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Re: CHL Holder arrested at Denton Mental Health Facility
Posted: Sun Jan 24, 2010 11:37 pm
by dicion
Kinetic wrote:chabouk wrote: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.
Re: CHL Holder arrested at Denton Mental Health Facility
Posted: Sun Jan 24, 2010 11:53 pm
by ScottDLS
Kinetic wrote:chabouk wrote: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 ยง46.035. 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.
Re: CHL Holder arrested at Denton Mental Health Facility
Posted: Sun Jan 24, 2010 11:57 pm
by mr surveyor
this is a two month old thread.... any new information on the subject?
Re: CHL Holder arrested at Denton Mental Health Facility
Posted: Mon Jan 25, 2010 12:46 am
by Kinetic
dicion wrote:Kinetic wrote:chabouk wrote: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?
Re: CHL Holder arrested at Denton Mental Health Facility
Posted: Mon Jan 25, 2010 1:29 am
by boomerang
Legal evolution. It grew an (i) later.
Re: CHL Holder arrested at Denton Mental Health Facility
Posted: Mon Jan 25, 2010 1:30 am
by 3dfxMM
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.
Re: CHL Holder arrested at Denton Mental Health Facility
Posted: Mon Jan 25, 2010 9:51 am
by Kinetic
Ahhh, amended, that makes sense now. Thanks for clearing that up for me.
Re: CHL Holder arrested at Denton Mental Health Facility
Posted: Mon Jan 25, 2010 11:26 am
by Rex B
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.
Re: CHL Holder arrested at Denton Mental Health Facility
Posted: Mon Jan 25, 2010 6:17 pm
by dicion
Re: CHL Holder arrested at Denton Mental Health Facility
Posted: Tue Jan 26, 2010 10:29 am
by texas1234
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.
Re: CHL Holder arrested at Denton Mental Health Facility
Posted: Wed Jan 27, 2010 12:15 am
by surprise_i'm_armed
Rex B wrote: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
