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So... I can carry in the state Capitol building???

Posted: Sat Dec 29, 2007 10:45 pm
by Stupid
So... I can carry in the state Capitol building, right? Sorry, I am stupid. I got this right, right?

Re: So... I can carry in the state Capitol building???

Posted: Sun Dec 30, 2007 9:06 am
by Kalrog
Yes you can.

Re: So... I can carry in the state Capitol building???

Posted: Sun Dec 30, 2007 1:08 pm
by Charles L. Cotton
There are meetings of governmental entities in the State Capitol all the time. Yes, TPC §46.035(c) does apply, but only if there is a 30.06 sign at the door. I've never seen one, except toward the end of the 2007 session when one was placed at the Senate Gallery.

Chas.

Re: So... I can carry in the state Capitol building???

Posted: Sun Dec 30, 2007 1:38 pm
by pt145ss
My wife and i like to picnic on the capital's front lawn on a regular basis. I assume carry on the property is OK wether there are meetings or not...correct?

Re: So... I can carry in the state Capitol building???

Posted: Sun Dec 30, 2007 2:19 pm
by seamusTX
pt145ss wrote:My wife and i like to picnic on the capital's front lawn on a regular basis. I assume carry on the property is OK wether there are meetings or not...correct?
Yes. The only outdoor public place that is restricted for CHL carry are grounds where a school-sponsored event are being held, and the 1,000-foot radius around a place of execution.

- Jim

Re: So... I can carry in the state Capitol building???

Posted: Sun Dec 30, 2007 7:55 pm
by txinvestigator
Russell wrote:
Charles L. Cotton wrote:There are meetings of governmental entities in the State Capitol all the time. Yes, TPC §46.035(c) does apply, but only if there is a 30.06 sign at the door. I've never seen one, except toward the end of the 2007 session when one was placed at the Senate Gallery.

Chas.

I would think that the state capitol would fall under this:
(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.
So how could they have posted a legally binding 30.06 sign?
Govermental Entity meetings are covered under section 46.035, and as you can see in section e of 30.06 that you posted, the exclusion of gpvernment locations does not exist for places listed under 46.035.

What that means is a government owned facilty that posts a 30.06 sign is not really off limits to CHLers, UNLESS the government place is one of those listed in 46.035. Meetings of government entities ARE listed under 46.035, so the CAN post enforceable 30.06 signs.
Texas Penal Code
§ 46.035. Unlawful Carrying of Handgun by License Holder.

(c) 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, at any meeting of a governmental entity.

(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.