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4413 (29ee)
Posted: Thu Jun 22, 2006 10:52 pm
by Kalrog
I have a couple of questions here. First - I went to a data center today (co-location facility) and they had a ghostbusters sign that referenced it being illegal to carry a handgun on the premises because of 4413 (29ee). Well, I can't seem to find the text of 4413(29ee). I have seen that 46.02 references 4413 (29ee), but that doesn't help me with the text of that statute.
Also, I know that sign wouldn't apply to me because I carry under 30.06. But this place required that I hand them my driver's license in order to gain entry. Well, 30.06 requires that I carry both a DL and a CHL while I am carrying. Opinions on this (and don't give me anything about not turning over my DL)? Was I legal without my DL since I was on private property and my DL was on the same property, just not under my direct control? I have some thoughts, but I would like to hear your opinions as well.
Posted: Thu Jun 22, 2006 11:00 pm
by jbirds1210
Could you carry a photo copy of your DL...just in case it ever became an issue with LE? Just a thought.
Jason
Posted: Thu Jun 22, 2006 11:00 pm
by txinvestigator
4413e is old law, and you are not under obligation to obey signs referencing it.
You only have to show your CHL to Peace Officers and magistrates when they ask for your ID.
You don't carry under 30.06. 30.06 is the trespass by a CHL holder statute. It does not reference carrying your DL and CHL at all.
The Texas Government Code, 411 H. references carrying your CHL.
Bottom line, you could legally carry there if no 30.06 sign was posted and the place was not a prohibited place under 46.03 or 46.035. You had no obligation to show your CHL
Posted: Thu Jun 22, 2006 11:02 pm
by txinvestigator
OHHH
I missed the point that they wanted to KEEP your ID while you were in there. Thats an interesting quandary.
Posted: Thu Jun 22, 2006 11:32 pm
by quidni
There are folks who have both a DL and a DPS-issued ID card... would something like that work in this kind of situation? I.e. give 'em the ID & hang on to the DL?
Posted: Fri Jun 23, 2006 12:27 am
by dpatterson
Sounds like you were visiting a Energy Providers data center... Theres one in Dallas that sounds just like what your describing...
DP
Posted: Fri Jun 23, 2006 6:44 am
by Kalrog
dpatterson wrote:Sounds like you were visiting a Energy Providers data center... Theres one in Dallas that sounds just like what your describing...
DP
It wasn't "Energy Providers", but I bet the process is fairly similar for a lot of them.
And yes, I could get a separate TX ID and then I could always have that... but I didn't have it yesterday. So I did what I thought was best and safest and now I am concerned that it might not have been legal. I have only been with my new company for 4 days and I didn't exactly want to tell my co-worker why I needed back into his truck for 30 seconds...
Posted: Sat Jun 24, 2006 11:35 pm
by Commander
Wonder what would have happened if you told them you were not a licensed driver and had no DL?
Just an observation: You don't have to be a licensed driver to have a CHL or to buy a car for that matter.
Re: 4413 (29ee)
Posted: Sun Jun 25, 2006 7:07 am
by cxm
I think it is a mistake to surrender your ID documents to anyone other than a police officer.
I absolutely would not do so for someone's hair-brained security program. Just tell them you don't have a DL. That always proves interesting...
Anyway, for a lot of reasons don't give up your DL. If they want to look at it ... maybe ok... but your DL number in the wrong hands is not a good thing.
FWIW
CHuck
Kalrog wrote:I have a couple of questions here. First - I went to a data center today (co-location facility) and they had a ghostbusters sign that referenced it being illegal to carry a handgun on the premises because of 4413 (29ee). Well, I can't seem to find the text of 4413(29ee). I have seen that 46.02 references 4413 (29ee), but that doesn't help me with the text of that statute.
Also, I know that sign wouldn't apply to me because I carry under 30.06. But this place required that I hand them my driver's license in order to gain entry. Well, 30.06 requires that I carry both a DL and a CHL while I am carrying. Opinions on this (and don't give me anything about not turning over my DL)? Was I legal without my DL since I was on private property and my DL was on the same property, just not under my direct control? I have some thoughts, but I would like to hear your opinions as well.
Posted: Sun Jun 25, 2006 7:13 am
by Kalrog
As I said before... I don't want advice about not giving up the ID. This is a service that my company is contracting for and we like the security and agreed to the procedures. They don't require a DL, but they do require a state ID of some sort - for me that means DL as I don't have any other kind to show.
Re: 4413 (29ee)
Posted: Sun Jun 25, 2006 9:03 am
by Commander
required that I hand them my driver's license in order to gain entry
.
Well, 30.06 requires that I carry both a DL and a CHL while I am carrying.
Was I legal without my DL since I was on private property
Sorry, I focused on these quotes and overlooked your mention about not wanting comments on turning your DL over.
Re: 4413 (29ee)
Posted: Sun Jun 25, 2006 10:36 am
by lrb111
Kalrog wrote:Well, 30.06 requires that I carry both a DL and a CHL while I am carrying..
Either i am not looking in the correct location, or am simply missing it, But can you point me to the place in 30.06 that requires the DL? (just trying to keep up)
Re: 4413 (29ee)
Posted: Sun Jun 25, 2006 10:41 am
by txinvestigator
lrb111 wrote:Kalrog wrote:Well, 30.06 requires that I carry both a DL and a CHL while I am carrying..
Either i am not looking in the correct location, or am simply missing it, But can you point me to the place in 30.06 that requires the DL? (just trying to keep up)
It doesn't, and I already pointed that out.
The Texas Government Code, Section 411 (H) requires you to present your Texas ID or DL to a peace officer of magistrate upon demand that you ID yourself, if you are carrying a handgun.
In essence, you have to carry either a TX DL or ID while carrying a concealed handgun.
Re: 4413 (29ee)
Posted: Sun Jun 25, 2006 10:46 am
by lrb111
txinvestigator wrote:lrb111 wrote:Kalrog wrote:Well, 30.06 requires that I carry both a DL and a CHL while I am carrying..
Either i am not looking in the correct location, or am simply missing it, But can you point me to the place in 30.06 that requires the DL? (just trying to keep up)
It doesn't, and I already pointed that out.
The Texas Government Code, Section 411 (H) requires you to present your Texas ID or DL to a peace officer of magistrate upon demand that you ID yourself, if you are carrying a handgun.
In essence, you have to carry either a TX DL or ID while carrying a concealed handgun.
I was just noew looking for a link i had. In a nutshell it says that anyone that accepts a DL or Texas Id for Id purposes must also accept a CHL for ID purposes.
IIRC, was on one of the Texas sites. It surprised me.
Re: 4413 (29ee)
Posted: Sun Jun 25, 2006 11:03 am
by txinvestigator
lrb111 wrote:txinvestigator wrote:lrb111 wrote:Kalrog wrote:Well, 30.06 requires that I carry both a DL and a CHL while I am carrying..
Either i am not looking in the correct location, or am simply missing it, But can you point me to the place in 30.06 that requires the DL? (just trying to keep up)
It doesn't, and I already pointed that out.
The Texas Government Code, Section 411 (H) requires you to present your Texas ID or DL to a peace officer of magistrate upon demand that you ID yourself, if you are carrying a handgun.
In essence, you have to carry either a TX DL or ID while carrying a concealed handgun.
I was just noew looking for a link i had. In a nutshell it says that anyone that accepts a DL or Texas Id for Id purposes must also accept a CHL for ID purposes.
IIRC, was on one of the Texas sites. It surprised me.
I have never read that. If you find it please post it here, I'll add it to my bookmarks and paste it into my frequent laws.