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Sugar Land Public Library
Posted: Fri May 26, 2017 7:55 pm
by EastTexasRancher
I visited a library in Sugar Land today that was posted as a "no guns" premises, specifically under 46.03, and more specifically it noted 46.035.
I've read through that language, but cannot figure out how that can keep one from carrying there, especially as a publicly owned premises.
Can anyone 'splain this better to me?
Thank you.
Re: Sugar Land Public Library
Posted: Fri May 26, 2017 9:16 pm
by mupepe
I believe Ft Bend County considers libraries an extension of school since learning takes place there.
Re: Sugar Land Public Library
Posted: Sat May 27, 2017 6:08 am
by Liberty
I'm pretty sure it means, "all licensed carriers welcome."
Re: Sugar Land Public Library
Posted: Sat May 27, 2017 7:42 am
by Keith B
Sugar Land library is part of the Fort Bend County library system, and part of the states system of libraries. Government owned, so can't prohibit carry. If the signs are not 30.06 or 30.07, then they have no legal standing on a person with a License To Carry (LTC) and do not prohibit you from carrying in the location legally.
Re: Sugar Land Public Library
Posted: Sat May 27, 2017 9:24 am
by eyet
More info at
http://texaschlforum.com/viewtopic.php? ... 4#p1075634.
I never submitted to the AG. Given his total lack of action, I'm not sure there is any point now.
Re: Sugar Land Public Library
Posted: Sat May 27, 2017 10:24 am
by ScottDLS
Aha, now a Library School to add to the Zoo Schools, Museum Schools, Amusement Park Schools, and TABC Licensee Schools. My car is a place of learning for my 15 year old with Learner Permit, so I am committing a felony every time I carry in my car.
Carry concealed and you should not have any issues.
Re: Sugar Land Public Library
Posted: Sat May 27, 2017 12:46 pm
by Flightmare
ScottDLS wrote:My car is a place of learning for my 15 year old with Learner Permit, so I am committing a felony every time I carry in my car.
A mobile GFSZ?
Re: Sugar Land Public Library
Posted: Sat May 27, 2017 12:52 pm
by ScottDLS
Flightmare wrote:ScottDLS wrote:My car is a place of learning for my 15 year old with Learner Permit, so I am committing a felony every time I carry in my car.
A mobile GFSZ?
OHHH YEAH THAT's good....1000 feet around my car is a GFSZ! I'll have ATF ride with me so they can arrest all the off duty cops and MPA carriers we drive by.
Re: Sugar Land Public Library
Posted: Mon May 29, 2017 1:09 pm
by Abraham
"I believe Ft Bend County considers libraries an extension of school since learning takes place there."
NOPE!
Consideration doesn't make law.
I guess homes could be also considered an extension of school since students go from school to home to do home work and study.
Ah, NOPE again!
Next anti-gun rationalization in the batters box we can kick down the road...?
Re: Sugar Land Public Library
Posted: Mon May 29, 2017 2:15 pm
by MeMelYup
ScottDLS wrote:Aha, now a Library School to add to the Zoo Schools, Museum Schools, Amusement Park Schools, and TABC Licensee Schools. My car is a place of learning for my 15 year old with Learner Permit, so I am committing a felony every time I carry in my car.
Carry concealed and you should not have any issues.
That is incorrect, as you can give yourself permission to carry, as you are in charge of the vehicle and said teacher for the learning experience.
Re: Sugar Land Public Library
Posted: Mon May 29, 2017 5:12 pm
by ScottDLS
Abraham wrote:"I believe Ft Bend County considers libraries an extension of school since learning takes place there."
NOPE!
Consideration doesn't make law.
I guess homes could be also considered an extension of school since students go from school to home to do home work and study.
Ah, NOPE again!
Next anti-gun rationalization in the batters box we can kick down the road...?
Haven't they been reported to AG yet? What did he say about this. If he can't even fine these guys, then GC 411.209 is worse than useless.
Re: Sugar Land Public Library
Posted: Wed May 31, 2017 8:42 am
by thetexan
EastTexasRancher wrote:I visited a library in Sugar Land today that was posted as a "no guns" premises, specifically under 46.03, and more specifically it noted 46.035.
I've read through that language, but cannot figure out how that can keep one from carrying there, especially as a publicly owned premises.
Can anyone 'splain this better to me?
Thank you.
Yes, I can.
