Search found 4 matches

by aero10
Sun Aug 13, 2017 9:36 pm
Forum: New to CHL?
Topic: another 30.06 question
Replies: 84
Views: 13351

Re: another 30.06 question

OlBill wrote:
C-dub wrote:
OlBill wrote:
ScottDLS wrote:
What about the classes that the State doesn't let you exclude? Off duty cops, emergency volunteers, special investigators, your employees carrying in your parking lot, etc.... :rules:
My understanding is you can exclude them, police don't have to follow The Sign, is that incorrect? Isn't that what happened to the Conroe police chief?

They have to have verbal notice?
I think that is correct OlBill. There is no sign that would prevent a police officer from carrying into a Sprouts, for example, but if they receive oral notification that they are not allowed to carry their gun into the store even if they are in uniform and not in their official capacity the officer would still have to leave. They can return without their handgun just like the rest of us can, but I'm not sure how many LEOs or us would actually return unarmed.
I think the sign should apply just like it does to me. It is notice.
30.06 is notice for LTC under that portion of the penal code; police officers are covered under a different section of the Texas penal code. I think you're going to have a hard time selling any codified restriction on police officers carrying (on or off duty). If you think LTC and officers should be in the same playing field, your best bet is removing restrictions on LTC, but then again we all saw how far HB560 went.

What is your rational that off-duty officers should be subject to 30.06?
by aero10
Sat Aug 12, 2017 10:12 pm
Forum: New to CHL?
Topic: another 30.06 question
Replies: 84
Views: 13351

Re: another 30.06 question

TreyHouston wrote:
OlBill wrote:
aero10 wrote: This isn't true. 30.06/7 has no bearing on off-duty police officers, even if they have a LTC.
And that needs to be corrected.
An off duty police officer (yes, its a job) has to follow the same rules as every citizen out there. There are no "special accommodations". Now, do other police officers cut them some slack? Yes.
If I believe correctly, only detectives, cheif, and ?sheriff? are immune when off duty BUT can not drink if carrying.
Actually, 46.15 states otherwise.
Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;
by aero10
Fri Aug 11, 2017 1:46 pm
Forum: New to CHL?
Topic: another 30.06 question
Replies: 84
Views: 13351

Re: another 30.06 question

Jusme wrote:Welcome to the forum!! :tiphat:

I don't believe I have seen a first post so, detailed, and cohesive. JMHO
I understand your frustration with 30.06 posted businesses. But there will never be anything passed into law, that excludes private businesses, from prohibiting guns, until LTC holders are declared a "protected class" similar to any racial, ethnic, or disabled person's group.
I've heard this argument many times, but I don't understand what in the political climate in Texas won't allow excluding businesses from prohibiting guns. There are states where there are no enforceable signs restricting concealed carry, only verbal warning can restrict concealed carry. Granted, typically in these instances any sign can/does restrict open carry, and there are still statutorily of limitations places as well.
by aero10
Fri Aug 11, 2017 1:41 pm
Forum: New to CHL?
Topic: another 30.06 question
Replies: 84
Views: 13351

Re: another 30.06 question

TreyHouston wrote:I just had to run into a shell gas station. It was posted 3006/3007. When I bought a soda, i asked the clerk and owner if they knew that their no gun signs keep off duty cops out of their store too! :shock: , let them know the Conroe police cheif was just kicked out of this dr office for the same thing.

PERHAPS I at least got them thinking about the signs for a few minutes.....
This isn't true. 30.06/7 has no bearing on off-duty police officers, even if they have a LTC.

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