City Buildings and 30.06

[Dirthawking]

Warning...I am sure I am about to beat a dead horse once again. That being said...

I went to drop off a water bill today at the local "City Hall" building. This was in the town of Lakeside TX (North of Fort Worth).

Now I have heard people say that Government buildings can not be posted 30.06. I am looking for the where and why? This sign does appear valid in every sense of the word.

Here is where I do not understand. Maybe I am wrong, but here is how I have always followed the understanding.

Feds make something law.
State has to follow, but can be more strick, but not less than Federal law.
City has to follow law, but can be even more strick than State and Federal law.

So in a nutshell round about way of asking. Why can't individual cities post their buildings as 30.06 and where does it say that?
Serious question. Trying to learn here.

[Dirthawking]

Now I know about this:

§46.035, Texas Penal Code prohibits carrying of handguns and other weapons in certain places. These include but are not limited to:

On the premises of a business that derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption
On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place
On the premises of a correctional facility
On the premises of a hospital or nursing home (unless licensee has written authorization)
In an amusement park
On the premises of a church, synagogue, or other place of worship
At any meeting of a governmental entity

So I can only assume they posted the sigh because of the meetings advertised on the door. But shouldn't that only count when the meeting is actually going on?

[Keith B]

Now I know about this:


So I can only assume they posted the sigh because of the meetings advertised on the door. But shouldn't that only count when the meeting is actually going on?

That is correct. They can post a meeting of a government entity, but not other times. However, is there possibly a municipal court in there also? If so, then it and the offices of the court would be off-limits.

[Dirthawking]

That is correct. They can post a meeting of a government entity, but not other times.

Again, trying to learn something here. Says who? Where is this in print?

However, is there possibly a municipal court in there also? If so, then it and the offices of the court would be off-limits.

This is a very small building. It might have only three rooms to it. I have never seen a police car out front. Most go here to drop off bill payments (water) that they forgot to mail. I think this is where residents also go for permits, but I might be mistaken.

[Keith B]

That is correct. They can post a meeting of a government entity, but not other times.

Again, trying to learn something here. Says who? Where is this in print?

However, is there possibly a municipal court in there also? If so, then it and the offices of the court would be off-limits.

This is a very small building. It might have only three rooms to it. I have never seen a police car out front. Most go here to drop off bill payments (water) that they forgot to mail. I think this is where residents also go for permits, but I might be mistaken.

Read TPC 30.06. Google and the search on here is your friend.

§ 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.

[Dirthawking]

Thank you for that, but, it still does not answer the question of can the city be MORE restrictive than the state laws?

[Dirthawking]

Now I know about this:


So I can only assume they posted the sigh because of the meetings advertised on the door. But shouldn't that only count when the meeting is actually going on?

That is correct. They can post a meeting of a government entity, but not other times. However, is there possibly a municipal court in there also? If so, then it and the offices of the court would be off-limits.

I also did some more digging on the city of Lakeside web site, it appears they do in fact hold municipal court in this building once a month.

So that answers that question.

Still curious what is to stop a city from just being plain more restrictive than the state with their conceal carry laws.

[Wes]

The way i understand is since a State law says we can carry, a city law can't contradict it. If the law simply did not mention it at all, then a city could have their own law preventing it.

[Dirthawking]

My understanding is that a city law can always be more restrictive than state law, just not less restrictive. Hence why we have dry counties, speed limit changes, pet restrictions, etc.... Nothing I can find says that they local cities can not be more restrictive.

[Keith B]

Still curious what is to stop a city from just being plain more restrictive than the state with their conceal carry laws.

It's called preemption. See this link where it states a municipality cannot adopt a law preempting the state law http://www.statutes.legis.state.tx.us/D ... LG.229.htm" onclick="window.open(this.href);return false;

[Texas Sheepdog]

Now I have heard people say that Government buildings can not be posted 30.06. I am looking for the where and why?

It's legal for government buildings to post a 30.06 sign. There was a bill to limit that but Senator Carona got it derailed.

[Dirthawking]

Still curious what is to stop a city from just being plain more restrictive than the state with their conceal carry laws.

It's called preemption. See this link where it states a municipality cannot adopt a law preempting the state law http://www.statutes.legis.state.tx.us/D ... LG.229.htm" onclick="window.open(this.href);return false;

BINGO!! Thank you!! That was exactly what I was looking for!

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIESSUBTITLE A. MUNICIPAL REGULATORY AUTHORITYCHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIESSUBCHAPTER A. REGULATION OF FIREARMS AND EXPLOSIVESSec. 229.001. FIREARMS; EXPLOSIVES. (a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:(1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies; or(2) the discharge of a firearm at a sport shooting range.(b) Subsection (a) does not affect the authority a municipality has under another law to:(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;(2) regulate the discharge of firearms within the limits of the municipality, other than at a sport shooting range;(3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;(4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;(5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation;(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:(A) public park;(B) public meeting of a municipality, county, or other governmental body;(C) political rally, parade, or official political meeting; or(D) nonfirearms-related school, college, or professional athletic event; or(7) regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption.(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.(e) In this section, "sport shooting range" has the meaning assigned by Section 250.001.

[Dirthawking]

By the way, that link NEEDS to be stickied so as to not get buried!

[RottenApple]

Now I have heard people say that Government buildings can not be posted 30.06. I am looking for the where and why?

It's legal for government buildings to post a 30.06 sign. There was a bill to limit that but Senator Carona got it derailed.

Just because its legal, doesn't make it valid. It's perfectly legal for a city-owned library (with no court offices r other disqualifying factors) to post a 30.06 sign. It's also just as legal for a CHL holder to ignore it and carry away.

[jimlongley]

Still curious what is to stop a city from just being plain more restrictive than the state with their conceal carry laws.

It's called preemption. See this link where it states a municipality cannot adopt a law preempting the state law http://www.statutes.legis.state.tx.us/D ... LG.229.htm" onclick="window.open(this.href);return false;

Texas, unlike say, Illinois, is not a strictly "Home Rule" state. Vastly oversimplifying it, localities can't pass laws more restrictive than state laws. In Illinois, my cousin from Highwood cannot take her pistol and go down to the range near Plano (IL not TX) to shoot IDPA and pass through Chicago without risking arrest due to Chicago's more restrictive laws, and God forbid she should pass through Morton Grove.