46.035 sign at college stadium?

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mloamiller
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46.035 sign at college stadium?

#1

Post by mloamiller »

An earlier thread (http://www.texaschlforum.com/viewtopic.php?f=7&t=84312) included a discussion of whether or not a college stadium had to be posted 30.06 to prevent concealed carry, now that Campus Carry is in effect. The consensus from that thread is yes - Campus Carry would trump the prohibition against carrying at a college sporting event. The key statute is PC 46.035 (l) which states "Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06." Therefore, a college must post 30.06 signs at the stadium; otherwise it is legal to carry.

I went to a football game at a state university this past weekend, and looked carefully for a 30.06 sign before entering. I thought I saw one, so I disarmed and went to the game. After the game, while leaving the stadium, I took a closer look at the sign and was surprised to see it was NOT a 30.06 sign; it was a 46.035 sign (attached).

I have never seen nor heard of this type of sign before, and am not aware of any statute that defines it. Regardless of where it came from, it clearly does not meet the 30.06 requirements. Therefore, I believe I could have legally carried into the game.

Has anyone else seen this type of sign?
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locke_n_load
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Re: 46.035 sign at college stadium?

#2

Post by locke_n_load »

You are correct, without actual 30.06 verbiage at a public college football game, then 46.035 (b)(2) does not apply to a concealed carrier who is licensed.
(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;
(l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06.
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Keith Bilbrey
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Re: 46.035 sign at college stadium?

#3

Post by Keith Bilbrey »

Seems to me that sign has no statutory authority. 30.06/30.07 are the only signs (currently) that do.
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Re: 46.035 sign at college stadium?

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Post by mloamiller »

Keith Bilbrey wrote:Seems to me that sign has no statutory authority. 30.06/30.07 are the only signs (currently) that do.
I agree. I was curious if anyone else had ever seen one. It would seem odd that the university would just make up their own sign, but I guess anything is possible.
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G.A. Heath
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Re: 46.035 sign at college stadium?

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Post by G.A. Heath »

It could be a sign left over from before campus carry.
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Re: 46.035 sign at college stadium?

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Post by ScottDLS »

G.A. Heath wrote:It could be a sign left over from before campus carry.

That would make sense...but I was noticing that the sign said "handgun licensing law" which was terminology only used starting in 1/2016, so the sign would probably only have been used from January to August of this year. Now it should be a 30.06....although I wouldn't want to be the "test case". :smilelol5:
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Re: 46.035 sign at college stadium?

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Post by G.A. Heath »

ScottDLS wrote:
G.A. Heath wrote:It could be a sign left over from before campus carry.

That would make sense...but I was noticing that the sign said "handgun licensing law" which was terminology only used starting in 1/2016, so the sign would probably only have been used from January to August of this year. Now it should be a 30.06....although I wouldn't want to be the "test case". :smilelol5:
The computer I was using earlier did not let me view the attachment, but I can see it now. Now that does make you wonder...
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Re: 46.035 sign at college stadium?

#8

Post by twomillenium »

That is not even what 46.035 says, the words are there but you have to pluck them from different areas and leave out the intent of the law.
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