Carry + Jail

[tommyg]

https://www.leandertx.gov/police/page/t ... carry-faqs

I read this article it says that no carry within 1000 feet of a jail.
I thought that it was only when an execution was taking place Please clarify this.
Is the article wrong

[locke_n_load]

Texas Penal Code:

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(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 or carried in a shoulder or belt holster, on or about the license holder's person:
(3) on the premises of a correctional facility;


Sec. 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):
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.

(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.

[mojo84]

Looking up the definition of correctional facility will also provide some clarity.

[thatguyoverthere]

They also missed the mark on their 51% statement. Leander PD page says: "in an establishment licensed to sell liquor when that business derives 51 percent or more of its income from liquor sales." Taken at face value, that would say you could not carry into a liquor store.

The reg actually says: "...if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption..."

Looks like Leander PD needs to study the law a little more.

[twomillenium]

You beat me to it.

I skimmed through the article it was a good one but there were two mistakes that I caught almost immediately. First, you are right the law states 1000 feet from the premises on the day that the death penalty is carried out. There is not any law, that I know of the states within 1000 ft. of any jail.
Second, the law states that a license holder may not carry past a 51% sign. The 51% sign does not mean that the place of business derives 51% of sales from the sale of alcohol, it means that it derives 51% from the sale of alcohol CONSUMED in the business.

Other than that, I did not see anything else that I thought was wrong, but I may have missed more.

[Soccerdad1995]

Giving them the benefit of the doubt, maybe they execute someone every single day at their jail.

But I kinda doubt it.

[WildBill]

Looking up the definition of correctional facility will also provide some clarity.

There is a big difference between a correctional facility [prison] and a jail.

[Jketchum]

interesting, Leander is pretty pro 2a, the Mayor even owns a gun shop here called Upland Outfitters. I would post the link but I don't know how! Below is copied and pasted from the Austin American Statesman

Leander mayor opens ‘mom and pop’ gun shop

After years in a traditional office, Leander Mayor Chris Fielder now comes to work at a store outfitted in wood and camouflage with 11 animals displayed across the walls.
Fielder left his life as a corporate finance partner behind in October 2012 and decided to follow his passion by opening Upland Outfitters, a gun and hunting gear store off Old 2243 West in Leander.

[E.Marquez]

It also states

Do public schools have to post “no carry” signs or is it just understood they are a “no carry” zone?

No signage is required. A law already exists that prohibits weapons on school premises (Texas Penal Code, Places Weapons Prohibited).

I would guess most readers of that page will not understand and now the definition of thew word "premises " now how it applies to carry at a school.. Meaning they inadvertently or intentionally tried to led one to think you cant step off a public sidewalk or road on to school property

But later they go on to say

Would a person have to conceal a weapon if they are dropping off a child at Leander ISD? Not actually entering the premise, such as in the vehicle drop off line.

Weapons to include open or concealed handguns are prohibited on the school grounds where a school activity is being conducted. This will generally not include public driveways, sidewalks and parking lots that are adjacent to school property.

[E.Marquez]

Sent appreciative and perhaps over the top flattering email to the Leader Chief.

Chief
I would like to commend your department for putting together a responsible and reasonable FAQ to guide both those who carry a weapon legally, and those that may have an interaction with a licensed carrier.

If I may, two points for your consideration.
The faq in part states
Where can people NOT open carry?
• within 1,000 feet of jails or prison premises

The applicable law actually states
Sec. 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):
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
(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.

The significant difference being, your FAQ left out the critical part of this rule only applying on the date of planned execution.

AND

Where can people NOT open carry?
• in an establishment licensed to sell liquor when that business derives 51 percent or more of its income from liquor sales

The applicable law actually states
(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; -

The significant difference being, your FAQ left out the critical part of " on-premises consumption"
Your FAQ statement might lead those unaware of the actual code verbiage to think they would not legally be able to enter a liquor store or other location that sells alcohol for of other then on site consumption.....based on HOW your FAQ is worded.

Clearly your staff at your leadership would have never invested the time and resources to create this FAQ had you not wanted to present only unbiased and accurate information. As such I thought you might want to be made aware of these omissions or errors so you could direct the FAQ be reviewed for accuracy and updated as appropriate.
Thank you in advance for your consideration.

Respectfully;

Erik

Erik Marquez
Marquez Racing
254-433-8783
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MarquezRacing@centurylink.net

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Erik@totalrider.com
512-522-5844 ext.106

[Liberty]

The FAQ also stated that if people wanted to prevent people from open carrying at their establishments thatthey should post 30.06 and 30.07 signs. The 30.07 alone sign will do the job.

[E.Marquez]

The Chief responded..in less then 3 hours..

Thanks Erik, I will have our staff look into it. I appreciate the heads up, we want our info to accurate.

Greg Minton
Chief of Police
Leander Police Department
512-528-2800

[bubba84]

I hit em up on facebook, response was quick and as positive as others have reported.