"Off Limits" locations for CHL's

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hmayasi
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Re: "Off Limits" locations for CHL's

Postby hmayasi » Mon Dec 17, 2012 5:41 pm

I was wondering if I can legally carry in my place of employment. I work for a school district, in the administration building. It is important to note that this is not a school and not an area where children are present or where educating occurs.

I looked at the employee handbook and there is no mention of prohibiting licensed carry except on school property, which we already know. There are also no 30.06 signs on the premises.

Thank you.

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rubio
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Re: "Off Limits" locations for CHL's

Postby rubio » Mon Dec 17, 2012 6:38 pm

hmayasi wrote:I was wondering if I can legally carry in my place of employment. I work for a school district, in the administration building. It is important to note that this is not a school and not an area where children are present or where educating occurs.

I looked at the employee handbook and there is no mention of prohibiting licensed carry except on school property, which we already know. There are also no 30.06 signs on the premises.

Thank you.

I think the administration buildings are part of an educational institution.

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
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ffemt300
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Re: "Off Limits" locations for CHL's

Postby ffemt300 » Wed Dec 19, 2012 10:50 pm

Help clarify carry in a church for me. A friend and fellow CHL was insistent that churches were statutorily off limits. This thread says that churches are not off limits unless they post 30.06 signs. However the penal code is not clear to me. I've always carried at my church and he apparently is afraid to.

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Crossfire
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Re: "Off Limits" locations for CHL's

Postby Crossfire » Wed Dec 19, 2012 11:12 pm

ffemt300 wrote:Help clarify carry in a church for me. A friend and fellow CHL was insistent that churches were statutorily off limits. This thread says that churches are not off limits unless they post 30.06 signs. However the penal code is not clear to me. I've always carried at my church and he apparently is afraid to.

Churches are NOT off-limits. The confusion comes because many people do not read to the end of PC §46.035 where you find this: "(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06."

They only read this far: (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person: ...
(6) on the premises of a church, synagogue, or other established place of religious worship.
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ffemt300
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Re: "Off Limits" locations for CHL's

Postby ffemt300 » Fri Dec 21, 2012 8:32 am

Thanks much. This is clear to me now. I'm not well versed in reading legal speak. I will pass this along to my friend. :thumbs2:


Bitterclinger
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Re: "Off Limits" locations for CHL's

Postby Bitterclinger » Sun Feb 10, 2013 8:17 pm

I'm still not 100% crystal on City Council meetings. My local city council meets in the city hall building. There is no sinage of any kind. There are always a cop or two on hand so I don't feel too exposed, but I just would rather not leave my weapon in the car if I don't have too. I think they have "traffic court" there during the day, but not at night when CC meetings are in session.

Can anybody give me a tune up on this?

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C-dub
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Re: "Off Limits" locations for CHL's

Postby C-dub » Sun Feb 10, 2013 8:20 pm

Bitterclinger wrote:I'm still not 100% crystal on City Council meetings. My local city council meets in the city hall building. There is no sinage of any kind. There are always a cop or two on hand so I don't feel too exposed, but I just would rather not leave my weapon in the car if I don't have too. I think they have "traffic court" there during the day, but not at night when CC meetings are in session.

Can anybody give me a tune up on this?

If it is not posted then you may carry. The meeting must be properly posted with a 30.06 sign in English and Spanish. They and the officers may not realize that and tell you different.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.

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RottenApple
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Re: "Off Limits" locations for CHL's

Postby RottenApple » Sun Feb 10, 2013 8:27 pm

Bitterclinger wrote:I'm still not 100% crystal on City Council meetings. My local city council meets in the city hall building. There is no sinage of any kind. There are always a cop or two on hand so I don't feel too exposed, but I just would rather not leave my weapon in the car if I don't have too. I think they have "traffic court" there during the day, but not at night when CC meetings are in session.

Can anybody give me a tune up on this?


Sure.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
<snip>
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a g overn- mental entity.
<snip>
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.


If a governmental entity did not 30.06 post their meeting, then it is legal (or at least a defense to prosecution) to carry there.

Now, the court thing is a different issue.

