Author Topic: Places to not carry & 30.06  (Read 4898 times)

Allen

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Places to not carry & 30.06
« on: March 31, 2014, 09:49:35 PM »
First off, want to say hi as a new TLS member.

I'm posting my questions here in the forum to (hopefully) help build a knowledge base available here for all of us to share.

Questions:

Why is there language in the law specifically mentioning amusement parks, churches, and hospitals that post a 30.06, if you cannot carry anywhere that posts a 30.06?    What is special about those places, or am I missing something about the 30.06 language?  Same thing with government meetings... a 30.06 is required in order to prohibit carrying, correct?

Also, your legal education--general firearms laws website page does not mention post offices.  However, I'm pretty sure you cannot possess a firearm on post office property.   I thought I recalled something about prisons and jails from CHL class, but only see the "day of executions" clause.

I guess, in summary, it'd be nice to have a "Where can I carry" or "Where can I *not* carry" page that wraps up all the laws, codes, etc. into one list I can memorize.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Places to not carry & 30.06
« Reply #1 on: April 01, 2014, 01:46:52 PM »
No, you are not missing anything. This is simply the result of inartful draftsmanship by the Texas Legislature. In 1995, when the CHL law was created, they created a list of places that even a CHL holder could not carry in. Amusement parks, churches, governmental meetings, hospitals, and nursing homes were all on this list.

Two years later in 1997, the Texas Legislature created the ability of private property owners to exclude CHL holders through the advent of Texas Penal Code 30.06. They decided to include churches, amusement parks, hospitals, nursing homes, etc. among the category of entities that could choose whether or not to exclude concealed carriers.

Instead of doing the logical thing and simply pulling those locations out of the prohibited areas list contained in Texas Penal Code 46.035, the Legislature instead decided to add 46.035(i) that says that these places could only exclude licensed holders through the use of 30.06.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

switch

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Re: Places to not carry & 30.06
« Reply #2 on: April 04, 2014, 04:16:07 PM »
Close but not cigar.

Private employers have always been able to exclude CHL's w/30.06 signs.

You are right, originally (1995), there were 7 places that CHL's could not carry (and there are no exceptions like written permission).  In 1997, the legislature wanted to winnow the list, but did not have the votes.  So the snuck in sub-section (i) b(4), b(5), b(6) and c do not apply.... One of the anti-gun senators from Dallas (his initials are Royce West) asked why and Jerry Patterson told him he wanted to make sure those categories knew they could not carry, and the measure passed.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Places to not carry & 30.06
« Reply #3 on: April 08, 2014, 10:00:02 AM »
Dear switch,

I don't quite understand your complaint. Could you please be specific about the part that you disagree with in the previous answer?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

switch

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Re: Places to not carry & 30.06
« Reply #4 on: April 09, 2014, 11:39:32 AM »
This part:

"Two years later in 1997, the Texas Legislature created the ability of private property owners to exclude CHL holders through the advent of Texas Penal Code 30.06. They decided to include churches, amusement parks, hospitals, nursing homes, etc. among the category of entities that could choose whether or not to exclude concealed carriers."

I thought my answer was pretty specific. LOL

Private property owners have always been about exclude CHL holders -- from 1995, not 1997.  I agree, it would have been 'cleaner' to just repeal amusement parks, churches, hospitals and gov meetings BUT they did NOT have the votes needed.  The passed sub-section (i) under the radar, so to speak.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Places to not carry & 30.06
« Reply #5 on: April 09, 2014, 03:38:30 PM »
Yes, if you work from the assumption that private property owners have the right to exclude anyone they want to, then you are correct.

However, in order to give CHL holders more protection, the legislature determined that if a private property owner is excluding someone specifically and only for the reason of having a concealed handgun, then the legislature said they must comply with a much more stringent notice standard than would be available under TPC 30.05.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »