TYC parking lot

[barham-c]

As an employee of the Texas Youth Commission I have been told that I cannot have a firearm in my personal vehicle while it is in the parking lot outside the fence. Is this correct?

[longtooth]

Welcome abard sir. I dont have an answer for you but one of our legal guys will very shortly I am sure.
Glad to have you.

[40FIVER]

I can't help you either, but welcome to the forum. BTW, we have the same last name and the same first initial. That's pretty rare.

[KBCraig]

http://austin.tyc.state.tx.us/Cfinterne ... ap8131.htm

Chapter: .81 Interaction with the Public
Rule: .31 Weapons and Concealed Handguns

ACA Standard(s):

Effective Date:12/18/03, T-63
Replaces: GAP.81.31
Dated: 10/01/97, T-41



I. RULE

1. Purpose.

The purpose of this rule is to ensure that with regard to weapons and concealed handguns, the Texas Youth Commission (TYC) provides for the safety and security of its staff, youth, and the public.

2. Possession of weapons, as defined in §46.01, Texas Penal Code, is prohibited on the premises of buildings, offices, facilities, or programs operated by or under contract with TYC except:

1. as specifically authorized by the executive director;

2.

when carried by a law enforcement officer who is responding to a call by TYC in an emergency situation; or
3. as provided in subsection (c) of this policy.

3. Possession of a concealed handgun, as authorized under Subchapter H, Chapter 411, Government Code, is authorized on the premises of all buildings, offices, facilities, or programs operated by or under contract with TYC except:

1. on the premises of residential facilities or programs operated by or under contract with TYC at which education is provided to youth; and

2. by TYC employees, volunteers and contractors.

(TAC effective date(s): 12/14/03; 12/31/96)

II. MANAGEMENT REQUIREMENTS

The The following sign shall be posted in English and Spanish at all residential facilities or programs operated by or under contract with TYC at which education is provided to youth.

"Pursuant to Section 30.06, Penal Code (Trespass by Holder of License to Carry a Concealed Handgun), a person licensed under Subchapter H, Chapter 411, Government Code (Concealed Handgun Law), may not enter this property with a concealed handgun."
(Article 4413 (29ee), Revised Statutes has been codified at Chapter 411, Subchapter H, Government Code)

"Conforme a la Sección 30.06 Del Côdigo Penal (Traspasar Portando Armas De Fuego) personas con licencia bajo authoridad del Capitulo 411, Sub-Capitulo H, Côdigo de Gobierno (Ley De Portar Armas), no deben entrar a esta propiedad portando un arma de fuego."

[srothstein]

This is an interesting rule. First, it references something which does not exist where referenced (definition of weapons or possession, neither of which is defined in 46.01). Second, it tries to stop peace officers who are not responding to a call from carrying, which they have no legal authority to do (not even criminal trespass under 30.05).

Even weirder is the third thing I noticed. It is giving permission for a CHL to have a firearm in a place that it cannot legally do. 46.035 says a CHL may not carry in a correctional institution. This policy is saying you can carry in their facilities under a CHL if there is no education going on there. While I thought all of their facilities that held juveniles also provided education, this is not necessarily a fact. If they have a medical facility, for example, you could carry a CHL there under this policy but not under the law (it would still be a correctional institution)

[Mithras61]

Actually, §46.01 defines weapons, which is what I think they are referring to in their rule citation.

I agree that they seem to have a somewhat odd intepretation of the law, though.

[stevie_d_64]

First they "authorize"...

Then they 30.06 us...

I know I am stupid to the core, but I just don't want anyone to assume that if "I" can carry in some place or event Steve will go there just to do it...

My brother used to work at the TYC up near Hunstville while going to school at Sam Houston...So I kinda know what goes on (or has gone on in the past) around there...

[Rex B]

So, to the OP, is the facility where you would be working posted with correct 30.06 signs?

If not, that may give you a defense.

[casselthief1]

I think the thing to consider here is that you were wanting to know about your vehicle.
unless the actual parking lot is posted, you should be fine.

[barham-c]

This facility is posted with 30;06 signs,but it is outside the perimeter fence and open to the public,it is also away from the kids or any buildings. A place for visitors and staff to park.

[casselthief]

in that instance, I would have to say, for my opinion, I am not a lawyer, but what I would do, is, leave yer heater in the trunk.
If the sign is on the outside like that, I think they are trying to exclude from carrying anywhere inside.
to that effect, I'd have to say that includes the parking lot.
but, like I said, that's just my interpretation from what you've told us.
and once again, that's just what I'd do.

[barham-c]

According to the powers that be the trunk is not sufficient,if they have probable cause they bring in leo plus they randomly bring in dogs.

[Rex B]

Gun-sniffing dogs?

You know, I'd think an unloaded handgun locked in a car trunk would fall outside of a 30.06 posting. Surely a rifle would.

[barham-c]

I don't know, but have been told the dogs will hit on the smell of gunpowder and if while walking them thru the lot, if they happen to hit on your vehicle they are going to search.Also we were told that a deer rifle or shotgun in your vehicle was illegal too.

[Rex B]

In that case, I'd probably spill some gunpowder in the trunk just to give the dogs something to do until you resolve the situation. Maybe add a reloading tool for good measure. After a couple times looking in your trunk for nothing, they may stop.