He was charged as a concealed carry license holder with carrying a weapon into a prohibited place.
This is either the wrong charge, or it's being reported wrong.
A hospital, even a mental health facility, is not a prohibited place. Maybe it was posted 30.06 and they charged him with trespass. But can it really be trespass if the person is there involuntarily and trying to leave?
Technicalities aside, it sounds like he really doesn't need to be carrying.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(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:
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
Ya gotta keep reading alllll the way down to (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.
He was charged as a concealed carry license holder with carrying a weapon into a prohibited place.
This is either the wrong charge, or it's being reported wrong.
A hospital, even a mental health facility, is not a prohibited place. Maybe it was posted 30.06 and they charged him with trespass. But can it really be trespass if the person is there involuntarily and trying to leave?
Technicalities aside, it sounds like he really doesn't need to be carrying.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(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:
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
Actually, I am really surprised because based on the circumstances described in the paper and posts above, he was charged under exactly the RIGHT part of PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. Now if the hospital was not posted then 46.035(b)(4) quoted above does not apply:
46.035(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.
However, if it was properly 30.06 posted, then either 46.035 or 30.06 would apply.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
He was charged as a concealed carry license holder with carrying a weapon into a prohibited place.
This is either the wrong charge, or it's being reported wrong.
A hospital, even a mental health facility, is not a prohibited place. Maybe it was posted 30.06 and they charged him with trespass. But can it really be trespass if the person is there involuntarily and trying to leave?
Technicalities aside, it sounds like he really doesn't need to be carrying.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(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:
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
Ya gotta keep reading alllll the way down to (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.
A Hospital Still needs to be posted 30.06.
How did I miss that? Thanks for the correction. But I am puzzled. Why would they make special provision for hospitals when any place is off limits when posted with 30.06?
Because hospitals were off limits even without a 30.06 before they changed it. Now, they are making it clear that they are only off limits if they post the 30.06.
Kinetic, I agree technicalities dont really matter in this case. He flipped his lid, obviously has issues and doesnt need to be carrying anyway. This case just reminded me that life can be tough and thats when we all need to take a chill pill and say "geeze is that goal regulation size or what!?!?" and then move on. Otherwise you end up like this dude.
surprise_i'm_armed wrote:Wouldn't it be nice if Denton PD put that .40 Sig up for sale so
some non-mentally disturbed CHL could buy it?
Denton's just up the road from me. If the price was right, I'd be
on that like lint on a blue suit. :-)
If it were you, and the police confiscated your weapon, wouldn't you prefer it go to a family member if you could no longer carry?
I sure would not feel right about profiting from another CHLers misfortune.
Well, to tell you the truth, I hadn't thought about the family getting first dibs on the gun.
My comment was more in jest than a serious plan of action, should the gun become available.
Now if it was a 1911 or an XD, maybe I'd resume my callous attitude. :-)
SIA
N. Texas LTC's hold 3 breakfasts each month. All are 800 AM. OC is fine.
2nd Saturdays: Rudy's BBQ, N. Dallas Pkwy, N.bound, N. of Main St., Frisco.
3rd Saturdays: Golden Corral, 465 E. I-20, Collins St exit, Arlington.
4th Saturdays: Sunny St. Cafe, off I-20, Exit 415, Mikus Rd, Willow Park.
