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Re: AISD signs

Posted: Tue Mar 20, 2012 3:03 pm
by sjfcontrol
Keith -- I'm sure the PISD (or AISD, for that matter) is not about to let the facts get in the way of their arguments.

Re: AISD signs

Posted: Tue Mar 20, 2012 4:34 pm
by 3dfxMM
Keith B wrote: Per TPC 30.06:
(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 we all know, premises is defined as 'building or portion of a building' and does not include sidewalk, parking lot, etc, so a 30.06 would be valid if posted for the building, but not the parking lot as that fits the exception in 30.06 since it is NOT a premise.
Assuming we are still talking about a public school, a 30.06 would not be valid for the building or the parking lot. If it is a private school or business, then it would be valid for the building or the parking lot. The premises definition does not come into play when it comes to posting of private property.

Re: AISD signs

Posted: Tue Mar 20, 2012 8:52 pm
by Keith B
3dfxMM wrote:
Keith B wrote: Per TPC 30.06:
(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 we all know, premises is defined as 'building or portion of a building' and does not include sidewalk, parking lot, etc, so a 30.06 would be valid if posted for the building, but not the parking lot as that fits the exception in 30.06 since it is NOT a premise.
Assuming we are still talking about a public school, a 30.06 would not be valid for the building or the parking lot. If it is a private school or business, then it would be valid for the building or the parking lot. The premises definition does not come into play when it comes to posting of private property.
Actually, yes it would be valid. 30.06 (e) states it only an exception if it is property of a government entity and is NOT not a premises or
other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035. So, in other words, if it IS a premises or
other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035, the even if owned by a government entity, 30.06 (e) exception does not apply and the sign would be valid. However, in the case of a school, it is basically redundant as 46.03 already covers the premise. Same would apply to a court.

Re: AISD signs

Posted: Tue Mar 20, 2012 9:22 pm
by Beiruty
30.06 at the entrance of the parking lot of school is invalid. Only buildings of a school are off limits if there is not sporting events on the playgrounds.

Re: AISD signs

Posted: Tue Mar 20, 2012 9:52 pm
by Keith B
Beiruty wrote:30.06 at the entrance of the parking lot of school is invalid. Only buildings of a school are off limits if there is not sporting events on the playgrounds.
Yep, already stated. However, the question is also, maybe they ARE valid? Even though they are not enforceable for the parking lot or sidewalk, they could kick in once you hit the premise. All 30.06 says is they must be conspicuously posted, which the entrance to the parking lot is conspicuous.

Funny thing is, being charged under 30.06 or 46.03 either one is a Class A Misdemeanor.

Re: AISD signs

Posted: Tue Mar 20, 2012 10:01 pm
by sjfcontrol
Beiruty wrote:30.06 at the entrance of the parking lot of school is invalid. Only buildings of a school are off limits if there is not sporting events on the playgrounds.
A 30.06 at the entry of a PRIVATE school parking lot is valid -- though it wouldn't stop carry under MPA as long as the gun remained in the car.

Re: AISD signs

Posted: Tue Mar 20, 2012 10:08 pm
by Oldgringo
Please forgive the digression but what's the difference between an Independent School District and a Dependent School District? If all Texas public schools are ISD's, why not drop the extra writing, ink usage and paint? Inquiring minds...?

Re: AISD signs

Posted: Tue Mar 20, 2012 10:36 pm
by MasterOfNone
Oldgringo wrote:Please forgive the digression but what's the difference between an Independent School District and a Dependent School District? If all Texas public schools are ISD's, why not drop the extra writing, ink usage and paint? Inquiring minds...?
EGO. Just ask any 18-year-old the difference between dependent and independent.

Re: AISD signs

Posted: Tue Mar 20, 2012 10:38 pm
by jimlongley
Keith B wrote:
sjfcontrol wrote: Plano ISD claims they are not a government agency -- only a "pseudo-government agency", whatever that is. :banghead:
Where did you hear this? I have not heard them calim anything other than they feel they are valid.
That is a similar answer to the one I got from them when they first put up the signs.

