Municipal Locations

[NativeTexan]

Hey guys, thanks much for the service you provide, it's nice to have an "authoritative source" to ask questions that don't get the typical "it depends on 5000 things" non-answer.

My question:

I recall seeing somewhere there was a part of the CHL statute that was updated / modified to prevent municipalities that are "CHL Unfriendly" from restricting CHL access with a 30.06 sign.  I thought the purpose of the statute language was to keep cities from restricting CHL holders from coming into their facilities with their legally carried concealed weapon.  I saw a post about the Dallas DART rail, does what I mentioned above ring a bell?  I know courts are off limits, but does the city have the right to post a 30.06 on their general offices, police sub-stations, utility payment offices, etc, etc?  If the answer is no, is there any way to dispute their posting?

Thanks.

[TexasLawShield]

Thanks for the question NativeTexan.

In 2003, the Texas Legislature added a provision to 30.06 that said that governments could not post a 30.06 sign in places that were otherwise not authorized by law. The only government property that is off-limits to the CHL holder are courts and offices used by the courts, schools, and meetings of governmental entities.

All other 30.06 signs posted by a city, for example by DART, are ineffective, and a person cannot be charged with criminal trespass for violating them. In the past legislative session, the Texas Legislature attempted to impose a penalty for cities that did post unauthorized 30.06 signs, and even though this law passed both houses, it failed to make it to the Governor's desk because of some administrative shenanigans. Hopefully it will pass again in 2015.

[centuryhouse]

Great information. I hope you don't mind me jumping in with a related question?

There is a nice playground 3 blocks from the house; it is the outdoor playground at the Plano Independent School District elementary school my children attend. While the playground does not fit the definition of 'premises' which would be off limits to carrying, the school has posted 30.06 signs at every parking entrance, and on the outside perimeter of the entire school grounds.

If the signs were valid, I could not park the car there if I was carrying, nor could I go onto the grounds while carrying. That said, my understanding is that it is not legal for a school to post 30.06 signs.

Is it legal for them to do so, and is it violating a law if I ignore the unlawful signs and take my kids to play there while I remain armed?

Thanks in advance!

[switch]

You cannot carry at 'organized school activities'.  That would include playgrounds during recess or playdays.  It should NOT be enforceable after school hours or on weekends.

I'm not sure how 30.06 would interact w/this.  My opinion?  Not much.  How much money do you have?  Are you willing to litigate?  Chance losing your CHL?

[TexasLawShield]

Thanks for the question centuryhouse,

First of all, a state entity, like a school, may not post 30.06 signs. These 30.06 signs are not valid. Second, the playground is not considered the school's premises, and as long as there is no school event taking pace on the playground you may carry your concealed handgun.