Carry at Parole Office

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply
Shoot_First
Member
Posts: 189
Joined: Wed Sep 12, 2007 5:25 pm
Location: Texas

Carry at Parole Office

Post by Shoot_First »

I note many posts which tell us that a 30.06 sign is inappropriate for a government office. Today, while near the county courthouse in Orange, I saw a county building with a 30.06 sign so I doubled back for a closer look. Turns out the signs were on the public and employee entrances of the county Adult Probation Office. Good to know that the parolees, who can't have a CHL are properly informed that the CHL "good guys" cannot enter while carrying. I want to take issue with the signage to the County Commissioners' Court, but I need to be on firm legal ground. Could the highlighted portion of the following support the 30.06 signs on this county government building? Chas or SeamusTX HELP needed!!

"PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) 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, on or about the license holder's
person:

(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 governmental entity. …."
User avatar
seamusTX
Senior Member
Posts: 13551
Joined: Fri May 12, 2006 12:04 pm
Location: Galveston

Re: Carry at Parole Office

Post by seamusTX »

PC 46.035(c) was modified later by clause (i):
(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.
IMHO, the legislature intended this clause to be used for government meetings such as city council or commissioners court meetings. These meetings are defined in the statutes (http://tlo2.tlc.state.tx.us/statutes/do ... 551.001.00) as involving a quorum of members and requiring an agenda to be posted. They are not supposed to include casual meetings of city or county employees.

Many cities and counties use this ambiguous language to post their entire city hall and other premises.

There's not much that you can do beyond writing letters to the county judge and district attorney, and maybe speaking at a commissioner's court meeting. If you were rich, you could hire a lawyer and most likely would get an injunction forcing the county to remove the signs. Somebody did that in Houston.

Friendswood ISD was putting 30.06 signs on school parking lots. Charles Cotton may know the details of how they were persuaded to quit that. I don't.

Good luck if you try. Galveston County does the same thing, and for various reasons I have wimped out on confronting them.

I am not a lawyer and am not qualified to give legal advice.

- Jim
bdickens
Senior Member
Posts: 2807
Joined: Fri Feb 29, 2008 10:36 am
Location: Houston

Re: Carry at Parole Office

Post by bdickens »

I can't imagine that too many people with business at a parole office would be eligible for a CHL in the first place.
Byron Dickens
User avatar
seamusTX
Senior Member
Posts: 13551
Joined: Fri May 12, 2006 12:04 pm
Location: Galveston

Re: Carry at Parole Office

Post by seamusTX »

Attorneys, electricians, plumbers, computer installers ...

Also, judges and district attorneys have always been allowed to carry in Texas, but for several years they have been required to obtain a CHL. A 30.06 sign technically bars them, though I can't see one being arrested for carrying.

- Jim
Post Reply

Return to “General Texas CHL Discussion”