Re: AISD signs

Posted: Wed Mar 21, 2012 8:51 am
by Keith B
Oldgringo wrote:Please forgive the digression but what's the difference between an Independent School District and a Dependent School District? If all Texas public schools are ISD's, why not drop the extra writing, ink usage and paint? Inquiring minds...?
Idenepndent School Districts have sufficient administrative and fiscal autonomy to qualify as independent governments. They exclude school systems that are “dependent” on a county, municipal, township, or state government.

There is a lot more here on 'types' of geovernment entities http://www.census.gov/govs/www/06classi ... ter01.html" onclick="window.open(this.href);return false;

Re: AISD signs

Posted: Wed Mar 21, 2012 10:22 am
by Oldgringo
Keith B wrote:
Oldgringo wrote:Please forgive the digression but what's the difference between an Independent School District and a Dependent School District? If all Texas public schools are ISD's, why not drop the extra writing, ink usage and paint? Inquiring minds...?
Idenepndent School Districts have sufficient administrative and fiscal autonomy to qualify as independent governments. They exclude school systems that are “dependent” on a county, municipal, township, or state government.

There is a lot more here on 'types' of geovernment entities http://www.census.gov/govs/www/06classi ... ter01.html" onclick="window.open(this.href);return false;
Thanks, Keith. Now I understand when the local wipe states that xxxx has set the tax rates for the coming year at yyyy.

Re: AISD signs

Posted: Wed Mar 21, 2012 1:29 pm
by J.R.@A&M
jamullinstx wrote:The location where I saw the signs was at Anderson High School, but I believe they are all over the district.
I also saw one last week at Highland Park Elementary // Perry Playground.

Re: AISD signs

Posted: Wed Mar 21, 2012 3:43 pm
by 3dfxMM
Keith B wrote:
3dfxMM wrote:
Keith B wrote: Per TPC 30.06:
(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 we all know, premises is defined as 'building or portion of a building' and does not include sidewalk, parking lot, etc, so a 30.06 would be valid if posted for the building, but not the parking lot as that fits the exception in 30.06 since it is NOT a premise.
Assuming we are still talking about a public school, a 30.06 would not be valid for the building or the parking lot. If it is a private school or business, then it would be valid for the building or the parking lot. The premises definition does not come into play when it comes to posting of private property.
Actually, yes it would be valid. 30.06 (e) states it only an exception if it is property of a government entity and is NOT not a premises or
other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035. So, in other words, if it IS a premises or
other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035, the even if owned by a government entity, 30.06 (e) exception does not apply and the sign would be valid. However, in the case of a school, it is basically redundant as 46.03 already covers the premise. Same would apply to a court.
A 30.06 at a government owned building that is not a court or a place where a government meeting is taking place has no meaning. It isn't valid for anything outside the buildings and the buildings are already off-limits. I guess I am taking has no meaning nor impact as the same as invalid and you are not. :)

Re: AISD signs

Posted: Wed Mar 21, 2012 4:56 pm
by Keith B
3dfxMM wrote:A 30.06 at a government owned building that is not a court or a place where a government meeting is taking place has no meaning. It isn't valid for anything outside the buildings and the buildings are already off-limits. I guess I am taking has no meaning nor impact as the same as invalid and you are not. :)
It's kind of semantics. While I agree it would have no ADDITIONAL impact, and they probably wouldn't/couldn't charge you with both a violation of 46.03 and 30.06, but I believe the 30.06 sign WOULD be a valid posting and could be used to charge you at the school BUILDING. But again, it is not needed as it is already a place off limits.

Maybe Charles can weigh in on this as to if the sign would be valid at the building on top of the 46.03 already being in effect. :thumbs2:

Re: AISD signs

Posted: Wed Mar 21, 2012 6:37 pm
by WildBill
Keith B wrote:
Oldgringo wrote:Please forgive the digression but what's the difference between an Independent School District and a Dependent School District? If all Texas public schools are ISD's, why not drop the extra writing, ink usage and paint? Inquiring minds...?
Idenepndent School Districts have sufficient administrative and fiscal autonomy to qualify as independent governments. They exclude school systems that are “dependent” on a county, municipal, township, or state government.

There is a lot more here on 'types' of geovernment entities http://www.census.gov/govs/www/06classi ... ter01.html" onclick="window.open(this.href);return false;
Like Oldgringo, I am [relatively] new to Texas and never knew that. :tiphat: