Re: Bills to fix the private entity leasing a government building loophole
Posted: Fri Jan 06, 2017 10:53 am
I have written a bill but I can't say more at this time.
Chas.
Chas.
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Thank you. I am rusty after 2-weeks vacation.Russell wrote:HB 56 affects first responders in the discharge of their duties. This doesn't include normal citizen LTC'ers is my understanding.
HB 560 removes 46.03/46.035 restrictions for LTCers. This does not affect private property being leased by a governmental building.
I hope it includes doubling the fines for any governmental body that allows or fails to prevent a private entity from posting.Charles L. Cotton wrote:I have written a bill but I can't say more at this time.
Chas.
You are correct - the AG has said that private entities can't violate the "fines for signs" law because they are not a government subdivision. The government subdivision is not liable because they did not post the sign. LTCs are not in violation when they walk past said sign because they are on government-owned property.Soccerdad1995 wrote:Please correct me if I am wrong, but I don't believe that the AG is saying the 30.06/30.07 signs are valid / enforceable under current law. I thought that he just said that there was no violation of the "fines for signs" law and did not opine on the legal enforceability of such signage.
In other words, if the private lessee posts a 30.06 sign on government owned property and I as an LTC holder walk right by it with my CC weapon, then there are no legal violations by any party. At least, that's how I had understood the current situation.
Regardless, I agree that we need to change this situation. Especially when these private lessees then use government resources (aka LEO's) to enforce their invalid restrictions.
Thanks. I was confused by the OP's reference to "enforceable" 30.06/30.07 signs. To me, the signs we are talking about are not enforceable. They are just a nuisance. That is, until the lessee convinces the local police to help them enforce their restrictions.mr1337 wrote:You are correct - the AG has said that private entities can't violate the "fines for signs" law because they are not a government subdivision. The government subdivision is not liable because they did not post the sign. LTCs are not in violation when they walk past said sign because they are on government-owned property.Soccerdad1995 wrote:Please correct me if I am wrong, but I don't believe that the AG is saying the 30.06/30.07 signs are valid / enforceable under current law. I thought that he just said that there was no violation of the "fines for signs" law and did not opine on the legal enforceability of such signage.
In other words, if the private lessee posts a 30.06 sign on government owned property and I as an LTC holder walk right by it with my CC weapon, then there are no legal violations by any party. At least, that's how I had understood the current situation.
Regardless, I agree that we need to change this situation. Especially when these private lessees then use government resources (aka LEO's) to enforce their invalid restrictions.
The question comes when the private entity refuses entry or asks the license holder to leave based on the fact that the license holder is carrying.Soccerdad1995 wrote:Thanks. I was confused by the OP's reference to "enforceable" 30.06/30.07 signs. To me, the signs we are talking about are not enforceable. They are just a nuisance. That is, until the lessee convinces the local police to help them enforce their restrictions.mr1337 wrote:You are correct - the AG has said that private entities can't violate the "fines for signs" law because they are not a government subdivision. The government subdivision is not liable because they did not post the sign. LTCs are not in violation when they walk past said sign because they are on government-owned property.Soccerdad1995 wrote:Please correct me if I am wrong, but I don't believe that the AG is saying the 30.06/30.07 signs are valid / enforceable under current law. I thought that he just said that there was no violation of the "fines for signs" law and did not opine on the legal enforceability of such signage.
In other words, if the private lessee posts a 30.06 sign on government owned property and I as an LTC holder walk right by it with my CC weapon, then there are no legal violations by any party. At least, that's how I had understood the current situation.
Regardless, I agree that we need to change this situation. Especially when these private lessees then use government resources (aka LEO's) to enforce their invalid restrictions.
You can try to conceal and carry past these unenforceable signs and unless someone notices, or there is screening, it shouldn't be an issue. The issue I mention in my other posts is where there is screening.Russell wrote:mr1337 wrote:The question comes when the private entity refuses entry or asks the license holder to leave based on the fact that the license holder is carrying.
Bingo.
For all purposes anybody here wants to describe or argue, they are enforceable until we get law in place to stop it.
Nobody here is going to win an argument with private security nor a police officer over 30.06 signage not being technically enforceable.