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Yes it will.Mel wrote:Will SB 273 provide a way to get the 30.06 signs removed from places like Love Field and County tax offices?
The code looks to the owner of the property, so no government owned property can be posted. The Code also states that property leased by the government cannot be made off-limits by the use of TPC §30.06.Teamless wrote:what about posting places like GRB or Pasadena Conv Center during gun shows.
Essentially, does government (city/state/county) owned mean it cant be posted unless meets criteria like court house, etc, or does the lessee have the legal right to post and the there is no recourse?
So in layman's terms, if one of those I mentioned were to post 30.06 it is unenforceable and the facility can (will?) be penalized?Charles L. Cotton wrote:The Code also states that property leased by the government cannot be made off-limits by the use of TPC §30.06
What about private property leased to a governmental entity? Could they sell government property to a private entity, then lease it back on a 99-year lease, and ban carry then?Charles L. Cotton wrote:The code looks to the owner of the property, so no government owned property can be posted. The Code also states that property leased by the government cannot be made off-limits by the use of TPC §30.06.Teamless wrote:what about posting places like GRB or Pasadena Conv Center during gun shows.
Essentially, does government (city/state/county) owned mean it cant be posted unless meets criteria like court house, etc, or does the lessee have the legal right to post and the there is no recourse?
Chas.
You didn't read what Charles wrote. "Property leased by the government cannot be made off-limits by the use of TPC §30.06."CleverNickname wrote:What about private property leased to a governmental entity? Could they sell government property to a private entity, then lease it back on a 99-year lease, and ban carry then?Charles L. Cotton wrote:The code looks to the owner of the property, so no government owned property can be posted. The Code also states that property leased by the government cannot be made off-limits by the use of TPC §30.06.Teamless wrote:what about posting places like GRB or Pasadena Conv Center during gun shows.
Essentially, does government (city/state/county) owned mean it cant be posted unless meets criteria like court house, etc, or does the lessee have the legal right to post and the there is no recourse?
Chas.
Tex. Penal Code §30.06 wrote:Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
- (1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that:
- (A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.
(c) In this section:
(d) An offense under this section is a Class A misdemeanor.
- (1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
- (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or
(B) a sign posted on the property that:
- (i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(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.