Carrying concealed in a clinic

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Rick343
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Carrying concealed in a clinic

#1

Post by Rick343 »

According to PC 46.035, Unlawful carrying of handgun by license holder #4 on the premises of a hospitol licensed under Chapter 241 Health and Safety Code etc. There is no mention of a licensed medical clinic. Is a clinic in the same catagory as doctors office?
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KFP
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Re: Carrying concealed in a clinic

#2

Post by KFP »

In Texas hospitals must post valid 30.06 signs to restrict CHLs from carrying. A clinic must do the same.

This is found in the often overlooked (i) section of PC 46.035

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:
(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) [added 9/1/97] Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.
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Re: Carrying concealed in a clinic

#3

Post by RPB »

KFP wrote:In Texas hospitals must post valid 30.06 signs to restrict CHLs from carrying. A clinic must do the same.

This is found in the often overlooked (i) section of PC 46.035

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:
(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) [added 9/1/97] Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.
:iagree:
Clinic my niece goes to has an 8-1/2"x11" paper printed off their computer:
"Guns are prohibited here under State Law"
I just smile and keep my gun butt from clunking on the chair as I read my magazine in the waiting room. ;-)
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Bullwhip
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Re: Carrying concealed in a clinic

#4

Post by Bullwhip »

RPB wrote:"Guns are prohibited here under State Law"
I just smile and keep my gun butt from clunking on the chair as I read my magazine in the waiting room. ;-)
Is it just me, or do those chairs keeping getting more narrow?

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Re: Carrying concealed in a clinic

#5

Post by RPB »

Bullwhip wrote:
RPB wrote:"Guns are prohibited here under State Law"
I just smile and keep my gun butt from clunking on the chair as I read my magazine in the waiting room. ;-)
Is it just me, or do those chairs keeping getting more narrow?
well, I like to watch old black and white movies starring mostly skinny people and look at today's McDonalds eaters who are allowed to "Opt out" of gym/physical education and look down at my body shape (round) and concluded:
Chair designers in fact are designing chairs for those people in the 1950s shows.

I agree, chairs are getting smaller, at least for me. :lol:

Thanks, I thought it was just me :tiphat:

but really ... yes some are narrower and ... Maybe clinics etc buy narrower chairs on purpose so they can fit more of them into small waiting rooms. At times, the clinic is Standing Room Only. (Flu season etc when kids spread stuff like wildfire)
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Oldgringo
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Re: Carrying concealed in a clinic

#6

Post by Oldgringo »

Texas is very fortunate to have its 30.06 signs. A simple, cheap and generic "gunbuster" sign is all it takes in many other states. These "gunbuster" signs can be bought without specifity nearly anywhere.

For example, I walked past a "gunbuster" sign a couple ofweeks ago into a large unposted (30.06) medical complex in Tyler. Unknown to me, I had to have a shot in the hip. I suggested the shoulder, the nurse said the hip. I asked her to turn her back, not out of modesty, but so I could hand my SA 1911 LW Compact to Mrs. Oldgringo. Mrs. Oldgringo said the nurse saw the exchange and it was no big deal. If the nurse told the Doctor that there was a GUN in the exam room, he made no mention of it. Life is good here, nothing is broken and nothing needs fixed.

I want to keep our 30.06 sign requirements. I do not want OC or anything/anyone else to interfere with my right to self protection via my Texas CHL.
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Re: Carrying concealed in a clinic

#7

Post by Rick343 »

Are the 30.06 signs ordered from DPS or do the sign companies print them under the DPS specs?

