Diode wrote:
I think your on the mark with this but I also like knowing what the LEO's are thinking is correct
thanks!
Remember that PC 46.035's definition of "premises" only applies to PC 46.03 and 46.035. Therefore what the officer told you regarding your "premises" is probably accurate, but doesn't apply when talking about CHL's and places off limits. Am I reading what you wrote correctly, Chas?
Correct, with one slight clarification. The narrow definition of "premises" applies to everyone with regard to TPC §46.03, not just CHL's.
Diode wrote:
I think your on the mark with this but I also like knowing what the LEO's are thinking is correct
thanks!
Remember that PC 46.035's definition of "premises" only applies to PC 46.03 and 46.035. Therefore what the officer told you regarding your "premises" is probably accurate, but doesn't apply when talking about CHL's and places off limits. Am I reading what you wrote correctly, Chas?
Correct, with one slight clarification. The narrow definition of "premises" applies to everyone with regard to TPC §46.03, not just CHL's.
Chas.
Let me see if I have some sort of grip on this, "premises" applies to buildings and private parking lots in the everyday normal world. When refering to a CHL holder it applies to the building its self and not the grounds unless a school activity is happening?.
Example 1: If I am dropping my kids off at school I can run through the parking lot and be able to carry my weapon. As unarmed Joe Normal if I was told to leave the school "premises" it would mean grounds and all inside the school area.
SO.... I would assume if the school is having a bake sale out in the front parking lot it then becomes the "premises" of a school activity much like a football game in the stadium and be off limits.?
Spending the afternoon in the pokey because the school principal and the peace officer that responds to the "man with gun" call don't know the law is not my idea of a pleasant time! I don't carry on a school playground.
Photoman wrote:Spending the afternoon in the pokey because the school principal and the peace officer that responds to the "man with gun" call don't know the law is not my idea of a pleasant time! I don't carry on a school playground.
Valid point but if your carrying correctly they won't know your the man with the gun. I just sat down with 3 of my local LEO's and we looked up the law Chas mentioned and they all 3 were suprised it was there but explained as Chas did there is no way they can know all the laws.
My reasoning is to know that if I do trip and fall in a school parking lot expose my weapon and a LEO driving by sees it and arrest me I can make it through the legal system and maintain my CHL status.
With this knowledge I can drop my kids off at school on the way to work without having to disarm.
Photoman wrote:Spending the afternoon in the pokey because the school principal and the peace officer that responds to the "man with gun" call don't know the law is not my idea of a pleasant time! I don't carry on a school playground.
There is no ''man with a gun call'' if you are concealed as you should be.
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kd5kw:
I messed up responding to one of your posts. I meant to quote it, but apparently hit the edit button by mistake. I can't go back an undo it at this point, so please re-post.
Charles, this is as close as I can get to my original post.
GC §411.203.
RIGHTS OF EMPLOYERS.
This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter from carrying a concealed handgun on the premises of the business.
PC §30.05. CRIMINAL TRESPASS.
(a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means: (A) oral or written communication by the owner or someone
with apparent authority to act for the owner;
Rights of an emplyer are effective if given in any form of communication. If you're told you can't carry over a cup of coffee... that's all that is required.
If you're given notice in a handbook that you can't carry on company proerty or in a company vehicle... that's all that is required.
If your're an employee the Ghostbuster sign is all that it takes to make you in violation of the company's policy and you can be fired. You can't be charged with criminal trespass but you can be fired.
If you're sitting in MickeyD's eating a hamburger and a pimply faced 16 year old comes over to you and request you leave because he caught a glimpse of your weapon, then you have to leave because that kid is an employee acting in behalf of that restraunt. That doesn't mean that you can't go put your weapon in the car and then come back in and VERY POLITELY ask for the manager and explain who you are, and what it means to have a CHL.
The key is being polite!!!
One more thing...
In here in Texas we have the 30.06 sign... no where else but Texas do we have this sign!
In Ohio, for example, the Ghostbuster sign IS THEIR SIGN!
In New Mexico, for example #2, you can't go into ANY store that sells alcohol... PERIOD.
That means you can't go into Wal-Mart in New Mexico, or Safeway, Kroger! Neither can you go into any restraunt that sells alcohol such as Chili's or Red Lobster.
It's very important that you know the rules of the state that you travel to/through.
propellerhead wrote:The instructor in my CHL class said "premises" is the building and parts of the building. He said it does not include the parking lot or driveway. I would think the playground would not be part of the building.
That's correct. It doesn't include parking lots, sidewalks, patios, etc...
cjlandry wrote:What about the "Gun Free Zones" around schools?
That means if you commit a offence with a gun within that zone you will be charged to the next higher degree.
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Young People pratice to get better, Old folk's pratice to keep from getting WORSE. Me
Photoman wrote:Spending the afternoon in the pokey because the school principal and the peace officer that responds to the "man with gun" call don't know the law is not my idea of a pleasant time! I don't carry on a school playground.
There is no ''man with a gun call'' if you are concealed as you should be.
In that case, I'll just ignore the prohibited places laws and carry anywhere I please.
