Yes,, Another 30.06 Question

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ddstuder
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Yes,, Another 30.06 Question

Post by ddstuder »

I just left the Dallas County Tax office in Farmers Branch (I35 and Valley View) to get my vehicle registered. On the back wall, far away from the front door is a framed 8.5 x 11 sized 30.06 sign. It could not be legal due to its size (letters were not 1"). While I was in line, an armored truck made a delivery to the tax office. When the man brought the delivery in, he was wearing a pistol OC. Now I know that it is standard practice for those boys to be armed as they are delivering money, but they are not LEO. What kind of permit do they need to open carry, and would he be in violation of the 30.06, if it were legal? Also is it illegal for the tax office to post 30.06?
Guns are like parachutes, if your ever in a situation that you need one and you dont have one, you'll probably never need one again.
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boomerang
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Re: Yes,, Another 30.06 Question

Post by boomerang »

ddstuder wrote:While I was in line, an armored truck made a delivery to the tax office. When the man brought the delivery in, he was wearing a pistol OC. Now I know that it is standard practice for those boys to be armed as they are delivering money, but they are not LEO. What kind of permit do they need to open carry, and would he be in violation of the 30.06, if it were legal?
There's a loophole for somone who
holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies, if:
(A) the person is engaged in the performance of the person's duties as a security officer or traveling to and from the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;

30.06 only applies to CHL
ddstuder wrote:Also is it illegal for the tax office to post 30.06?
It may or may not be valid, but I don't know any laws against posting the sign.
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ScottDLS
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Re: Yes,, Another 30.06 Question

Post by ScottDLS »

ddstuder wrote:I just left the Dallas County Tax office in Farmers Branch (I35 and Valley View) to get my vehicle registered. On the back wall, far away from the front door is a framed 8.5 x 11 sized 30.06 sign. It could not be legal due to its size (letters were not 1"). While I was in line, an armored truck made a delivery to the tax office. When the man brought the delivery in, he was wearing a pistol OC. Now I know that it is standard practice for those boys to be armed as they are delivering money, but they are not LEO. What kind of permit do they need to open carry, and would he be in violation of the 30.06, if it were legal? Also is it illegal for the tax office to post 30.06?
The 30.06 sign, regardless of whether it meets the requirements for written notice, is NOT APPLICABLE, because the tax office is a government owned or leased building. This is clearly noted in Texas PC 30.06.

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN, (a) A license holder commits an offense if the license holder:
...
...
(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.

As noted earlier for an armed security guard, prohibition on carrying a handgun is non-applicable if:

PC §46.15. NONAPPLICABILITY.
...
(b) Section 46.02 does not apply to a person who:
...
(4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view;
...

Hope this helps.
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!!!!"
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ddstuder
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Re: Yes,, Another 30.06 Question

Post by ddstuder »

Thanks for the info. It just seems like a county tax office would know the laws well enough to know when they can or can not post 30.06. Or if it were legal to post, they could get the sign right.
Guns are like parachutes, if your ever in a situation that you need one and you dont have one, you'll probably never need one again.
ericlw
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Re: Yes,, Another 30.06 Question

Post by ericlw »

well i can tell you the guy who comes in the amored truck to pick up money and stuff hates people who get in his way or if the business makes them wait.most of them have a serious attitude.which i guess they have a reason to.
RPB
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Re: Yes,, Another 30.06 Question

Post by RPB »

Over in the Cities Improperly Posting 30.06 signs thread; I mentioned the identical situation and others.

Burnet County Tax Assessor/Collector and DPS Driver's License office in a Courthouse annex

City Utilities payments in the "Municipal Building" with the Municipal Court Fine Payments windows ....

Burnet County/Central Appraisal District posting a letter sized sign.
My County's County Attorney Attorney Considers the Tax Appraisal District Office a "Court" because the Appraisal Review Board has tax "hearings" there. So he said he considers it a Courthouse Annex. Sign may not be 30.06 compliant in size; would be improperly posted if County Property, HOWEVER his position is sign isn't even needed, just a courtesy since it's a COURT.

I disagree, but I'm not going to be the test case.

Sounds like Tax offices everywhere are trying the same thing .... Wonder if government anti-gun prosecuting attorneys are telling them to.

All they have to do is place an "office 'utilized by' a Court" by the front entrance door ....
(Yes, the Judge utilizes that office for storage.)
"Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1)....
(2)....
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court...
.
.
.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035."

Going to 46.035:
"(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."
I'm no lawyer

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ddstuder
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Re: Yes,, Another 30.06 Question

Post by ddstuder »

I just went back to this Tax office to get my MC tags. The 30.06 sign was no longer displayed. It looks like they may have just painted the wall that it was on, so they may put it back up, IDK.
Guns are like parachutes, if your ever in a situation that you need one and you dont have one, you'll probably never need one again.
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