Author Topic: Public Libraries in Texas?  (Read 7767 times)

RobFisher

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Public Libraries in Texas?
« on: August 20, 2014, 11:22:23 AM »
Can CHL holders in Texas legally carry in a public library? It's not an "educational institution",  but it is a "Government building".  My gut feeling is no, but I wanted to get legal confirmation.

Thanks!
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

Neighbor

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Re: Public Libraries in Texas?
« Reply #1 on: August 21, 2014, 04:28:43 PM »
I am not a lawyer, but why not? Not a federal library is it? Not 30.06 posted is it?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

RobFisher

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Re: Public Libraries in Texas?
« Reply #2 on: August 21, 2014, 07:11:22 PM »
Is there a difference between city, county, state, or Federal buildings in the CHL law?
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Neighbor

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Re: Public Libraries in Texas?
« Reply #3 on: August 21, 2014, 08:11:02 PM »
Yes there is a difference. Again I am not a lawyer and don't remember all the particulars but Federally owned buildings or property are off limits to concealed carry even without 30.06 posting (i.e. post office). With some exceptions most city, county, and state property would have to be posted 30.06 (depending on what is taking place - i.e. council meeting or some government meeting). There are of course other specific places off limits by statute like polling places, jails, schools, etc. I realize after thinking about this that I need to re-read my concealed carry laws again
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

switch

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Re: Public Libraries in Texas?
« Reply #4 on: August 22, 2014, 06:31:49 AM »
There is NO difference between federal and local property under the TX CHL laws.  However, federal law says no guns on federal property and supercedes state law. :(

Gov has to put up 30.06 signs to keep you from carrying at gov meetings.

They can put up 30.06 signs on other gov buildings BUT they cannot enforce them.  :)  You cannot be prosecuted for carrying in any building owned or leased by a government entity!  This does NOT apply to federal, schools or courts.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Public Libraries in Texas?
« Reply #5 on: August 22, 2014, 03:34:56 PM »
Public libraries are NOT prohibited places for CHL holders.  Most public libraries are owned by cities or counties and as such are prohibited from prohibiting CHL holders by TPC 30.06(e).  A CHL holder would be prohibited from carrying into school, college, or university libraries, or carrying at school functions at public libraries.  Also, as far as the federal vs. state distinction, when state law speaks of a prohibited "premises" this word specifically excludes parking lots.  However, federal law controls parking lots owned by the federal government such as those at the VA, social security office, and post office.  Carrying a firearm in these parking lots is prohibited in the Code of Federal Regulation.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

RobFisher

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Re: Public Libraries in Texas?
« Reply #6 on: August 23, 2014, 10:09:02 PM »
Thank you for the response!
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

jimisbell

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Re: Public Libraries in Texas?
« Reply #7 on: August 24, 2014, 02:46:07 PM »
" However, federal law controls parking lots owned by the federal government such as those at the VA, social security office, and post office. "

So taking my weapon off and leaving it in the car at the US Post Office parking lot, VA parking lot, or SS Parking lot, will NOT protect me from violating Federal law even though it is perfectly legal for me to have it in the car with or without my CHL in Texas.  I carry under a Florida Out Of State permit.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

i2A

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Re: Public Libraries in Texas?
« Reply #8 on: March 14, 2015, 05:34:27 AM »
TLS,
Please explain CHL holder risks carrying at a Harris County TX public library when their website categorizes a firearm under problem behavior policy...

http://www.hcpl.lib.tx.us/about/problem-behavior-policy

F. Firearms and Other Deadly Weapons on Premises

On December 19, 1995 the Harris County Commissioners Court passed the following concerning firearms or other deadly weapons on county premises:

    1. It shall be unlawful for any person to carry a firearm or deadly weapon within or on any Premises except those persons who are peace officers or security guards.
    2. Notice of this prohibition against firearms and other deadly weapons will be posted on all    Premises and any violation of this prohibition shall be punished as provided by state law/or federal law, including Section 30.05 of the Texas Penal Code[Criminal Trespass].
    3. This section is expressly made cumulative of any other county rules and regulations relating to the possession of weapons by County or District officials or employees.

- See more at: http://www.hcpl.lib.tx.us/about/problem ... TdMOB.dpuf
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TexasLawShield

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Re: Public Libraries in Texas?
« Reply #9 on: March 18, 2015, 11:31:58 AM »
i2A,

CHL holders have no liability for carrying at the Harris County public library. The government canít use 30.06 to prohibit CHL holders from carrying on government property, and it sounds like they are trying to use 30.05 as a backdoor route to accomplish the same prohibition. Luckily, it is written into 30.06 that this exact kind of legal gymnastics is ineffective against CHL holders. Carry on!
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »