Search found 4 matches

by RPB
Sun Nov 27, 2011 12:22 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 136346

Re: "Off Limits" locations for CHL's

Grapevinebill wrote:Does anyone recall seeing a web site that listed business that post 30.06 signs? I've been searching and can't find the link. I bring this up because yesterday my wife bought some furniture on line, and we went to the local store to pick it up. When we got there, there it was in both English and Spanish... Just like the lawyers wrote it up. Well I waited on the loading dock and told the wife to be careful in the crime free zone. Part of me felt like a heel for letting her go in alone and the other part of me felt like a heel for shopping at this place.....
Though not "all-inclusive" as it is a user created list, you can join + add to it/comment etc. Minutes ago I got an e-mail notification of a Chevy dealership in Pasadena that was added.... you can set it to notify you on selected cities etc.

http://www.texas3006.com/" onclick="window.open(this.href);return false;
by RPB
Sat Nov 26, 2011 9:25 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 136346

Re: "Off Limits" locations for CHL's

TexasGal wrote:Different question;
I didn't see the prohibition against carrying on COE land on the list? They do not have to post a 30.06, correct? But it is a violation to be caught carrying anywhere on the land or water they own even if it has been leased to another entity? That is my current understanding. Where are these laws located in the statues?
They do not have to post a 30.06, they are Federal Property.
RPB wrote: viewtopic.php?f=7&t=45581&p=555347&hilit=usacoe#p555347" onclick="window.open(this.href);return false;
The US Army Corps of Engineers has Hunting areas, if you have the proper hunting license, and they have Shooting ranges in some areas. They have regulations on how your gun must be unloaded and stored on the way to the ranges.
That does not mean a CHL can carry a concealed weapon.
The Federal Gov't does not care what State license you have
Concerning hunting, on some USACE property, it's illegal to possess a shotgun if it's assembled IIRC. Shotguns on some of their properties "presume" you are hunting illegally.
CHAPTER III--U.S. ARMY CORPS OF ENGINEERS
viewtopic.php?f=7&t=16134&p=183512&hili ... er#p183512" onclick="window.open(this.href);return false;
PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER RESOURCES
DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS

327.13 Explosives, firearms, other weapons and fireworks.
(a) The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited unless:
(1) In the possession of a Federal, state or local law enforcement officer;
(2) Being used for hunting or fishing as permitted under 327.8, with devices being unloaded when transported to, from or between hunting and fishing sites;
(3) Being used at authorized shooting ranges; or
(4) Written permission has been received from the District Commander.
(b) Possession of explosives or explosive devices of any kind, including fireworks or other pyrotechnics, is prohibited unless written permission has been received from the District Commander.

Nowhere does it state a CHL is valid, or that state guidelines overrule the federal.
In fact, There was a memo when Texas State Parks/National Parks became legal, that State Parks on USACE land were in fact NOT legal.

The memo link is here viewtopic.php?f=7&t=34417&p=405278&hili ... ch#p405278" onclick="window.open(this.href);return false;
February 22, 2010
New Federal Law Pertaining To Firearms on National Park/National Wildlife Service Lands Is Not Applicable at USACE Projects and Facilities
All -- a new law regarding firearms on some specific federal properties takes effect next week. This is not new information for us, and we have been reviewing it for quite a while. Counsel has been fully engaged. We offer the following guidance:

1. Section 512 of the Credit Card Act of 2009 (Public Law 111-024) pertains to possession of firearms and allows an individual to possess an assembled or functional firearm in any unit of the National Park Service or National Wildlife Refuge System provided that the individual is not otherwise prohibited by law from possessing the firearm and the possession is in compliance with the law of the State in which the National Park/Refuge is located. This law becomes effective on 22 February 2010 on property under the jurisdiction of the National Park Service or the U.S. Fish and Wildlife Service.

2. Public Law 111-024 does not apply to Corps projects or facilities. The passage of this new law does not affect application of Title 36 regulations (36 C.F.R., Chapter III, Part 327, Rules and Regulations Governing Public Use of COE Water Resources Development Projects). 36 C.F.R. § 327.13(a) prohibits the possession of loaded firearms or ammunition on lands and waters administered by the Corps unless one of the exceptions in 36 C.F.R. § 327.13(a)(1)-(4) applies. The full text of 36 C.F.R. can be viewed on the NRM Gateway at: http://corpslakes.usace.army.mil/employ ... itle36.pdf" onclick="window.open(this.href);return false;.

