Just thinking here... 30.06 (e) makes it an "exception to the application of this section" for the location to be government owned or leased. We have noted that these are not illegal signs, and there's not much you can really do about these signs other than to ask someone nicely to remove it. But if one were arrested for concealed carry in such a location, would it be possible to sue the police (or someone) for something along the lines of false arrest? That is, you are being arrested for something that is not directly against the law, so similar to being arrested for having a moustache that the police don't like, or having the wrong skin color. But I don't know the specifics of these improper/false arrest laws, and I'm also not sure of the difference between it being "not against the law" vs. there being "an exception to the application" of a law to the specific situation you're in. Hoping for some of the legal or LEO types to post up opinions here.
I'd just like to think that there's some way to fight back on this front. In addition to the voting/political process of course. Thanks in advance!
Gov't owned bldg posting 30.06... false arrest?
Moderators: carlson1, Charles L. Cotton
Re: Gov't owned bldg posting 30.06... false arrest?
What people commonly call "false arrest" varies according to state and federal law.
I think the relevant law in Texas is Penal Code 39.03, Official Oppression.
It is very difficult to prove such a case, because it requires that the officer "intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;..."
It almost has to rise to the level of your mustache example to be a valid case of official oppression.
I think what would happen, if someone were arrested for one of these bogus 30.06 postings, the DA would drop the charge. You'd be stuck with bail bond and bunch of other hassles, and probably nothing else would change.
Many people have tried to protest this or that perceived injustice by getting arrested, and that is usually what happens to them. Prosecutors know that prosecution may lead to an appeal that gets the law clarified.
- Jim
I think the relevant law in Texas is Penal Code 39.03, Official Oppression.
It is very difficult to prove such a case, because it requires that the officer "intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;..."
It almost has to rise to the level of your mustache example to be a valid case of official oppression.
I think what would happen, if someone were arrested for one of these bogus 30.06 postings, the DA would drop the charge. You'd be stuck with bail bond and bunch of other hassles, and probably nothing else would change.
Many people have tried to protest this or that perceived injustice by getting arrested, and that is usually what happens to them. Prosecutors know that prosecution may lead to an appeal that gets the law clarified.
- Jim
Fear, anger, hatred, and greed. The devil's all-you-can-eat buffet.