Parking Lot, 30.06, gun in trunk?

[AggieMM]

Ok, I'll admit it, I'm apparently confused on the issue of places posting 30.06 signs at parking lot entrances. Today, while running errands, I encountered a parking lot at a local company that had a compliant 30.06 posted. I had heard and read about this, but never encountered one until today. I got to thinking about it, and got confused.

Let's talk hypothetically for a minute. Let's assume that I'm an employee at that building. Obviously, the company (or building management) has given proper notice that no concealed carry is allowed beyond that point. However, is a gun locked in a trunk of a car considered concealed? Can the employee stop before entering the parking lot, transfer the weapon to a locked container in the trunk, then proceed to park? For this case, let's ignore what the company would do to that individual, but focus on the law. Would this person be in violation of the law?

This same scenario would work for someone coming to pick a friend up from that building. Obviously, no entry with the concealed weapon, but what about in the trunk?

Thanks for helping, and sorry I brought it up again.

Ryan

[Shu]

Im not shure on this but I think that sign postage on parking lots is insane. I believe if there going to post It has to be on the building. I dont see how they can get away with this.
Thats like if a city doesnt want CHL they could post a 30.06 on the Now entering (whatever city) sign. And you couldnt carry.

[Charles L. Cotton]

Ok, I'll admit it, I'm apparently confused on the issue of places posting 30.06 signs at parking lot entrances. Today, while running errands, I encountered a parking lot at a local company that had a compliant 30.06 posted. I had heard and read about this, but never encountered one until today. I got to thinking about it, and got confused.

Let's talk hypothetically for a minute. Let's assume that I'm an employee at that building. Obviously, the company (or building management) has given proper notice that no concealed carry is allowed beyond that point. However, is a gun locked in a trunk of a car considered concealed? Can the employee stop before entering the parking lot, transfer the weapon to a locked container in the trunk, then proceed to park? For this case, let's ignore what the company would do to that individual, but focus on the law. Would this person be in violation of the law?

This same scenario would work for someone coming to pick a friend up from that building. Obviously, no entry with the concealed weapon, but what about in the trunk?

Thanks for helping, and sorry I brought it up again.

Ryan

Short answer: Yes, a person can put a handgun in the truck of their car and drive past a proper 30.06 sign without violating TPC §30.06.

Long answer: TPC §30.06 prohibits a person carrying a handgun "under the authority of Subchapter H, Chapter 411, Government Code" on the properly posted property. However, the "authority" granted by your CHL is the nullification of TPC §46.02 which prohibits the carrying of certain weapons, including handguns, "on or about your person."

Case law holds that a handgun in a locked trunk is not "on or about your person" so you would not be in violation of TPC §46.02, even if you didn't have a CHL. Since a CHL wouldn't be needed to carry a pistol in the trunk of your car, then you are not carrying "under the authority of Subchapter H, Chapter 411, Government Code" so TPC §30.06 doesn't not apply.

CAVEAT: It is an open question as to whether a proper 30.06 sign is sufficient notice under TPC §30.05 - the general trespass statute. I do not believe it is, but that's just "Cotton on the law" and I know of no courts that will accept that as controlling authority.

Chas.

[Charles L. Cotton]

Im not shure on this but I think that sign postage on parking lots is insane. I believe if there going to post It has to be on the building. I dont see how they can get away with this.
Thats like if a city doesnt want CHL they could post a 30.06 on the Now entering (whatever city) sign. And you couldnt carry.

Since the passage of SB501 in 2003, cities cannot use 30.06 to post government-owned property, except in vary narrow circumstances.

See TPC §30.06 below:

Chas.

§ 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.
(b) For purposes of this section, a person receives notice
if the owner of the property or someone with apparent authority to
act for the owner provides notice to the person by oral or written
communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) "License holder" has the meaning assigned by
Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by holder of license to carry a concealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code (concealed handgun law), may not enter this
property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.
(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.

[AggieMM]

Charles,

Thanks for the quick and informative reply. You're a great resource.

Ryan

[Shu]

except in vary narrow circumstances.

What would they be?

[Charles L. Cotton]

except in vary narrow circumstances.

What would they be?

Places that are already off-limits to CHL's under TPC §§46.03 and 46.035. For example, polling places on election day, municipal courts, government owned hospitals and nursing homes.

Chas.

[Shu]

Ahh ok.

[txinvestigator]

Im not shure on this but I think that sign postage on parking lots is insane. I believe if there going to post It has to be on the building. I dont see how they can get away with this.
.

A person who owns private property has a right to control access to that property. You have the right to avoid said property.