"Off Limits" locations for CHL's

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

Postby GrayGhost » Tue Dec 28, 2010 4:07 pm

Dave2 wrote:What about carrying at a 51% venue when they're not open for business? I still do occasional freelance audio gigs. At the end of the night I've usually gotta load out $40k worth of gear by myself, at 3am, usually in the backside of an already poorly-lit parking lot, and sometimes in a not-so-good part of town. I know I'd have to leave my gun in the car while the band is playing and the bar is open, but what about afterwards when they're closed for the night?




Unfortunately, there seems to be no exception in the statute for “when they are not open for business.” I wouldn’t chance it.

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Oldgringo
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Re:

Postby Oldgringo » Fri Jan 14, 2011 7:05 pm

mikeloc wrote:What I mean is when the conceal carry law went into effect January 1, 1996 you could not carry in a hospital. The law was change to require the hospital to post the 30.06 sign to keep you from carring in the hospital starting September 1, 1997. The penal code in 1997 also required the hospital to post large number 51 on the sign to the hospital. I think it was 1991 or 2001 when they were not required to post the large 5 1/2" red letter sign (51).

The signs that are being posted in the hospitals are not a reflection of any old signs or history of how the hospitals could tell us we could not carry.

I consider the signs being discussed as rather new because they only started showing up about 2003.

Some of the signs have said that it is against state law to have a gun here even if you have a conceal carry permit. I do not know why they post this type of sign.

However, I have asked DPS legal department several times and they told me you could take the ride. If a 30.06 sign was not posted and you had not been given verbal notice you should not be convicted.

With that being said I would like to know that I could not be arrested for carrying in a hospital that does not post the 30.06 sign.

I would feel better if the hospitals would either post the 30.06 signs are if they post a no guns sign at least not say it's against state law to have a handgun on your person even if you have a license.

Mike Lochabay


If it's not a legally prescribed 30.06 sign, it does not apply to Texas CH licensees. If you're not comfortable with the concept of licensed concealed carry in Texas, do not carry in a hospital or anywhere else.

PLEASE DO NOT feel compelled to point out or question an invalid sign to facility management. That's not your job and serves no constructive purpose!


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Re: "Off Limits" locations for CHL's

Postby RPB » Fri Jan 14, 2011 7:41 pm

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 Image

All other signs were removed, so the hospital would be safer.
I'm no lawyer

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Re: "Off Limits" locations for CHL's

Postby KC5AV » Sat Jan 15, 2011 9:09 am

RPB wrote: Image


:thumbs2:
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Springbike
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Re: "Off Limits" locations for CHL's

Postby Springbike » Mon Jan 24, 2011 12:09 pm

I couldn't find the answer to my questions so...
1) With my CHL, can I lawfully carry at the Houston Livestock Show and Rodeo?
2) With my CHL, can I lawfully carry st the DMV?

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Charles L. Cotton
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Re: "Off Limits" locations for CHL's

Postby Charles L. Cotton » Mon Jan 24, 2011 1:03 pm

Welcome to the TexasCHLforum.

Springbike wrote:I couldn't find the answer to my questions so...
1) With my CHL, can I lawfully carry at the Houston Livestock Show and Rodeo?

Not at the rodeo, or any event in which people compete for prize money. Other areas of the Livestock Show and rides are fine.

Springbike wrote:2) With my CHL, can I lawfully carry st the DMV?

Technically yes, but I do not carry in any annex that has a courtroom or court office in the building. That's overkill, but it's also the safe route.

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

Postby Pug » Sun Apr 03, 2011 4:24 pm

I get a bit tickled every time a CHL holder reads our building lease and asks me what to do about the "no weapons" clause. :rules: I have to remind them that the law requires posting of the 30.06 signage (or ribbons around the tress, etc., etc.). When they ask what would happen if they were to carry and find themselves in a situation where the weapon had to be drawn, I put on my best evil smile and reply, "I'll probably slap your hand (while shaking it) and say something silly like, 'Don't you let me ever catch you doing that again.'" ;-)
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Re: "Off Limits" locations for CHL's

Postby Keith B » Sun Apr 03, 2011 4:51 pm

Pug wrote:I get a bit tickled every time a CHL holder reads our building lease and asks me what to do about the "no weapons" clause. :rules: I have to remind them that the law requires posting of the 30.06 signage (or ribbons around the tress, etc., etc.). When they ask what would happen if they were to carry and find themselves in a situation where the weapon had to be drawn, I put on my best evil smile and reply, "I'll probably slap your hand (while shaking it) and say something silly like, 'Don't you let me ever catch you doing that again.'" ;-)


A lease is a private contract and binding between two parties. Even with verbal approval, I would ask that it be stricken from the lease before signing it myself. That way there is no question if something happens and the lessor decides to terminate the lease on you because of the violation.
Keith
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Pug
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Re: "Off Limits" locations for CHL's

Postby Pug » Sun Apr 03, 2011 6:02 pm

Keith B wrote:A lease is a private contract and binding between two parties. Even with verbal approval, I would ask that it be stricken from the lease before signing it myself. That way there is no question if something happens and the lessor decides to terminate the lease on you because of the violation.


