Author Topic: Clarification requested for 46.035 (i) please  (Read 674 times)

LDP

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Clarification requested for 46.035 (i) please
« on: September 14, 2018, 12:19:37 PM »
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(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
        (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate;
        (5) in an amusement park;  or
        (6) on the premises of a church, synagogue, or other established place of religious worship.

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(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 .

Am I reading this wrong or does (i) pretty much nullify (b)(4), (b)(5) and (b)(6)?
Is there a point to having (b)(4), (b)(5) and (b)(6) then?
Or am I misunderstanding the wording of the law?

I would appreciate clarification from our smart lawyers.
Thank you in advance
L

TexasLawShield

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Re: Clarification requested for 46.035 (i) please
« Reply #1 on: September 24, 2018, 01:24:37 PM »
LDP,

We get many questions regarding the wording of these sections. Subsection (i) requires that the areas mentioned in (b)(4), (b)(5), (b)(6), and (c) give proper notice to prohibit license holders from carrying handguns. This means that with a valid license to carry, you CAN carry your handgun in these locations UNLESS they post 30.06 or 30.07 signs. It might seem unnecessary or duplicative with the rules for any private business; however, one major difference is that trespass by a license holder in these areas is a Class A misdemeanor, whereas trespass by a license holder in any other private business is only a Class C misdemeanor. In other words, hospitals, amusement parks, and churches are treated like other private businesses with a heightened penalty for trespass.