll go back.

Sounds like you found a pretty cool Dr. I've been bird hunting with my chiropractor in years past.

And hopefully sooner than later, my wife's CHL will be here.

mikeintexas wrote:

The Annoyed Man wrote:I carried inside my chiropractor's office yesterday, for my first ever visit to this guy. When he asked me to take my shirt off, I had to tell him I was carrying a firearm. His reaction? "Cool!" A few minutes later, he made some joke along the lines of hoping that I wouldn't shoot him if he hurt me to my wife, who was in there with me, and she joked back that she might shoot him if he hurt me. He looked at her purse and asked if she had a gun in there too, to which she said yes. His reaction? "REALLY cool!"

I'll go back.

Sounds like you found a pretty cool Dr. I've been bird hunting with my chiropractor in years past.

And hopefully sooner than later, my wife's CHL will be here.

Yeah, my guy told me yesterday that he's a hunter too, although he didn't mention what kind of game. He said he mostly bow-hunts these days.

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?

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?

I think he's saying that he believes that it falls under 46.03(a)(1)

§ 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;

Now.. just follow me on this... This applies to "on the physical premises of a school or educational 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

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).

I agree dicion, it doesn't fall under 46.03(a)(1), but it does fall under PC 46.035(b)(4):
"Sec. 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:
(1)1......
(2)...
(3)...
(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;......

BUT:
"(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."

If you don't see a valid 03.06 sign, then you can carry. But if they ask you to leave(if they find out or know) then you must as they gave proper notification.

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

Doh! Sorry dicion, I spoke too soon, and went off half cocked, while barking up the wrong tree.

I totally forgot that you did. My bad. Sorrryyyyyyyy!