Disarmed at Mediacl Baylor Center, in Plano.

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Beiruty
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Disarmed at Mediacl Baylor Center, in Plano.

Post by Beiruty »

I had to quick visit at the Medical Center in Plano,TX. While parking I saw something like "notice" posted on all entrances. I thought this might be a 30.06. So, when I parked, I removed my pistol and left in the glove box. I proceeded and went straight to have a close inspection for the the notices. It was a mere non-smoking notice with $500 fine warning. I thought to go and check if the whole established is anyhow posted or CHL are not allowed to carry. At the PDS office in the Garage, I was refereed to on-site Sgt. who was promptly paged. I explained my concerned and asked about concealed carrying on the premises. He immediately claimed that I can not carry since it is a hospital. I mentioned that there is no 30.06 anywhere posted and when I felt that our Sgt has no clue about 30.06. I thanked him and informed him that I already left my firearm in my car. He responded by an immediate request to produce the CHL, which I did and got it back in few sec later.

End of story, even if not posted and on-site LEOs do not want you armed, it is better to yield.

I proceeded with my visit with no further issues.
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joe817
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by joe817 »

:iagree: I find it interesting that CHL holders are more up on the law than LEO's....in some cases.
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by longtooth »

In a LOT of cases. :iagree:
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by RedRaider »

If there isn't a properly conforming 30.06 sign posted at the entrance then I stick with the "don't ask don't tell policy"....except at prohibited places like schools and this place sounds like it may be affiliated with Baylor so I'm thinking they would not need signs to restrict concealed carry.

Edit: I know I've seen it on here before, but does an affiliate like this fall under a school or hospital?
Last edited by RedRaider on Thu Jul 02, 2009 6:16 pm, edited 1 time in total.
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Beiruty
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by Beiruty »

Hospitals do need 30.06 notices to restrict access. Only courts, prisons and secured are of police do not need signs, am I correct or what?


GC§411.204. NOTICE REQUIRED ON CERTAIN PREMISES.
(a) A business that has a permit or license issued under Chapter
25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51
percent or more of its income from the sale of alcoholic beverages for
on-premises consumption as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage
Code, shall prominently display at each entrance to the business
premises a sign that complies with the requirements of Subsection (c).
(b) A hospital licensed under Chapter 241, Health and Safety Code,
or a nursing home licensed under Chapter 242, Health and Safety
Code, shall prominently display at each entrance to the hospital or
nursing home, as appropriate, a sign that complies with the requirements
of Subsection (c) other than the requirement that the sign
include on its face the number "51".
(c) The sign required under Subsections (a) and (b) must give
notice in both English and Spanish that it is unlawful for a person
licensed under this subchapter to carry a handgun on the premises.
The sign must appear in contrasting colors with block letters at least
one inch in height and must include on its face the number "51" printed
in solid red at least five inches in height. The sign shall be displayed in
a conspicuous manner clearly visible to the public.
(d) A business that has a permit or license issued under the Alcoholic
Beverage Code and that is not required to display a sign under
this section may be required to display a sign under Section 11.041 or
61 .?AIlc,oh olic Beverage Code.
(e) This section does not apply to a business that has a food and
beverage certificate issued under the Alcoholic Beverage Code.
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mikeintexas
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by mikeintexas »

That's what I see. No sign, no duty to disarm.
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by KFP »

You are correct - PC 46.03

(4)AAthe 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;
(5)AAin an amusement park; or
(6)AAon the premises of a church, synagogue, or other
established place of religious worship.

......

(i)AASubsections (b)(4), (b)(5), (b)(6), and (c) do not apply
if the actor was not given effective notice under Section 30.06.
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C-dub
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by C-dub »

In my younger days I too would have asked. However, I am not that young any more and am a great deal wiser. In theory...

Don't ask, so they can't tell. Sorry to have to say it, but concealed is concealed. If they can't follow the law, what they don't know won't hurt me.
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by Right2Carry »

Once you asked whether or not the place was posted it appears that the officer gave you verbal notice. I am not a lawyer nor do I pretend to be one. I never would have asked the question.
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Beiruty
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by Beiruty »

I was at DPS office, and I was testing their knowledge, I have already left my pistol in my car and was not even interested in going back to my car and put it on me.

Verbal notice is not sufficient unless of course I was asked to leave the private premises. It was a matter of courtesy of me to yield not a legal requirements.
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C-dub
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by C-dub »

Well, you may be right. He did tell you that you cold not carry because it was a hospital, which, on it's own, is an incorrect assumption. He gave you false information.

What does everyone else think?
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mikeintexas
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by mikeintexas »

C-dub wrote:Well, you may be right. He did tell you that you cold not carry because it was a hospital, which, on it's own, is an incorrect assumption. He gave you false information.

What does everyone else think?
I agree. But also, if there is no sign, don't ask. Like they said concealed is concealed.
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by joe817 »

For the purpose of discussion, and I'm doing this more for my benefit to see if I'm grasping the material correctly.....

when Beiruty asked the security person in charge if concealed carry was ok, and he basically responded, "no, this is a hospital, firearms are forbidden" (or words to that effect)....

was that security person's statement a valid verbal notice?
Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.
It may be obvious to some of you, but to me.....it's not.
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by mikeintexas »

Joe, let me say that IANAL, but with Beiruty asking and being told hospitals are forbidden, that could serve as verbal notice. If the question hadn't been asked, there would have been no issue. So in answer to your question, I'm not sure if that was proper verbal notice, but I would have probably yeilded in this case also.

Now, Beiruty, you mentioned the person you talked to as "Sgt." Was he a LEO, or private security? If he was private security, I'm not sure I have the duty to show him my CHL.

I am looking for answers now!
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Re: Disarmed at Mediacl Baylor Center, in Plano.

Post by joe817 »

mikeintexas wrote:Joe, let me say that IANAL, but with Beiruty asking and being told hospitals are forbidden, that could serve as verbal notice. If the question hadn't been asked, there would have been no issue. So in answer to your question, I'm not sure if that was proper verbal notice, but I would have probably yeilded in this case also.

Now, Beiruty, you mentioned the person you talked to as "Sgt." Was he a LEO, or private security? If he was private security, I'm not sure I have the duty to show him my CHL.

I am looking for answers now!
Mike that's exactly what I'm looking for. You just confirmed what I was thinking all along. Thank you. Gosh, this stuff may be finally soaking in. :headscratch
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