ABIA posted 30.06, is it enforceable?

[frankie_the_yankee]

Austin-Bergstrom International Airport is posted with 30.06 compliant signs at its entrances. I visited there today to pick up a family member and disarmed in my truck before entering. Does anyone know who owns the airport, whether it is owned by a government entity or not? What I am interested in is if these signs are enforceable.

Note: I am not referring to carrying in the secure portion of the airport - i.e. past the metal detectors. I am interested in whether it is legal to carry in the non-secure area that is open to the general public. This would be the baggage claim and rental car area.

Is it legal for these areas to be posted, and can the 30.06 signs be enforced?

[seamusTX]

Looks like the city of Austin owns it: http://www.ci.austin.tx.us/austinairport/

Invalid posting, IMHO.

If you really care, call the DA. Oh, wait, that's Ronnie Earle.

- Jim

[Keith B]

Here is the iinformation I show, so it would not be valid. However, you might get challenged from someone who wants to try to enforce it.

Airport Ownership and Management from official FAA records
Ownership: Publicly-owned
Owner: CITY OF AUSTIN
PO BOX 1088
AUSTIN, TX 78767
Phone 512-974-2000
Manager: JIM SMITH
3600 PRESIDENTIAL BLVD
AUSTIN, TX 78719
Phone 512-530-2242

[Kalrog]

City owned and run. NOT enforceable.

[frankie_the_yankee]

Thanks guys.

[KRM45]

I'll be the baggage claim areas and the car rental areas are leased by the individual companies that operate them. You better check with them before you carry there... The way I understand it they can decide to post even on city owned property.




















I don't realloy want to debate this again, I just thought I'd take a stab at Frankie

[frankie_the_yankee]

Ha..ha...

I don't think the rental car companies lease the building. They just have concessions inside. Just like the eating establishments on the concourse.

It's the building entrance(s) that is posted. The city owns it, so it is clear that the 30.06 signs are not enforceable.

[NcongruNt]

Oof. I'll be there tomorrow morning to pick someone up. It does seem silly that there are signs on a government-owned building that are clearly not enforceable. Obviously I can't do anything about the signs before then, but would like to contact someone about it.

I would be interested to see who would be an effective person to contact regarding the signs.

I don't see any contact info for higher-ups on the website and the only place to contact there is the general info address, which I'm sure would get me nowhere.

I found an old post on THR regarding the policy at ABIA and it's apparently been posting incorrectly since 2003. The poster said that the signs were supposed to have been coming down in September of 2003. Either this never happened or they have been re-posted. My guess would be the former.

http://www.thehighroad.org/showpost.php ... ostcount=8

Anyone know who is in charge of facilities at ABIA and is responsible for the signs?

[NcongruNt]

After a little research, I found on the web page for the City Manager, that there is an Assistant City Manager who among other things, is responsible for aviation. I'm going to start by sending him an e-mail asking who to contact about the signs at ABIA.

http://www.ci.austin.tx.us/citymgr/default.htm

Here is the text of my letter:

Mr. Garza,

I am contacting you because I have concerns regarding the facilities at ABIA, and you are listed as Assistant City Manager in charge of aviation. If my inquiry is misdirected, please direct me to the proper person of authority in charge of the signs posted at ABIA.

It is my understanding that the Austin-Bergstrom International Airport has signs banning the possession of a concealed handgun by a holder of a Concealed Handgun License. From what I understand, the signs have been there for many years, but are no longer valid as of September 1, 2003. These signs are commonly known as "30.06" signs, and their enforceability guidelines for use are defined in Section 30.06 of the Texas Penal Code.

Within these guidelines, 30.06 signs are not valid within government-owned or leased facilities, as defined in 30.06(b). In specific relation to airports, the TPC defines possession prohibited "in or into a secured area of an airport." in section 46.03(a)(5), which does not include baggage areas or anything up to the point of the secured area of the airport beyond the metal detectors where a ticket is required.

It appears the signs at ABIA are 4 years out of date, and would be misleading to law enforcement officers and security officers unaware of changes to the law and the enforceability of such signs. I would like to request that the signs be removed as they are inaccurate, misleading, and do not reflect well on the management of the airport.

I'll post back with the results of my inquiry.

[Kalrog]

Good luck with that! I would also suggest the DA/CA and maybe a local elected official to get the ball rolling from multiple directions. Are you a local person with ties to someone specific?

[TX_Jim]

I was just at ABIA in June and did not see any 30.06 signs anywhere...I was in baggage cliam and did not go down to car rentals or anything like that.

Can someone provide a link to show that it is in fact posted? And can someone tell me when it was first posted?

[frankie_the_yankee]

I was just at ABIA in June and did not see any 30.06 signs anywhere...I was in baggage cliam and did not go down to car rentals or anything like that.

Can someone provide a link to show that it is in fact posted? And can someone tell me when it was first posted?

I was there in late June and I saw 30.06 signage on the doors of the baggage claim area.

As it turned out last Sunday, my sister was waiting for me on the sidewalk when I showed up so I didn't have to enter the building. As such, I didn't see whether it was still posted or not.

Maybe they finally took the signs down. (They were painted on the glass doors as I recall.)

I'll be dropping my sister off there Wednesday morning. I will be sure to check carefully for signs and report what I find.

[fiftycal]

Send a letter to the city attorney. Here adddy is on the website. Also send her a picture and tell her to tell the "aviation police" to BOLO for you since you'll be carrying. Then hope they "arrest" you so you can get some of that FREE city money!

[TX_Jim]

Ok...about 10 of us at my place of employment have CHLs two of which were at ABIA within the last 30 days and neither one saw 30.06 signs.


Also, I would like to see government code or penal code that would give the City authorization to post such signs. I would assume that Texas' pre-emption which says that only the state can regulate the carry and sale of firearms would preclude the City from posting 30.06 signs. If it does not, then we have real issues because the City could then post signs at parks, libraries, and etc.

[frankie_the_yankee]

Visited ABIA today. I checked both the upper level check in area and the lower level baggage claim area.

No 30.06 signs were present. The airport is not posted.

I guess they must have removed the signs painted on the doors at some point in the past.