Author Topic: Texas 30.06 Posting Question  (Read 1059 times)

10canyon53

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Texas 30.06 Posting Question
« on: August 25, 2018, 08:49:24 AM »
Is it legal to transport a firearm into a building that is posted with the 30.06 sign if the firearm in question is unloaded and secured in a locked case and remains unloaded and in the locked case the entire time it is in the building?

TexasLawShield

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Re: Texas 30.06 Posting Question
« Reply #1 on: August 31, 2018, 04:52:17 PM »
10canyon53,

30.06 specifically prohibits carrying a “concealed handgun” past a properly posted sign. A locked and unloaded handgun is still a handgun, and it is concealed in a case. So, it still a “concealed handgun.”  That means you are still prohibited from taking a locked and unloaded handgun past a 30.06 sign. The fact that it is locked and unloaded does not matter.

Neighbor

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Re: Texas 30.06 Posting Question
« Reply #2 on: September 08, 2018, 11:07:39 PM »
Interesting how this fits with what goes on at most of the gun shows I've attended.  ::)

LDP

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Re: Texas 30.06 Posting Question
« Reply #3 on: September 14, 2018, 12:12:58 PM »
A locked and unloaded handgun is still a handgun, and it is concealed in a case. So, it still a “concealed handgun.”
Good point.

May I ask a philosophical question?
At what point of disassembly does a firearm stop being a firearm and become "parts". Which would technically allow the parts presence on premises.
I assume the law addresses that somewhere but I do not have a good idea where to find the right excerpt.

TexasLawShield

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Re: Texas 30.06 Posting Question
« Reply #4 on: September 24, 2018, 01:23:19 PM »
Unfortunately, the law is very strict on firearms. Based on judicial interpretation of the definition of a firearm, many courts find that disassembly does not turn a “firearm” into “parts.” There is even a published Court of Criminal Appeals opinion, in Walker v. State, that ruled a .45 caliber pistol was still a firearm even though it had the firing pin missing. In another case, Thomas v. State, the court ruled that a .25 caliber gun with the trigger mechanism removed was still a firearm. So, it seems unlikely that at any point of “disassembly” a court would find that a firearm ceases to be a firearm. Short of permanent modification to make a firearm inoperable, disassembly will not result in a firearm ceasing to be a firearm.