Private Property Posted Parking

[AggieLCP]

Please help me clarify this. A private business, say a hotel for example, can legally post a parking garage or parking lot with a proper 30.06 sign, and this would be off limits to a CHL holder to enter and park there, even if the gun is left in the vehicle?

The definition of "premises" as a building is ONLY in regards to places listed in PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. ???

"(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."

"(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."

[Redneck_Buddha]

They CANNOT 30.06 a parking lot or garage. This true even of schools.

[3dfxMM]

They CANNOT 30.06 a parking lot or garage. This true even of schools.

I do not believe that is true. It doesn't mean that you can't drive in and park, but it does mean that you can't carry the gun with you when you get out of the car. Also, this includes private schools. Public schools can't post the parking lot because it is government owned.

[Abraham]

I don't claim there aren't any, but I've never seen a 30.06 sign posted at the entrance of any garage I've been in.

[Redneck_Buddha]

They CANNOT 30.06 a parking lot or garage. This true even of schools.

I do not believe that is true. It doesn't mean that you can't drive in and park, but it does mean that you can't carry the gun with you when you get out of the car. Also, this includes private schools. Public schools can't post the parking lot because it is government owned.

What I meant is that they can't prevent you from locking it in you car or trunk.

[AggieLCP]

But wouldnt you be trespassing? Lets keep a school out of the conversation because a school is listed in 46.035 where they DO define premesis. Lets stick with private property like a hotel parking lot that isnt specifically mentioned in 46.035.

premesis gets defined in PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN doesnt use the word premesis, it says property. A parking lot or garage is property.

[Abraham]

O.K.

Anyone here seen a 30.06 posted garage?

If so, where/name of business?

[K.Mooneyham]

But wouldnt you be trespassing? Lets keep a school out of the conversation because a school is listed in 46.035 where they DO define premesis. Lets stick with private property like a hotel parking lot that isnt specifically mentioned in 46.035.

premesis gets defined in PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN doesnt use the word premesis, it says property. A parking lot or garage is property.

For clarification: are you asking if you can put up a sign to keep people from keeping their firearms in their vehicle, or have you seen such a sign and want to know if it is proper under the law?

[AggieLCP]

For clarification: are you asking if you can put up a sign to keep people from keeping their firearms in their vehicle, or have you seen such a sign and want to know if it is proper under the law?

I have never personally seen a garage or parking lot posted, but have seen one discussed in a previous thread. I am concerned about this hypothetical situation..... you travel across the state and have accomodations pre-paid, you arrive at your hotel to find the parking garage or lot posted. What do you do? and staying somewhere else is not an option.

[Keith B]

A 30.06 sign on private property IS valid as section 30.06 refers to PROPERTY and not premises

§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license
holder:
(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.
(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.
(c) In this section:
(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.
(d) An offense under this section is a Class A misdemeanor.
(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.

Added by Acts 1997, 75th Leg., ch. 1261, § 23, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.24, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, § 2, eff. Sept. 1,
2003.

Now, it is believed that you may be able to carry in your vehicle under MPA as long as you don't remove the gun from the vehicle as 30.06 doesn't apply. Also, the Parking Lot Exemption allows you to keep a handgun in your car on your employers parking lot, even if it is posted 30.06.

[SwimFan85]

Trespassing law is not restricted to buildings. A private property owner can give notice that no trespassing is allowed on their forest land, in their corporate executive parking lot, or their land around their chemical plant. Valid 30.06 notice is required to prohibit someone with a CHL from carrying a handgun if that's the reason for trespassing. No specialized notice is required to prohibit rifles, video cameras, or handguns carried under MPA. A simple sign is valid notice.

The parking lot law only protects some employees. It does not protect customers of a business, visitors, delivery people, or vendors, if they park in a free lot provided by a business. It does not protect customers who pay to park in a lot or garage downtown.

I won't connect the dots so I don't provide the checklist for an anti gun company or organization.

[K.Mooneyham]

If a company that does business with the public in a manner such as retail sales posts its parking lot 30.06, I will not do business with that company. There is very little that cannot be ordered off of the internet these days. Buying products at a physical, brick-and-mortar location is a convenience to me. If they want to play silly little feel-good games, then that is, pardon the pun, their business. Those signs still won't stop criminals from bringing a firearm onto that property.

[SwimFan85]

If a company that does business with the public in a manner such as retail sales posts its parking lot 30.06, I will not do business with that company. There is very little that cannot be ordered off of the internet these days. Buying products at a physical, brick-and-mortar location is a convenience to me. If they want to play silly little feel-good games, then that is, pardon the pun, their business. Those signs still won't stop criminals from bringing a firearm onto that property.

They're twice as effective as the laws prohibiting handguns in schools and bars.

0 x 2 = 0

[ScottDLS]

Trespassing law is not restricted to buildings. A private property owner can give notice that no trespassing is allowed on their forest land, in their corporate executive parking lot, or their land around their chemical plant. Valid 30.06 notice is required to prohibit someone with a CHL from carrying a handgun if that's the reason for trespassing. No specialized notice is required to prohibit rifles, video cameras, or handguns carried under MPA. A simple sign is valid notice.

The parking lot law only protects some employees. It does not protect customers of a business, visitors, delivery people, or vendors, if they park in a free lot provided by a business. It does not protect customers who pay to park in a lot or garage downtown.

I won't connect the dots so I don't provide the checklist for an anti gun company or organization.

Since 30.06 only applies to someone carrying under authority of a CHL, a posted parking lot would only prevent you from exiting the car with your gun. In the car, the MPA allows you carry. If you are afraid that you ARE carrying under the authority of your CHL when driving on the lot, then throw CHL in the trunk. You can't carry under it's authority if it's not on your person.

[baldeagle]

Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

(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.

(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.

(c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b).

(b) For purposes of this section:

(1) "Entry" means the intrusion of the entire body.

Your entire body doesn't intrude on the property owner's property until you exit your vehicle. Therefore the property owner cannot prohibit you from carrying in your car onto his property and then locking the weapon in the car before exiting the vehicle.