Cities improperly posting 30.06 signs?

[srothstein]

The law is clear that government owned hospitals can be legally posted 30.06. One of the less well known facts is that you can be charged with two separate crimes if you disobey the 30.06 sign.

When you read the section of 30.06 that makes government property unenforceable, it has an exception for places that are listed in 46.03 or 46.035. Hospitals are listed in 46.035, so they can be posted. It is the only way to make any sense out of the requirement that the hospital be posted to be banned under 46.035.

And that means that if you ignore the sign, you are violating both 30.06 and 46.035 at the same time, and can be charged with both violations.

[blackdog8200]

UPDATE 2/28/2013

WHO SAYS YOU CAN"T BEAT CITY HALL?

I Recieved a call from Mark McAvoy the Executive Director for the Houston Permitting Center,

He informed me that the sign on the door will be removed in the next few days! They are reviewing their policy and Executive order to comply with State Law. He did say they were not going to advertise the change but that I should expect to see it soon.

Molon Labe

Very nice work Blackdog8200. However, wouldn't it be something that you will NOT see soon?

With any luck we will NOT SEE it lol!

I expect to see some sign that says CHL holders must check in at the security desk....this would be in compliance with the Ex Ord that Herr Mayorfuher signed.

[rickbowers]

Can somebody cite me the state statute number reference for the improper posting on 30.06 on City properties. I'm trying to determine if the 30.06 posting on Hilton Americas is improper. I believe that they were allowed to build on public property, and now the restrict CHL access!

[seamusTX]

Hi. I think the statute that you are looking for is Texas Penal Code 30.06:

(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.

This statute has been quoted in its entirety many times; but it can be helpful to pinpoint specific clauses.

As others have said, it is not a violation of a law for a city or other entity to post a 30.06 sign on city-owned property. Someone accused of carrying in that place—who has not committed another offence—cannot legally be prosecuted. Of course, this gets back to the cliché "concealed means concealed."

- Jim

[Keith B]

Can somebody cite me the state statute number reference for the improper posting on 30.06 on City properties. I'm trying to determine if the 30.06 posting on Hilton Americas is improper. I believe that they were allowed to build on public property, and now the restrict CHL access!

Even if a business is given property to build on by the city or county, unless the building itself is owned by the governement then they can post a 30.06.

[Kaibear19]

srothstein. I agree with you about government owned hospitals. There are some nice bills in the State Senate this session which can clear alot of these isseus with CHL up. Why Law abiding citizens who have taken it upon themselves to get a CHL would not be allowed to carry in most businesses is beyond me. But just like the freedom of speech, I don't preach to others as long as they don't preach to me.. But there is an interesting article written by 2 lawyers from the [Pre-paid legal service], LLC about hospitals, churches, etc.. Its a good read.. Here is the link. http://archive.constantcontact.com/fs19 ... 74376.html.." onclick="window.open(this.href);return false;.

Some lawyers have said that if a 30.06 sign is posted and the wording is correct in english and spanish, but the text height is not 1" tall then turn around, because it is the intent of the place of business. And any valid CHL holder is intending on following the law, no matter how Gray it seems. Now other lawyers view it the other way; the letter is not 1" so its not valid or its only in English so its not valid. This is a debate and y'all can go ahead and find out in court for me if you get caught "Conceal Carry" in a sign that is not totally compliant. I don't have the disposable cash for that and would rather spend it on more guns and ammo.

[JP171]

Can somebody cite me the state statute number reference for the improper posting on 30.06 on City properties. I'm trying to determine if the 30.06 posting on Hilton Americas is improper. I believe that they were allowed to build on public property, and now the restrict CHL access!

