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Hospital carry if not posted
Posted: Sat Feb 02, 2013 8:41 pm
by Txfire409
I am trying to find the statute/law that shows where it's legal to carry in a hospital with a chl if it isnt posted. My wife took her chl class today and her instructor gave her a copy of the Texas Concealed Hangun Laws and Selected Statutes and told her it is not legal to carry in a hospital. She works in a hospital so that's why she wants to know. She showed me page 38 (
http://www.txdps.state.tx.us/internetfo ... chl-16.pdf" onclick="window.open(this.href);return false;) and the wording there sounds like it is illegal. Any help is appreciated.
Re: Hospital carry if not posted
Posted: Sat Feb 02, 2013 8:53 pm
by jmra
(B)(4) on the 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;
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section
Read (i). Ok as long as it isn't posted.
If the employee handbook has the 30.06 wording or if she was told by anyone in authority that she could not have a handgun (like in orientation) then she has received notice.
Regardless, if she is caught with a gun in the hospital she will lose her job (I am not aware of any hospital that does not include a no guns policy statement in their handbook).
Re: Hospital carry if not posted
Posted: Sat Feb 02, 2013 8:53 pm
by C-dub
Keep scrolling down to where it says this. It encompasses hospitals, churches, and amusement parks.
(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.
Re: Hospital carry if not posted
Posted: Sat Feb 02, 2013 8:55 pm
by Txfire409
thanks for the help guys.
Re: Hospital carry if not posted
Posted: Sat Feb 02, 2013 8:56 pm
by Beiruty
Page 39 subsection (I)
Without valid 30.06 you can legally carry in hospital.
Re: Hospital carry if not posted
Posted: Sat Feb 02, 2013 9:04 pm
by Piney
Some hospitals may still have old (non 30.06 compliant) signage, referencing a prior state law. One of my wife's former employers had such a sign.
Re: Hospital carry if not posted
Posted: Sat Feb 02, 2013 9:08 pm
by baldeagle
This is a very common misunderstanding of the law, but a CHL instructor should know better.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b) 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, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the 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;
This is the section of the law they are referring to, however it was amended to require effective notice under Texas Penal Code 30.06.
(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.
Note that the hospital prohibition appears in Subsection (b)(4) and therefore Subsection (i) applies. If the hospital doesn't provide effective notice then a CHL holder can carry there.
However, your wife is an employee of the hospital, so she needs to confirm that the employee handbook and policies
also do not prohibit her carrying on the premises.
This discussion comes up a lot. If she asks her supervisor, there is a chance that the hospital, having discovered that they are not effectively notifying CHL holders, may post 30.06 signs. They may decide to amend the employee policies to prohibit carry on the premises. On the other hand, if she discovers there is no prohibition or effective notice and decides to carry, she could run a risk as well. If she is found out, she could be fired. She could contest it, but that will cost time and money and she will not be working.
The one thing she can safely do without risk is carry to work and lock the weapon in a safe in her car.
Ultimately, the decision is her's. If the hospital isn't posted and the employee policies do not address firearms, she can legally carry her weapon in the hospital.
Re: Hospital carry if not posted
Posted: Sat Feb 02, 2013 10:52 pm
by Jumping Frog
baldeagle wrote:If she asks her supervisor, .....
Good rule of thumb:
NEVER ASK.
Nothing good comes of asking and a lot of potentially bad things could come instead.
Re: Hospital carry if not posted
Posted: Tue Feb 05, 2013 8:12 pm
by TDDude
I have yet to see a hospital or medical office that wasn't posted.
Re: Hospital carry if not posted
Posted: Tue Feb 05, 2013 8:25 pm
by Keith B
TDDude wrote:I have yet to see a hospital or medical office that wasn't posted.
My medical office is not posted. i carry there any time I go.
Re: Hospital carry if not posted
Posted: Tue Feb 05, 2013 8:32 pm
by SewTexas
TDDude wrote:I have yet to see a hospital or medical office that wasn't posted.
that's because you're in Houston, most of the clinics in San Antonio are not posted, not sure about the hospitals, only been to a couple, the closest to us is, but the other one I've been to I don't think was. Unfortunately, I spend most of my time at BAMC when it comes to medical stuff.
Re: Hospital carry if not posted
Posted: Tue Feb 05, 2013 9:36 pm
by C-dub
I think most of the hospitals in DFW are posted, but there's bound to be a couple that either don't or don't have it properly posted. My doctor's building is not properly posted. They still have the same "sign" from before hospitals and such were required to give notice that says state law prohibits ...
Re: Hospital carry if not posted
Posted: Tue Feb 05, 2013 9:41 pm
by RottenApple
TDDude wrote:I have yet to see a hospital or medical office that wasn't posted.
Medical City of Dallas, most Baylor Family Health clinics (admittedly not a hospital, but stil...), and several other medical places I transport patients to every week are not posted or posted incorrectly.
Re: Hospital carry if not posted
Posted: Tue Feb 05, 2013 10:39 pm
by E.Marquez
TDDude wrote:I have yet to see a hospital or medical office that wasn't posted.
Up until two months ago, after the bogus arrest of a Ft Hood soldier at Metroplex Hospital in Killeen that Hospital was not posted... though it is now.
Re: Hospital carry if not posted
Posted: Tue Feb 05, 2013 11:22 pm
by RPB
TDDude wrote:I have yet to see a hospital or medical office that wasn't posted.
None I went to in small central tx towns around the northern highland lakes were, but then I went to Seton in Round Rock and saw the first sign I ever saw