TexasCHLforum.com

Beiruty wrote:Church , Mosques, etc, and hospitals are NOT off-limits unless they are posted 30.06. Zealous PD can arrest you, but the law says those places are not-off limit unless posted (as per law) with a valid 30.06 sign.

§ 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) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(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;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship.
(c) 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, at any meeting of a
governmental entity.
(d) A license holder commits an offense if, while
intoxicated, the license holder carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless
of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer
under Chapter 1702, Occupations Code, and employed as a security
officer commits an offense if, while in the course and scope of the
security officer's employment, the security officer violates a
provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or
outdoor facility or park where amusement rides are available for
use by the public that is located in a county with a population of
more than one million, encompasses at least 75 acres in surface
area, is enclosed with access only through controlled entries, is
open for operation more than 120 days in each calendar year, and has
security guards on the premises at all times. The term does not
include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
(2) "License holder" means a person licensed to carry
a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e)
is a Class A misdemeanor, unless the offense is committed under
Subsection (b)(1) or (b)(3), in which event the offense is a felony
of the third degree.
(h) It is a defense to prosecution under Subsection (a) that
the actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have been
justified in the use of deadly force under Chapter 9.
(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.
(j) Subsections (a) and (b)(1) do not apply to a historical
reenactment performed in compliance with the rules of the Texas
Alcoholic Beverage Commission.

As for government offices posting 30.06 signs, there's nothing in the law that says they can't post them, just that it's not enforceable. Of course, if the metal detector goes off and security finds you with a firearm, you may then be told you can't carry there. That would be effective notice under 30.06.

Scott Farkus wrote:RottenApple - THANK YOU!!! That's what I was missing. I will sleep better tonight.

As far as the government offices, I thought they weren't allowed to prohibit CHL holders at all (other than the specified exceptions), not just with a 30.06 sign. You're saying they can give oral notice and it's valid? That doesn't make sense.

Notwithstanding that, is my understanding of "government meeting" correct? As I read the statute, you just can't carry into the meeting itself, not the entire building, right?

Now the state has the power to punish local government officials who continue enforcing their own firearm laws. That means if a city commissioner, city manager or even a police chief upholds a gun restriction law that differs from the state’s, they can be fined personally up to $5,000 and be fired or removed from office.

Further, a person charged with breaking a local gun law — not a state law — can take the municipality to court and be awarded damages up to $100,000.

That left many officials smoking angry.

“It looks like we might have to pack and load,” said Dania Beach Commissioner Bobbie Grace.

Since June, local governments have been scrambling during their commission meetings to repeal their own gun laws.

RottenApple wrote:As for government offices posting 30.06 signs, there's nothing in the law that says they can't post them, just that it's not enforceable. Of course, if the metal detector goes off and security finds you with a firearm, you may then be told you can't carry there. That would be effective notice under 30.06.

Hoosier Daddy wrote:

RottenApple wrote:As for government offices posting 30.06 signs, there's nothing in the law that says they can't post them, just that it's not enforceable. Of course, if the metal detector goes off and security finds you with a firearm, you may then be told you can't carry there. That would be effective notice under 30.06.

It's notice in the same way a 30.06 sign is notice. No more, no less.

They don't have to allow you in, but it looks like you wouldn't be violating the 30.06 rule if you sneak it in.

Hoosier Daddy wrote:

RottenApple wrote:As for government offices posting 30.06 signs, there's nothing in the law that says they can't post them, just that it's not enforceable. Of course, if the metal detector goes off and security finds you with a firearm, you may then be told you can't carry there. That would be effective notice under 30.06.

It's notice in the same way a 30.06 sign is notice. No more, no less.

They don't have to allow you in, but it looks like you wouldn't be violating the 30.06 rule if you sneak it in.

Scott Farkus wrote:

Hoosier Daddy wrote:

RottenApple wrote:As for government offices posting 30.06 signs, there's nothing in the law that says they can't post them, just that it's not enforceable. Of course, if the metal detector goes off and security finds you with a firearm, you may then be told you can't carry there. That would be effective notice under 30.06.

It's notice in the same way a 30.06 sign is notice. No more, no less.

They don't have to allow you in, but it looks like you wouldn't be violating the 30.06 rule if you sneak it in.

This does not sound right to me. The statute seems pretty clear that 30.06 is not applicable to government entities that don't fall under one of the specified exceptions. We talk a lot about the 30.06 sign, but all "notice" is covered under 30.06 and government entities are explicitly exempted from it. How can they not allow me in?