Search found 3 matches

by Soccerdad1995
Tue Apr 25, 2017 12:31 pm
Forum: 2017 Texas Legislative Session
Topic: Rights for me but not for thee! HB 560 fading, HB 873 alive?
Replies: 27
Views: 14596

Re: Rights for me but not for thee! HB 560 fading, HB 873 alive?

ScottDLS wrote:
Soccerdad1995 wrote:
Papa_Tiger wrote:
Soccerdad1995 wrote:
steveincowtown wrote:I guess Texas' strong policy toward private property rights is selective.
Any private property owner, including a business owner, can still put a circle-slash badge sticker on their door and completely ban everyone who has a badge, including LEO's. After all, circle-slash stickers have the force of law under 30.05 unless an exemption has been made, such as under 30.06 and 30.07 for LTC holders.
TPC 30.05(i) has something to say about that:
TPC 30.05 wrote:(i) This section does not apply if:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and

(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
I stand corrected. So it appears that LEO's have a blanket exemption from 30.05 if I am reading this correctly. Not sure why the exemption references a weapon though. That part is odd.
Nope the circle slash badge sign is prohibiting LEO's and Special Investigators from entering AT ALL. Not entering with a handgun. So circle / badge works!! :biggrinjester:
Your right. I read subsection (2) but not subsection (1). The circle slash badge is forbidding entry on the basis that someone is a LEO, not on the basis of whether or not they have a gun. Gosh our laws sure are complicated.
by Soccerdad1995
Tue Apr 25, 2017 12:14 pm
Forum: 2017 Texas Legislative Session
Topic: Rights for me but not for thee! HB 560 fading, HB 873 alive?
Replies: 27
Views: 14596

Re: Rights for me but not for thee! HB 560 fading, HB 873 alive?

Papa_Tiger wrote:
Soccerdad1995 wrote:
steveincowtown wrote:I guess Texas' strong policy toward private property rights is selective.
Any private property owner, including a business owner, can still put a circle-slash badge sticker on their door and completely ban everyone who has a badge, including LEO's. After all, circle-slash stickers have the force of law under 30.05 unless an exemption has been made, such as under 30.06 and 30.07 for LTC holders.
TPC 30.05(i) has something to say about that:
TPC 30.05 wrote:(i) This section does not apply if:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and

(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
I stand corrected. So it appears that LEO's have a blanket exemption from 30.05 if I am reading this correctly. Not sure why the exemption references a weapon though. That part is odd.
by Soccerdad1995
Tue Apr 25, 2017 11:37 am
Forum: 2017 Texas Legislative Session
Topic: Rights for me but not for thee! HB 560 fading, HB 873 alive?
Replies: 27
Views: 14596

Re: Rights for me but not for thee! HB 560 fading, HB 873 alive?

steveincowtown wrote:I guess Texas' strong policy toward private property rights is selective.
Any private property owner, including a business owner, can still put a circle-slash badge sticker on their door and completely ban everyone who has a badge, including LEO's. After all, circle-slash stickers have the force of law under 30.05 unless an exemption has been made, such as under 30.06 and 30.07 for LTC holders.

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