The Hilton building is a government owned building, owned by Houston Convention Center Inc, that used to be the Convention and Entertainment division if the City of Houston, the city has created a government organization (several actually) that do the management of the property, the Hilton Corp has a long tern contract to run the hotel, so yes you may carry there and cannot be charged nor prosecuted, however as everyone says concealed is Concealed



Tax Year: 2013 2012 2011 2010 2009 2008 2007 2006

HARRIS COUNTY APPRAISAL DISTRICT
REAL PROPERTY ACCOUNT INFORMATION
1240990010001 PrintPrint EmailE-mail


Ownership History


Owner and Property Information


Owner Name &
Mailing Address:
HOUSTON CONVENTION CENTER
HOTEL CORP
901 BAGBY ST FL 1 This is the City Of Houston Address
HOUSTON TX 77002-2526



Legal Description:
RES A BLK 1
(POSSESSORY INTERESTS*
1240990010002 & 0003)
HOUSTON CONVENTION CNTR HOTEL


Property Address:
1600 LAMAR ST # 1200
HOUSTON TX 77002



State Class Code Land Use Code Building Class Total Units
XV -- Other Exempt (Government) 4610 -- Recreational/Health E 1200
Land Area Building Area Net Rentable Area Neighborhood Market Area Map Facet Key Map®
105,895 SF 1,220,000 0 5900 2301 -- Central Business District 5457C 493Q

[blackdog8200]

UPDATE 2/28/2013

WHO SAYS YOU CAN"T BEAT CITY HALL?

I Recieved a call from Mark McAvoy the Executive Director for the Houston Permitting Center,

He informed me that the sign on the door will be removed in the next few days! They are reviewing their policy and Executive order to comply with State Law. He did say they were not going to advertise the change but that I should expect to see it soon.

Molon Labe

Very nice work Blackdog8200. However, wouldn't it be something that you will NOT see soon?

Since you asked


coh permits office

[poppo]

Not sure if this section is just for government type of buildings, but today while waiting for the Security Services FCU in Castroville to open, I happened to notice they had a 30.06 sign. Now I don't know how long it's been there because even though it has the proper wording, it (a) is the wrong size (the letters are barely 1/2" tall), and (b) it is not posted where I would consider it visible to the public unless you are 1 foot tall. I would have never even seen it had I not just been milling around waiting for them to open. Also, I'm not sure if the "gunbuster" logo would also make it invalid even if it was the proper size. I did not say anything to them as I do not want them to post a proper one.

[Keith B]

Not sure if this section is just for government type of buildings, but today while waiting for the Security Services FCU in Castroville to open, I happened to notice they had a 30.06 sign. Now I don't know how long it's been there because even though it has the proper wording, it (a) is the wrong size (the letters are barely 1/2" tall), and (b) it is not posted where I would consider it visible to the public unless you are 1 foot tall. I would have never even seen it had I not just been milling around waiting for them to open. Also, I'm not sure if the "gunbuster" logo would also make it invalid even if it was the proper size. I did not say anything to them as I do not want them to post a proper one.

The gunbuster logo would not make it invalid even if it were the right size and wording.

[nightmare69]

I work for a large public school and within the last year they have posted valid 30.06 signs at every campus and district owned building. Why I do not know.

[puma guy]

I work for a large public school and within the last year they have posted valid 30.06 signs at every campus and district owned building. Why I do not know.

Same thing in my fair city.

[nightmare69]

Anyone with a CHL knows schools are off limits so why did they post the signs? No one here has been able to tell me other than our SRO and he said "makes it easier to prosecute someone who carries a CW".

[RHenriksen]

Congratulations!!! I was the one who posted pictures of the sign on the texas3006.com site a couple of years ago. Got a notification from that site about your new comment. Came here to post up the good news, but see you are way ahead of me :-)

UPDATE 2/28/2013

WHO SAYS YOU CAN"T BEAT CITY HALL?

I Recieved a call from Mark McAvoy the Executive Director for the Houston Permitting Center,

He informed me that the sign on the door will be removed in the next few days! They are reviewing their policy and Executive order to comply with State Law. He did say they were not going to advertise the change but that I should expect to see it soon.

Molon Labe

Very nice work Blackdog8200. However, wouldn't it be something that you will NOT see soon?

Since you asked

[ Image ]
coh permits office

[blackdog8200]

I have to go to the Hobby Center this Friday for a play.... I guess I need to go after them next