Search found 3 matches

by RottenApple
Sun Feb 10, 2013 8:27 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 69534

Re: "Off Limits" locations for CHL's

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.
by RottenApple
Wed Jul 06, 2011 4:51 pm
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 69534

Re: "Off Limits" locations for CHL's

Charles L. Cotton wrote: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.
Thank you for the clarification, Mr. Cotton. :tiphat:
by RottenApple
Wed Jul 06, 2011 10:20 am
Forum: CHL Checklist
Topic: "Off Limits" locations for CHL's
Replies: 152
Views: 69534

Re: "Off Limits" locations for CHL's

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.

Return to “"Off Limits" locations for CHL's”