PC §46.03. PLACES WEAPONS PROHIBITED.
<snip>
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
<snip>
(c) In this section:
(1) “Premises” has the meaning assigned by Section 46.035.
<snip>
(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.


So I would say that if the location is a court, then the government meeting doesn't have to be 30.06 posted because you can't legally carry there anyway.


Davfeathers
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Re: "Off Limits" locations for CHL's

Postby Davfeathers » Tue Feb 19, 2013 2:55 pm

Ok so I work for a truck dealership that does warranty work on school buses. I know that PC 46.03 (a) 1 Shool bus, or other school passenger transportation vehicle. - TPC §46.03(a)(1) so my question is since the vehicle is in for service and in no way would be for school function what are the problems. Do I need to disarm each time I get into a school bus to do repairs? :txflag:

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Keith B
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Re: "Off Limits" locations for CHL's

Postby Keith B » Tue Feb 19, 2013 3:10 pm

Davfeathers wrote:Ok so I work for a truck dealership that does warranty work on school buses. I know that PC 46.03 (a) 1 Shool bus, or other school passenger transportation vehicle. - TPC §46.03(a)(1) so my question is since the vehicle is in for service and in no way would be for school function what are the problems. Do I need to disarm each time I get into a school bus to do repairs? :txflag:


Unfortunately yes. TPC 46.03 specifies 'passenger transportatioon vehicle' and does not specify if in use or not. This would also include any vehicle that was owned by a school that was used for passenger transportation, so if they had a rickshaw they transported people in you could not get in it armed.

TPC 46.03 wrote:(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private
, unless pursuant to written
regulations or written authorization of the institution;
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4


Houpilot2001
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Re: "Off Limits" locations for CHL's

Postby Houpilot2001 » Wed Apr 10, 2013 3:01 pm

Hey guys,

is it legal to carry in a city park. Precinct 4 Softball fields in Houston Texas to be exact. Going to my daughters game and i have never noticed a 30.06 sign there before but was unsure if it even needed a sign.

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bizarrenormality
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Re: "Off Limits" locations for CHL's

Postby bizarrenormality » Wed Apr 10, 2013 7:30 pm

Houpilot2001 wrote:Hey guys,

is it legal to carry in a city park. Precinct 4 Softball fields in Houston Texas to be exact. Going to my daughters game and i have never noticed a 30.06 sign there before but was unsure if it even needed a sign.

I carry in city, county, state and national parks.
"Also if you can not be trusted with a pistol after a few drinks you can't be trusted with a pistol period. Booze is liquid bad judgment no doubt but it shouldn't make you into a darn moron. If you are a moron sober I don't know what to tell you." - BurnedOutLEO

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Skiprr
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Re: "Off Limits" locations for CHL's

Postby Skiprr » Fri Apr 12, 2013 2:00 am

Houpilot2001 wrote:Hey guys,

is it legal to carry in a city park. Precinct 4 Softball fields in Houston Texas to be exact. Going to my daughters game and i have never noticed a 30.06 sign there before but was unsure if it even needed a sign.

A park on land owned by the City of Houston: yes, you can carry.

But there may be a gotcha. What you think is municipal or state park land may not be.

A huge amount of land in Harris County--almost 14,000 acres--is owned and governed by the U.S. Army Corps of Engineers. And your CHL is not valid on that federally-owned land.

Here's my rant from 2011 about the subject.

The message is: Research your destination before you travel.
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euc
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Re: "Off Limits" locations for CHL's

Postby euc » Fri Apr 12, 2013 11:49 am

Its too bad there is not a State of Texas website or smart phone app that allows you to quickly check to see if a particular business allows licensed carriers.

Kind of like a database, where you just search the business entity name, and it comes up yes or no.. It would be pretty easy to implement, i suggest it would take about a year to build the database. Just have every business answer a simple question when they do their state taxes.

oh well.. my 2 cents..


Houpilot2001
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Re: "Off Limits" locations for CHL's

Postby Houpilot2001 » Fri Apr 12, 2013 11:53 am

There is texas3006.com where users upload signs and business names. Just wasnt sure about this park in particular


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