You seem to indicate that you do not understand your specified right to carry your weapon and that you do not understand the rules authorizing your to carry your weapon and those rules that prevent you from carrying your weapon. You also seem to indicate that you do not understand the rules governing a governmental entity's right or lack thereof of prohibiting you from exercising your right to, with a license, carry your weapon.
The rules are black and white...with a razor's edge. Either you can or you can not.
First there is no such thing as a "No Guns" sign designating a location as weapons-free. The language "no guns" means nothing. It has no legal force. Stating that a location is "no guns" means nothing. It has no legal force. As is clearly indicated in the statute 46.03, libraries owned by a city (and I'm assuming this is a city or municipal governmentally owned library) are not listed. Neither does 46.035 prevent carriage in a governmentally owned library.
Simply putting up a sign that says that no guns are allowed under 46.03 and 46.035 does not, in and of itself, mean it's true. It may be or it may not be. In this case (assuming a governmentally owned library) we know it to not be true. And, since the location is not among the "Big 13" statutorily prohibited areas, then, by default, it falls under 30.06 and 30.07. And, in that case, there must be proper 30.06 and/or 30.07 notification.
And if there is none, then there is nothing but discretion stopping you from exercising your right to carry.
I might walk right in and advise anyone telling me different that no only can I carry in the (governmentally owned) library but they, are, in fact, statutorily PROHIBITED from prohibiting me from carrying.
I suggest a thorough review and study of the rules. It will come in handy.
tex
Re: Sugar Land Public Library
Posted: Wed May 31, 2017 1:24 pm
by EastTexasRancher
*sigh*
Re: Sugar Land Public Library
Posted: Wed May 31, 2017 2:19 pm
by Soccerdad1995
ScottDLS wrote:Aha, now a Library School to add to the Zoo Schools, Museum Schools, Amusement Park Schools, and TABC Licensee Schools. My car is a place of learning for my 15 year old with Learner Permit, so I am committing a felony every time I carry in my car.
Carry concealed and you should not have any issues.
Does that also mean that a LEO (without a LTC) violates the GFSZA every time he drives within 1,000 feet of a vehicle that has someone with a learner's permit inside?
Re: Sugar Land Public Library
Posted: Wed May 31, 2017 3:02 pm
by ScottDLS
thetexan wrote:EastTexasRancher wrote:I visited a library in Sugar Land today that was posted as a "no guns" premises, specifically under 46.03, and more specifically it noted 46.035.
I've read through that language, but cannot figure out how that can keep one from carrying there, especially as a publicly owned premises.
Can anyone 'splain this better to me?
Thank you.
Yes, I can.
You seem to indicate that you do not understand your specified right to carry your weapon and that you do not understand the rules authorizing your to carry your weapon and those rules that prevent you from carrying your weapon. You also seem to indicate that you do not understand the rules governing a governmental entity's right or lack thereof of prohibiting you from exercising your right to, with a license, carry your weapon.
The rules are black and white...with a razor's edge. Either you can or you can not.
First there is no such thing as a "No Guns" sign designating a location as weapons-free. The language "no guns" means nothing. It has no legal force. Stating that a location is "no guns" means nothing. It has no legal force. As is clearly indicated in the statute 46.03, libraries owned by a city (and I'm assuming this is a city or municipal governmentally owned library) are not listed. Neither does 46.035 prevent carriage in a governmentally owned library.
Simply putting up a sign that says that no guns are allowed under 46.03 and 46.035 does not, in and of itself, mean it's true. It may be or it may not be. In this case (assuming a governmentally owned library) we know it to not be true. And, since the location is not among the "Big 13" statutorily prohibited areas, then, by default, it falls under 30.06 and 30.07. And, in that case, there must be proper 30.06 and/or 30.07 notification.
And if there is none, then there is nothing but discretion stopping you from exercising your right to carry.
I might walk right in and advise anyone telling me different that no only can I carry in the (governmentally owned) library but they, are, in fact, statutorily PROHIBITED from prohibiting me from carrying.
I suggest a thorough review and study of the rules. It will come in handy.
tex
Is it firmly established...in black and white, with a razor's edge, that the Sugarland Library is
NOT a "school or educational institution" as referenced in 46.03?
How about the Houston Zoo? Also, what about the Fort Worth Science Museum. All have declared themselves to be schools and the AG has refused to find the zoo or museum in violation of 411.209.
Does OP want to be the "test case"?
PC ยง46.03. PLACES WEAPONS PROHIBITED.
Text of subsection effective until Aug. 1, 2016
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution
...