3. 36 C.F.R. § 327.13 remains in full force and effect. It will continue to prohibit loaded concealed weapons on Corps properties regardless of the new law and notwithstanding any contrary provisions of State law. It remains Corps policy that we will not honor State-issued concealed weapon permits on our facilities and that District Commanders do not have discretion under 36 C.F.R. § 327.13(a)(4) to create blanket exceptions to this policy. A change of this nature to Corps regulations in 36 C.F.R. Part 327 would require formal rulemaking procedures under the Administrative Procedures Act (5 U.S.C. §§ 551-706).

4. It is incumbent upon us to communicate and reinforce our firearms regulation with our visitors and partners, which may include posting park entrances with No Firearms signs IAW the Corps sign manual (EP 310-1-6a and EP 310-1-6b) and taking other actions deemed necessary by Operations Project Managers as coordinated appropriately with other Corps elements. Information related to this matter will also be posted for public awareness on the NRM Gateway.

5. HQUSACE POCs for this matter are Stephen Austin, Natural Resources Manager, Operations (for Visitor Assistance policy and program administration information), 202-761-4489, stephen.b.austin@usace.army.mil; and Milt Boyd, Assistant Counsel, Office of Chief Counsel (for regulatory questions on federal lands) at 202-761-8546, Milton.W.Boyd@usace.army.mil.

Provided for your attention and appropriate action.
Michael G. Ensch, SES
=========================================================================================================


Asked for an exception for ACOE property...........DENIED
viewtopic.php?f=7&t=36766&p=435790&hili ... my#p435790" onclick="window.open(this.href);return false;

Have you called your U.S Representative to change this and support the House Resolution HR 1865 by Representative Bob Gibbs mentioned above?

3. 36 C.F.R. § 327.13 remains in full force and effect. It will continue to prohibit loaded concealed weapons on Corps properties regardless of the new law and notwithstanding any contrary provisions of State law. It remains Corps policy that we will not honor State-issued concealed weapon permits on our facilities and that District Commanders do not have discretion under 36 C.F.R. § 327.13(a)(4) to create blanket exceptions to this policy. A change of this nature to Corps regulations in 36 C.F.R. Part 327 would require formal rulemaking procedures under the Administrative Procedures Act (5 U.S.C. §§ 551-706).
The above applies not only to prohibit CHLs, but any guns in cars of unlicensed MPA/Motorist Protection Act carriers in their parking areas ... as well as guns in boats under the newly passed HB 25 in "their" waters .... even if it's a State Park on land leased from the USACE.

So, some people thinking they are legal under Texas law... are in fact becoming criminals under Federal Regulation, whether licensed or not.

E-mail/call/FAX your U.S Representative to change this and support the House Resolution HR 1865 by Representative Bob Gibbs. (Before someone "accidentally" becomes a "test case" and not having money to fight the Feds, loses.)
by RPB
Fri Jan 14, 2011 7:41 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 136346

Re: "Off Limits" locations for CHL's

Hospitals in my city and 2 nearby cities don't WANT to post 30.06 signs inviting their pharmacies to be robbed because criminals know gun free zones are safer for them to rob. One does have a WARNING area protected by attack chicken sign though. At least 1 hospital removed the required 51% sign which didn't have a 51 on it ...
They bought it here if you would like to buy one they have them in stock, link provided in case you want to buy one http://www.mypetchicken.com/catalog/Tin ... -p344.aspx" onclick="window.open(this.href);return false; Image

All other signs were removed, so the hospital would be safer.
by RPB
Wed Dec 22, 2010 3:03 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 136346

Re: "Off Limits" locations for CHL's

DrKyle1 wrote:So I understand the 30.06 signs but what about the sign I saw today on all of the doors of the San Antonio city planning & development offices that stated no guns violative will be prosecuted for criminal trespassing?
Not having seen the sign itself, it sounds like a 30.05 sign,
30.05 CRIMINAL TRESPASS
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.

A defense provided in 30.05, for CHLs


And concerning CHLs, had it actually been a 30.06 sign on city property ... you'd need to refer to Section 46.03 or 46.035 Penal Code..
http://www.statutes.legis.state.tx.us/d ... /PE.30.htm" onclick="window.open(this.href);return false;
30.06 TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN:
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.


per Local Government Code 229.001 http://www.statutes.legis.state.tx.us/D ... tm#229.001" onclick="window.open(this.href);return false;
Sec. 229.001. FIREARMS; EXPLOSIVES.
(a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.

(b) Subsection (a) does not affect the authority a municipality has under another law to: ...
(you can read 1-5 at link provided)
...(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or other governmental body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or professional athletic event.

(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.

In other words, that sign is notice to non-CHLs, who the city can regulate, to not carry there else they'll be charged with 30.05 criminal trespass

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