Gun free zone question

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Odinvalknir
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Re: Gun free zone question

#16

Post by Odinvalknir » Fri Aug 17, 2018 4:44 pm

Noggin wrote:
Fri Aug 17, 2018 2:23 pm
Odinvalknir wrote:
Fri Aug 17, 2018 8:12 am
IANAL, but here's my thoughts,

The one place i cannot simply stay away from because of their 30.06 sign is my bank. Of course with the bank I can avoid disarming by simply not going inside. In this day and age with most stuff being available online or over the phone, or just going through the drive thru.
Given what you said before the above quote I am surprised that you have not changed your bank. Both banks I have accounts with are sign free. At one of those banks the day my wife and I went there to open our accounts I open carried my 1911 in a leather thumbreak. I have open carried on all subsequent visits I just nod and smile at the security guard as I walk past him on the way in.
I probably should but my truck is financed through this Credit Union. So I am stuck with them until I can refinance it somewhere else.

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Charles L. Cotton
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Re: Gun free zone question

#17

Post by Charles L. Cotton » Fri Aug 17, 2018 6:55 pm

imkopaka wrote:
Fri Aug 17, 2018 2:32 pm
Charles L. Cotton wrote:
Fri Aug 17, 2018 12:09 pm
This thread is very close to violating Rule 4, but 1) since it is stated as a hypothetical; and 2) it offers an excellent learning opportunity, it will stay open. That said, folks responding need to be sure their post(s) don't advocate violating Texas law.

If a location is off-limits per TPC §46.03 or §46.035, but only if 30.06 notice is given, then walking past the sign creates to criminal violations. It is a violation of TPC §30.06 (Class C) and a violation of the relevant provision in §46.035 (Class A).

Remember also that there is no retreat duty before using deadly force, if you are legally present at the location where deadly force is used. If you violate TPC §30.06 (or TPC §30.07), then you are trespassing and you are not legally present when you use deadly force. This MAY mean you have a duty to retreat before using force. (I wrote "may" for a reason, but I'm not going into that on the Forum.)

Please remember, we reduced the penalty for passing a §30.06 sign to deal with situations where law-abiding people unknowingly enter an off-limits area because they missed a sign due to it's posting location, entered with a crowd, were distracted while entering, etc. It was not reduced to encourage the most law-abiding of Texans to make the conscious decision to violate TPC §30.06.

Chas.
Charles,

Isn't part of the justification clause for justified manslaughter (self-defense) that you were allowed to be in the area you were in (specifically allowed to be there WITH your licensed handgun)?
No. Also, there's no such legal concept of "justified manslaughter."

Chas.
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Grundy1133
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Re: Gun free zone question

#18

Post by Grundy1133 » Fri Aug 17, 2018 9:08 pm

Odinvalknir wrote:
Fri Aug 17, 2018 8:12 am

Situations like this are why secondary weapons and bare hand skills are important. My way of thinking is this, I just simply do not stop or shop in places posted 30.06. Plain and simple If a place has a .06 sign I will go elsewhere. If you're set on going to that place, and worried about having to defend yourself maybe think about carrying a second form of defense, like a knife, mace, taser, etc. Or build up and work on your empty handed skills.
:iagree: this is why i carry a taser and knives. lol.
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bigtek
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Re: Gun free zone question

#19

Post by bigtek » Sat Aug 18, 2018 3:16 pm

I avoid 46.03 locations except for voting and jury service.

I avoid 46.035 and 30.06 and 30.07 locations if possible, and carry a long gun if I can't. It's a bit of a hassle but it's prudent to have extra firepower in bars and other places where the legislature or property owner says handguns aren't sufficient.
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rdcrags
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Re: Gun free zone question

#20

Post by rdcrags » Thu Aug 23, 2018 4:04 am

Thanks for the answers and comments. But the laws are somewhat confusing. If it is a posted teaching hospital campus of buildings. does a Federal law kick in, subjecting the hypothetical violator to a felony charge, or is it a Class C misdemeanor?
TX CHL 1997

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