30.06 Valid?

CHL discussions that do not fit into more specific topics

Moderators: Charles L. Cotton, carlson1


txinvestigator
Senior Member
Posts in topic: 3
Posts: 4331
Joined: Wed May 04, 2005 6:40 pm
Location: DFW area
Contact:

#16

Post by txinvestigator » Wed May 02, 2007 11:29 pm

Russell wrote:
JohnWayne wrote:A hospital cannot simultaneously be an educational institution. Therefore, you can go into the UMC (south) side without a problem even if they have 30.06 signs since it is government-owned (Lubbock County Hospital District) not otherwise prohibited. The HSC (north) side is off-limits since it is an educational institution (TTUHSC).

You can ignore all the 30.06 signs that TTU has at all the entrances to campus since you can explicitly carry anywhere but the premises of the school, which basically means anywhere but the buildings. I fought a long battle a few years ago to get them taken down, but the TTU General Counsel's attitude was they they were in compliance with all laws by having them posted, which is true - there is no law against posting a meaningless sign.

MD Anderson is another place that is a hospital and, thus, cannot be an educational institution. The lines between hospital and educational may get a bit fuzzy there, but you're probably safe in any other clinic buildings. They have 30.06s which you can safely ignore. It's probably the same situation for other UTMB facilities.

Jeff


I don't know about all of this "safely ignore" stuff. I'm not quite so sure that I would be so quick to say that you can ignore 30.06 postings. I have never heard of a hospital that can't also be an educational instituton.

Can anybody else chime in on this?
It appears that IF the hospital is licensed as one under The Health and Safety Code, section 241, that it IS a hospital for purposes of your CHL, and only a 30.06 posting can legally keep you out with your handgun.
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.


JohnWayne
Junior Member
Posts in topic: 3
Posts: 13
Joined: Sun Mar 27, 2005 3:05 am
Location: Houston
Contact:

#17

Post by JohnWayne » Thu May 03, 2007 12:23 am

I was really trying to make two points:

1) A government-owned hospital cannot use 30.06 to prohibit you from entering. Of course, a private hospital can post 30.06 and it is enforceable. See TPC § 30.06(e):
It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.
2) TTU has large 30.06 signs at all entrances to campus. Their intent is to keep you from carrying anywhere on campus - not just on the physical premises as defined by TPC § 30.06(f)(3):
"Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
Again, a private business can post enforceable 30.06 on their parking lots if they desire. The way the law reads, a private school is an educational institution, and thus the parking lots, etc are protected by the definition of premises in the penal code. Anyone have an opinion on that?

The crux of the matter is that the original poster should not worry about the 30.06 signs at the entrances to the TTU campus, nor should they worry about the 30.06 signs on the entrance to government-owned hospital or professional building. It's quite ironic that this is taking place in the town that GWB calls his "political weather vane".

Jeff


Topic author
HEMIzygote
Member
Posts in topic: 3
Posts: 185
Joined: Mon Jan 15, 2007 1:07 am

#18

Post by HEMIzygote » Thu May 03, 2007 2:18 am

JohnWayne wrote:
2) TTU has large 30.06 signs at all entrances to campus.
Where??? I have been going to school there for 4 years and have not seen one sign related to firearms except for in the stadium parking lots, and those weren't 30.06.

Have you seen these recently or back in the day?


txinvestigator
Senior Member
Posts in topic: 3
Posts: 4331
Joined: Wed May 04, 2005 6:40 pm
Location: DFW area
Contact:

#19

Post by txinvestigator » Thu May 03, 2007 6:56 am

JohnWayne wrote:I
2) TTU has large 30.06 signs at all entrances to campus. Their intent is to keep you from carrying anywhere on campus - not just on the physical premises as defined by TPC § 30.06(f)(3):
"Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
Again, a private business can post enforceable 30.06 on their parking lots if they desire. The way the law reads, a private school is an educational institution, and thus the parking lots, etc are protected by the definition of premises in the penal code. Anyone have an opinion on that?
That definition is only applicable to a private school automatically off limits under 46.03, and parking lots are not part of the premises. However, there is nothing that I see that would keep a private school from posting an enforceable 30.06 sign in the parking lot. 30.06 does not limit private schools from being enforceable as it does places owned or by the government.
*CHL Instructor*


"Speed is Fine, but accuracy is final"- Bill Jordan

Remember those who died, remember those who killed them.


