AJSully421 wrote:Trey and SoccerDad,
I hear what you are saying... but there is more to it than just that.
I used the example of a family member in the hospital on purpose. The conundrums of the law are that Hospitals are listed in 46.035 (b)(4) as being statutorily off-limits. Then in 46.035 (i), it states that (b)(4) does not apply if you were not given effective notice under 30.06 or .07. Then 46.035 (m) goes on to mention VESPs who are performing emergency services have a defense to prosecution under sections (b) and (c).
I agree that 30.06 pretty much says you have a defense to prosecution all of the time. But it is a Defense to Prosecution, not an exemption, or a "does not apply"... I think that we have beat that dead horse enough around here.
What 46.035 (i) does not say is that (b)(4) does not apply if you have a defense to prosecution under 30.06 or .07... it says if you were not given effective notice... such as if there was no sign, or it was an old sign, or too small of a sign, wrong wording, not contrasting against the background, and so on.
46.035, 30.06 and 30.07 apply to LTC holders licensed under Chapter 411 of the Government code... that is source of their "permission to carry".
As a body guard, my "permission to carry" comes from Section 1702 of the Occupations Code, not 411 of the Government code. As such I am not subject to those laws while I am performing my duties, and visiting my wife or kid in the hospital, who is under contract, would qualify as "performing my duties".
By the way... you should also take note that the prohibition on carrying in 51% establishments is also listed in 46.035 under (b)(1). "Designated Carrier and Driver" anyone???
I can't speak for Trey, but I believe that you and I are in agreement. By "statutorily restricted locations" I was including locations that are restricted in 46.035 but that require 30.06 notice such as hospitals. Bars also fit in the same situation. For those types of locations, being a VESP would not be enough, unless you were actively engaged in performing emergency services. So if there is a hurricane, and the relief shelter you are volunteering at happens to be in a posted 51% location, you are OK, but being a designated driver during a non-emergency situation is not enough.
I think that what you are saying is the benefit to being a licensed bodyguard is that you are "on duty" much more often than a VESP would be engaged in providing emergency services, since you would be "on duty" whenever your family / protectee is present. But this distinction only really matters for statutorily prohibited locations. If we are talking about the common situation of encountering a 30.06 sign while walking into a store, a VESP does not need to be performing emergency services at all. Since this latter situation is much more likely, for me, I personally am mainly focused there as opposed to hospitals / bars, etc.
And I am not worried about the distinction regarding a "defense to prosecution". I will just say that if one is terrified at the thought of "taking a ride" then they probably should not carry a gun past a sign that meets all the wording and size requirements of 30.06, regardless of anything else.