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Re: Carrying concealed in a clinic

#8

Post by RPB »

Rick343 wrote:Are the 30.06 signs ordered from DPS or do the sign companies print them under the DPS specs?
Sign companies/paint it yourself/pay an employee to stick on letters.... as long as they are compliant

So I'd leave the pistol in the car and I pay $5.00 and do NFA paperwork, so I can ignore the 30.06 sign and carry legally this regardless of a 30.06 sign http://www.serbu.com/top/superShorty.php" onclick="window.open(this.href);return false;
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old farmer
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Re: Carrying concealed in a clinic

#9

Post by old farmer »

RPB wrote:
Rick343 wrote:Are the 30.06 signs ordered from DPS or do the sign companies print them under the DPS specs?
Sign companies/paint it yourself/pay an employee to stick on letters.... as long as they are compliant

So I'd leave the pistol in the car and I pay $5.00 and do NFA paperwork, so I can ignore the 30.06 sign and carry legally this regardless of a 30.06 sign http://www.serbu.com/top/superShorty.php" onclick="window.open(this.href);return false;
Mornin'
I do not understand/ :headscratch


"The SUPER-SHORTY is based on a Mossberg Maverick (also available on Mossberg 500 or Remington 870 at additional cost) 12-gauge shotgun which came from the factory with a pistol grip. Because of this, the SUPER-SHORTY is considered an AOW (Any Other Weapon) and can be transferred with a $5 stamp! The gun holds two 2-3/4" or 3" shells in the magazine, plus one in the chamber. The 16.5" overall length, 6.5" barrel and spring-locked foregrip, which pivots out of the way when not in use, make for a very compact package. As far as we know, this is the shortest 12-gauge pump shotgun available. All parts for the SUPER-SHORTY are made in-house on our own CNC machinery using materials ideally suited to the task. All welds are done by the TIG process, and the manganese phosphate finish is MIL-spec. The SUPER-SHORTY is currently being used by various law enforcement agencies and military units worldwide. If you like the idea of concealed carry with a 12-gauge, or like a lot of "bang" in a small package, or just want the most compact breaching weapon available, then this is the gun for you. You won't find a better made AOW pump shotgun than the SUPER-SHORTY"
"
Thank you
God Bliss America.

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Re: Carrying concealed in a clinic

#10

Post by RPB »

Yeah, sorry

For any who don't know what I meant.

In explanation:

30.06 regulates concealed handguns carried by a concealed handgun licensee

An AOW is a federal classification of something which is not a handgun, not a rifle, not a shotgun etc it is "Any Other Weapon" and no "license" from the State is needed to carry it.

Therefore, you "could" "legally" carry it past a 30.06 sign, even if you don't have a concealed handgun license.
Unless "concealed" weapons are banned, you could carry it "concealed"
If "concealed" weapons ARE banned, you'd have to open carry it.

An AOW isn't banned by a banned handguns sign, (it isn't a "handgun") but is banned where one can't take a rifle/weapon/firearm.

More details here -> viewtopic.php?f=23&t=40529" onclick="window.open(this.href);return false;
(Pay special attention to the posts by denwego and Carry-a-Kimber and srothstein)

You do have to fill out a Federal Form and pay $5.00 and wait ..
For details see http://www.serbu.com/dw/nfa.php" onclick="window.open(this.href);return false;

Other considerations, are important to remember ... such as you aren't protected by an exemption to a prohibition of carrying firearms in a gun-free-school-zone (like you are under a CHL) ... are what I mean by "you can't carry it where a rifle/weapon/firearm are prohibited.
So, we're talking about a 1,000 foot difference from the border of a schools real estate where you can't go under Federal law, as opposed to having your pistol and CHL in your car in the school parking lot, but just not going inside a building.
I'm no lawyer

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Re: Carrying concealed in a clinic

#11

Post by Rick343 »

Thanks all for the prompt replys

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Re: Carrying concealed in a clinic

#12

Post by RPB »

Rick343 wrote:Thanks all for the prompt replys
YW, but just a note, apparently the particular AOW I showed is a subcatagory of AOW considered a smooth bore pistol, so it's "still a pistol" so... forget all that regarding that particular gun "rlol"
There may be other AOWs that would work.
Perhaps an open carried "cane gun" AOW ... I dunno
I ain't one of them Lawyer folks :mrgreen:
I'm no lawyer

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