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PC §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.......
.......
(c) In this section:
(1) “Premises” has the meaning assigned by Section 46.035

PC §46.035.
(f)
(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.

Russell wrote:RoyGBiv,

That's correct, however that restriction is intended for CHL holders under section 46.03, we are talking about a parking lot restriction via 30.06.

Parking lots are indeed set aside in 46.03/035, but can be perfectly valid in section 30.06.

Russell wrote:RoyGBiv,

That's correct, however that restriction is intended for CHL holders under section 46.03, we are talking about a parking lot restriction via 30.06.

Parking lots are indeed set aside in 46.03/035, but can be perfectly valid in section 30.06.

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN.
(a) A license holder commits an offense if the license holder:
....
(e) It is an exception to the application of this section that the property on which
the license holder carries a handgun is owned or leased by a governmental entity
and is not a premises or other place on which the license holder is prohibited
from carrying the handgun under Section 46.03 or 46.035.

Russell wrote:

Beiruty wrote:

Russell wrote:RoyGBiv,

That's correct, however that restriction is intended for CHL holders under section 46.03, we are talking about a parking lot restriction via 30.06.

Parking lots are indeed set aside in 46.03/035, but can be perfectly valid in section 30.06.

Private employers cannot place 30.06 on private parking lot. So, why the public schools can?

Employers cannot. Businesses can to restrict customers. We aren't talking about an employee/employer restriction, nor an employee -> school restriction.

Russell wrote:So the typical answer I've seen given throughout the years is "Schools are a governmental entity, they cannot post 30.06 signs". This typically included parking lots of a school (see viewtopic.php?t=45865).

However G.A. Heath laid down some education for me regarding a separate instance of an amusement park owned by a city being able to post legally enforceable 30.06 signs due to them being listed in 46.035 and the way that 30.06(e) is worded (http://texaschlforum.com/viewtopic.php? ... 4#p1009624).

Given that, it would seem to me that a school, owned by a governmental entity, could post legally enforceable 30.06 signs in their parking lots due to being listed in 46.03 and the way that 30.06(e) is worded, even with the definition of premises in 46.035.

Thoughts?

george wrote:And THAT is why I studied physics and not law.

You guys amaze me.

ScottDLS wrote:On final point: A publicly owned "Amusement Park" (if there is such a thing) can post an enforceable 30.06, because Amusement Parks as defined in 46.035 are off limits, all of the park, IF they are posted.

A school PARKING LOT is NOT off limits in 46.03 OR 46.035, therefore 30.06 is inapplicable.

Theoretically a government owned CHURCH may post 30.06 and enforce it, but besides the fact that there is no such thing, the parking lot is still not prohibited..

ScottDLS wrote:

george wrote:And THAT is why I studied physics and not law.

You guys amaze me.

Believe it or not I actually studied Physics too, though not beyond a Bachelor of Science degree... Quantum Mechanics and Spacial Calculus was what did me in.