Correctional Facility vs. Law Enforcement Facility

[mloamiller]

Section 30.06 states:

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.

Based on that, can a 30.06 sign at a police station be enforced? At first glance, the answer would be "No" since a police station would most certainly be "owned or leased by a governmental entity." However, one of the "other places" mentioned in 46.035 is "(3) on the premises of a correctional facility;". That begs the question - is a police station considered a "correctional facility"? It would certainly seem logical to do so.

"Correctional facility" is not defined in this specific section of the Penal Code (that I could find), but it is in Section 1.07:

(14) "Correctional facility" means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes:
(A) a municipal or county jail;
(B) a confinement facility operated by the Texas Department of Criminal Justice;
(C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice; and
(D) a community corrections facility operated by a community supervision and corrections department..

By that definition, it would seem a city police station that includes a jail would be considered a "correctional facility" so would be off-limits for concealed carry. However, to make the whole thing even more confusing, Section 411.207 defines the conditions that must be met in a "law enforcement facility" to allow a CHL holder to secure their weapon before entering the "nonpublic, secure" portion of the facility. In other words, you can carry concealed into the public part of a "law enforcement facility." So what's the difference between "correctional" and "law enforcement" when defining a facility?

I found part of an answer in a sub-sub-sub-paragraph in section 411.207, where a "law enforcement facility" is defined:

(1) "Law enforcement facility" means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency. The term does not include:
(A) any portion of a building not actively used exclusively to conduct the official business of the agency; or
(B) any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.

So which is it:

• 1. You can't carry into a police station, even the public areas, because it's a "correctional facility" (46.035).
  2. You can carry as long as it's not 30.06 posted (30.06).
  3. You can carry into the public portions, ignoring any 30.06 sign (411.207) because it's owned by a governmental entity.
  4. Something else I haven't considered.

[mojo84]

I chose door 3.

[JSThane]

You cannot carry into a secure holding area. These will be -immediately- evident by the locking cell doors, shackle points on benches/chairs, and the lack of any decor (to prevent vandalism and/or improvisation of picture frames and potted plants as weapons). You will probably never be -in- a holding area, though, unless you are an officer or a suspect.

An area that is open to the public is not a secure holding area. Drunk tanks, processing/booking areas, and actual jails and prisons are.

[mloamiller]

I chose door 3.

Is that because you don't think "correctional facility" applies? I don't disagree, just curious about the reasoning behind that.

[carlson1]

Some smaller towns have municipal court in the same building as the Police Department. I think that might also play a factor.

[mojo84]

I chose door 3.

Is that because you don't think "correctional facility" applies? I don't disagree, just curious about the reasoning behind that.

Because the part of the police station that is not secure is not off limits and is not a correctional facility. The secure jail portion is off limits.

[Jumping Frog]

Some smaller towns have municipal court in the same building as the Police Department. I think that might also play a factor.

This is also an interesting question. For example, the local county precinct station has Harris County Precinct 4 constable offices, the Harris County Tax office (real estate taxes, car registrations, car titles, etc.), the Justice of the Peace court room, District Attorney offices, and a clerk of courts (for paying fines).

If going there to pay real estate taxes, for example, my attitude is stay out of the courtroom while armed. However, I am not entirely certain this is correct.

[txglock21]

Me personally, this is one of the few places I feel I don't need to carry, whether it's legal or not. YMMV.

[mloamiller]

So which is it:

• 1. You can't carry into a police station, even the public areas, because it's a "correctional facility" (46.035).
  2. You can carry as long as it's not 30.06 posted (30.06).
  3. You can carry into the public portions, ignoring any 30.06 sign (411.207) because it's owned by a governmental entity.
  4. Something else I haven't considered.

I had a conversation with a local police chief yesterday and he agreed with #3.

[C-dub]

I have a sneaky suspicion that many of these signs will be coming down or relocated if the bill to penalize cities passes and becomes law. Situations like this are questionable. Sure, the 30.06 is enforceable for the secure area, but like a government meeting, that is the only area that CC is prohibited. Putting the sign on the outside or near the entrance to the building is misleading and confusing for many.