I would agree with you if it were not for the insurance problems. I've got 46 tenants in the building, and I'm confident that there are plenty of the 400+ among the staff who are both licensed and carrying. The problem we face is liability insurance. Whereas the carriers cannot force us to place a 30.06 sign in the window and inforce it, they can (1) charge more for our liability or (2) refuse coverage in the absence of such a clause in the lease.

Should someone refuse to sign due to the clause, I've got a waiting list and would understand.
My kids' dog think a whole lot more of me than he should...

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Re: "Off Limits" locations for CHL's

Postby Blindref757 » Wed Jul 06, 2011 8:50 am

Seeking clarification

After Sept. 1, 2011, will I, as a valid CHL holder, be in violation of the law if I have a gun locked in the console of my truck while I'm inside the school teaching students? My school is not currently posted 30.06 and there is no policy prohibiting it in the locked vehicle at this time.

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Re: "Off Limits" locations for CHL's

Postby Keith B » Wed Jul 06, 2011 8:55 am

Blindref757 wrote:Seeking clarification

After Sept. 1, 2011, will I, as a valid CHL holder, be in violation of the law if I have a gun locked in the console of my truck while I'm inside the school teaching students? My school is not currently posted 30.06 and there is no policy prohibiting it in the locked vehicle at this time.


Unfortunately schools were exempted from the statute, so as an employee they can prohibit you from having it locked in your car on the school parking lot. If there is no policy currently, then you may be OK, but the new law will not protect you in your circumstance.
Keith
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Psalm 82:3-4

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Re: "Off Limits" locations for CHL's

Postby jmra » Wed Jul 06, 2011 9:57 am

Keith B wrote:
Blindref757 wrote:Seeking clarification

After Sept. 1, 2011, will I, as a valid CHL holder, be in violation of the law if I have a gun locked in the console of my truck while I'm inside the school teaching students? My school is not currently posted 30.06 and there is no policy prohibiting it in the locked vehicle at this time.


Unfortunately schools were exempted from the statute, so as an employee they can prohibit you from having it locked in your car on the school parking lot. If there is no policy currently, then you may be OK, but the new law will not protect you in your circumstance.


If his school had a policy against it, would he be violating law (as in could be arrested/charged with an offense) or just subject to termination by the ISD?
I think it is the latter but would like to make sure as I am in the same boat.
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Keith B
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Re: "Off Limits" locations for CHL's

Postby Keith B » Wed Jul 06, 2011 10:11 am

jmra wrote:
Keith B wrote:
Blindref757 wrote:Seeking clarification

After Sept. 1, 2011, will I, as a valid CHL holder, be in violation of the law if I have a gun locked in the console of my truck while I'm inside the school teaching students? My school is not currently posted 30.06 and there is no policy prohibiting it in the locked vehicle at this time.


Unfortunately schools were exempted from the statute, so as an employee they can prohibit you from having it locked in your car on the school parking lot. If there is no policy currently, then you may be OK, but the new law will not protect you in your circumstance.


If his school had a policy against it, would he be violating law (as in could be arrested/charged with an offense) or just subject to termination by the ISD?
I think it is the latter but would like to make sure as I am in the same boat.


No law violation as there is not a statute against a CHL carrying on school grounds, but could be fired. The new law only allows the school to be exempt from having to allow firearms locked in vehicles by employees, but doesn't make it illegal to have them there.
Keith
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RottenApple
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Re: "Off Limits" locations for CHL's

Postby RottenApple » Wed Jul 06, 2011 10:20 am

Keith B wrote:No law violation as there is not a statute against a CHL carrying on school grounds, but could be fired. The new law only allows the school to be exempt from having to allow firearms locked in vehicles by employees, but doesn't make it illegal to have them there.


Are you sure about that Keith? I was under the impression that if a company had a policy against employees carrying, even if the policy is not the 30.06 wording, that the employee could be arrested for criminal trespass as they had received effective notice.

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Charles L. Cotton
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Re: "Off Limits" locations for CHL's

Postby Charles L. Cotton » Wed Jul 06, 2011 4:09 pm

RottenApple wrote:
Keith B wrote:No law violation as there is not a statute against a CHL carrying on school grounds, but could be fired. The new law only allows the school to be exempt from having to allow firearms locked in vehicles by employees, but doesn't make it illegal to have them there.


Are you sure about that Keith? I was under the impression that if a company had a policy against employees carrying, even if the policy is not the 30.06 wording, that the employee could be arrested for criminal trespass as they had received effective notice.


DPS has a very misleading question on the CHL test on this issue. No one can be prosecuted for a violation of any law unless all of the elements of the crime are present. With TPC §30.06, this means "effective notice" that can be either verbal or written. If it's written, it must contain the exact language required by §30.06.

Schools can't use TPC §30.06 anyway, unless they are private schools.

Chas.
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