kw5kw
Senior Member
Posts in topic: 1
Posts: 837
Joined: Thu Jun 01, 2006 12:18 pm
Location: Fort Worth, Texas

#20

Post by kw5kw » Thu May 03, 2007 8:32 am

txinvestigator wrote:
JohnWayne wrote:I
2) TTU has large 30.06 signs at all entrances to campus. Their intent is to keep you from carrying anywhere on campus - not just on the physical premises as defined by TPC § 30.06(f)(3):
"Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
Again, a private business can post enforceable 30.06 on their parking lots if they desire. The way the law reads, a private school is an educational institution, and thus the parking lots, etc are protected by the definition of premises in the penal code. Anyone have an opinion on that?
That definition is only applicable to a private school automatically off limits under 46.03, and parking lots are not part of the premises. However, there is nothing that I see that would keep a private school from posting an enforceable 30.06 sign in the parking lot. 30.06 does not limit private schools from being enforceable as it does places owned or by the government.
I think that the point that John Wayne is trying to make is:

Texas Tech is not a private school such as Baylor, Rice, SMU or TCU. Tech is a public school just as the university of Texas is.

Therefore Tech, being a government owned school, cannot post a binding 30.06 sign but Baylor, Rice, SMU or TCU can.

Russ
Russ
kw5kw

Retired DPS Communications Operator PCO III January 2014.


JohnWayne
Junior Member
Posts in topic: 3
Posts: 13
Joined: Sun Mar 27, 2005 3:05 am
Location: Houston
Contact:

#21

Post by JohnWayne » Thu May 03, 2007 8:41 am

HEMIzygote wrote:
JohnWayne wrote:
2) TTU has large 30.06 signs at all entrances to campus.
Where??? I have been going to school there for 4 years and have not seen one sign related to firearms except for in the stadium parking lots, and those weren't 30.06.

Have you seen these recently or back in the day?
I saw them as recently as Spring of 2006. Go to any vehicle entrance such as Drive of Champions off of Brownfield, Main St off of University, or the International Cultural Center parking lot. I don't remember as many on the south side of campus.


wrt45
Member
Posts in topic: 3
Posts: 170
Joined: Thu Dec 30, 2004 3:21 pm
Location: Lamesa

#22

Post by wrt45 » Thu May 03, 2007 10:49 pm

HEMIzygote wrote:
JohnWayne wrote:
2) TTU has large 30.06 signs at all entrances to campus.
Where??? I have been going to school there for 4 years and have not seen one sign related to firearms except for in the stadium parking lots, and those weren't 30.06.

Have you seen these recently or back in the day?
The ones I mentioned in earlier posts are the only ones I've seen recently. However, I have seen--over the past several years-- various sizes of 30.06 signs posted around the campus. They just don't seem to last.......maybe its all the construction, maybe its random destruction.

Either way, I've seen the signs on Boston, on Flint, and particularly on Indiana. For those not familiar with Tech, these are all Lubbock public streets that intersect parts of the campus.

I'm not a student there, and have no business on campus. These are public streets that I drive on going from place to place.


AV8R
Member deactivated at member's request
Posts in topic: 2
Posts: 300
Joined: Tue Apr 25, 2006 10:30 am
Location: West Texas

#23

Post by AV8R » Thu May 03, 2007 11:37 pm

The situation at Texas Tech soon may change (for the better).


Russell
Senior Member
Posts in topic: 3
Posts: 2825
Joined: Sat May 20, 2006 12:46 pm

#24

Post by Russell » Fri May 04, 2007 12:29 am

I wonder about that.... say for instance A&M posts a 30.06 sign on one of their streets that runs through the campus that they own... how exactly would that work? Would you just not be allowed to drive down the street while carrying?
http://www.texas3006.com - Texas 30.06 and 30.07 Signage Database.
Join us on Facebook at http://www.facebook.com/texas3006


AV8R
Member deactivated at member's request
Posts in topic: 2
Posts: 300
Joined: Tue Apr 25, 2006 10:30 am
Location: West Texas

#25

Post by AV8R » Fri May 04, 2007 5:42 pm

AV8R wrote:The situation at Texas Tech soon may change (for the better).
Update: The 30.06 signs posted at the entrances to the campus will be taken down sometime this month. According to the chancellor, having your sidearm in your car or on the grounds is fine, as long as you are licensed and do not carry in buildings. Exceptions are being granted to LEOs who are students.

Post Reply

Return to “General Texas CHL Discussion”