City's CHL Policy

[Commander]

I found the following City of Rockwall Policy from their HR manual on their website:

It is the intent of the City of Rockwall to prohibit the carrying of concealed handguns inside certain city-owned or controlled premises. Possession of a concealed handgun inside certain city-owned or controlled premises, by any person other than peace officers, is forbidden and the City will take whatever steps reasonable and necessary to deny entry into or onto the premises of the Municipal Courts Building.

The City will post the appropriate signage and will provide other such notices in accordance with Section 30.05 of the Texas Penal Code (the Criminal Trespass Law). Persons in violation of this law will be denied entry or continued presence on City-owned or controlled premises, and violators will be prosecuted for the offense of criminal trespass.

I'm curious about the intent - it sounds like they are trying to use 30.05 instead of 30.06 to post. However, the Municipal Court is the only place I've seen posted (with 30.06). The council chambers are not posted. Since its in their HR manual, I'm wondering if it includes employees as well, it doesn't make that clear and this is the only reference in their HR manual to CHLs.

[shootthesheet]

They cannot prohibit CHL holders from carrying. Preemption does not allow them to make any law concerning a State power.

[Keith B]

As STS stated, they cannot override the state law with local ordinances. However, this may have been written in the early days of CHL (hence the 30.05 reference.) I believe they could post government locations until a later time when the statutes were amended disallowing them to prohibit a CHL from carrying unless it met the state statute for prohibition. If this is the case, they probably just never went back and took out the statement.

[bdickens]

Sorry, charlie, The Texas legislature has said that you can't have your own CHL policy.

[CWOOD]

I found the following City of Rockwall Policy from their HR manual on their website:

It is the intent of the City of Rockwall to prohibit the carrying of concealed handguns inside certain city-owned or controlled premises. Possession of a concealed handgun inside certain city-owned or controlled premises, by any person other than peace officers, is forbidden and the City will take whatever steps reasonable and necessary to deny entry into or onto the premises of the Municipal Courts Building.

The City will post the appropriate signage and will provide other such notices in accordance with Section 30.05 of the Texas Penal Code (the Criminal Trespass Law). Persons in violation of this law will be denied entry or continued presence on City-owned or controlled premises, and violators will be prosecuted for the offense of criminal trespass.

I'm curious about the intent - it sounds like they are trying to use 30.05 instead of 30.06 to post. However, the Municipal Court is the only place I've seen posted (with 30.06). The council chambers are not posted. Since its in their HR manual, I'm wondering if it includes employees as well, it doesn't make that clear and this is the only reference in their HR manual to CHLs.

I am not familiar with the layout of the Municipal Courts Building so take that into account.

Firstly, as was mentioned, the posting referencing 30.05 was probably a pre-CHL sign that was never changed. There are several if these in Austin. In any case, by statute, 30.05 does not apply to CHL holder when the only reason for exclusion is the handgun authorized by the CHL.

Secondly, 30.06 does not have meaning to a CHL holder when posted on a public building except at a meeting of a governmental body.

Thirdly, if the Municipal Courts Building has a function in line with its name, then the building is already off limits by statute and no sign posting is necessary to exclude CHL holders from those premisis.

Forthly, the City of Rockwall is permitted to restrict employees who are CHL holders from carrying as a condition of their employment. If one is found to be carrying with a CHL while on the job that person can be fired but not prosecuted.

The Texas Constitution confers the Legislature with sole power in regulating the carrying of arms. The concept of "preemption", where a city may overide the decisions of a state legislature, applies in some states to this issue but such is NOT the case in Texas.

[boomerang]

I found the following City of Rockwall Policy from their HR manual on their website:

If it's in their HR manual, it's probably meant to apply to employees and contractors as a condition of employment.

For example, many companies have a policy in their HR manual against drinking alcohol during business hours.

[DoubleActionCHL]

Secondly, 30.06 does not have meaning to a CHL holder when posted on a public building except at a meeting of a governmental body.

You bring up a good point; one that I probably neglect to convey to my students from time to time. The convoluted Section 46.035(i) that excludes the referenced amusement parks, hospitals, places of worship and meetings of governmental entities is not a complete exclusion. Because "any meeting of a governmental entity" is listed in 46.035, it is an exception to the "private property only" requirement of Section 30.06.

TPC Section 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.