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The basic rule still applies. If it is not posted with proper 30.06 sign, you can carry there. The fine points are more along the lines of what happens when you do carry there in violation of the law.

srothstein wrote:

barres wrote:So you're saying we are guilty of violating PC46.035 when we enter an posted, government-owned hospital, even though PC46.035(i) sates, "Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06," even though PC30.06 is excepted by clause (e), so no effective notice can be given there? I understand the double trouble we could be in by entering a posted hospital.

What you are missing is that effective notice is specifically defined in section 30.06. Remember section (b) defines notice as meaning oral or the specific sign.

So, the prohibited place is prohibited if you see the sign or are orally informed that no guns are allowed.

And, since I missed the clause posted about not effective on government property unless it is prohibited, you would still be able to be charged with both offenses at once.

I'm sorry. I'm not trying to be think-headed, but I don't see how you can receive effective notice to be in violation of 46.035 at a location where 30.06 does not apply (property owned or leased by a governmental entity), since 30.06 defines effective notice.

srothstein,

"The fine points are more along the lines of what happens when you do carry there in violation of the law."

Meaning: - Ignoring 30.06 and carrying anyway?

If this isn't what you mean, is the average law abiding person expected to divine this mystery without actually knowing how?

(I suppose my frustration is showing...)

barres wrote:I'm sorry. I'm not trying to be think-headed, but I don't see how you can receive effective notice to be in violation of 46.035 at a location where 30.06 does not apply (property owned or leased by a governmental entity), since 30.06 defines effective notice.

Well, maybe it would help to consider it to be like the definition of premises. It is written in one section and referenced from another section. The definition of effective notice is given in 30.06 but referenced in 46.035. Thus, the definition applies to 46.035 but not the law (30.06).

Abraham wrote:srothstein,

"The fine points are more along the lines of what happens when you do carry there in violation of the law."

Meaning: - Ignoring 30.06 and carrying anyway?

If this isn't what you mean, is the average law abiding person expected to divine this mystery without actually knowing how?

(I suppose my frustration is showing...)

Well, not really, but I do understand your frustration. The law is not easy to follow sometimes, especially with the real world politics that we have to play to get some things passed.

I think the best thing to remember is that we are talking about some of the really finer points of the law. If you follow the general rules, you will be fine.

The safe legal advice is to not carry if the place is listed in 46.035 and not carry if posted with a 30.06 sign. There are exceptions to the rule, but if you get into the exceptions it may start getting confusing and you take chances.

I would love to see plainly written laws, if just to make my job easier. I would also love to see all of chapter 46 repealed, but I don't honestly expect to see either one happen in my lifetime.