Violation of 30.06 or 30.07

[pookiebob]

I am sure this has been discussed thoroughly. Forgive me for being too lazy to research.

Since it is now only a Class C misdemeanor to carry past a 30.06 or 30.07 without a verbal warning to leave, am I correct in assuming that you will not get your LTC suspended for this violation?

Thanks in advance.

[Javier730]

Carrying concealed past a 30.06 or openly past a 30.07 sign is against the law. Don't do it and don't say your gonna do it because it is against the forum rules.

[AJSully421]

OK, now that the rules have been explained, now someone will actually answer your question.

Convictions for class C misdemeanors are not considered for eligibility.

[Javier730]

OK, now that the rules have been explained, now someone will actually answer your question.

Convictions for class C misdemeanors are not considered for eligibility.

Yup it's a class c unless someone lies and claims they told you and you still refused to leave (if open carrying).

[Scott in Houston]

It's also worse than Class C if it's a prohibited place in 46.035 that's posted.

[NotRPB]

It's also worse than Class C if it's a prohibited place in 46.035 that's posted.

Very Important information right there


Back to 46.035
So for example IF POSTED, (including (POSTED areas of Colleges ) ) (b 4) Nursing Homes, Hospitals, (b 5)amusement park (b 6) CHURCH, etc listed in 46.035
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

(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 or 30.07.

(g) An offense under this section is a Class A misdemeanor unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.



Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4



Text of subsection effective on August 01, 2016

(g) An offense under Subsection (a), (a-1), (a-2), (a-3), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

So 30.06 Posted hospitals & nursing homes which I visit often, I still leave handgun in the car and Concealed Rifle gets carried.

NOTE:Only posted hospitals/nursing homes do I carry concealed rifle... no 46.03 places

Rifle cannot be carried @ college at the posted elementary school/Daycare? on campus? 46.03 It says "firearm" (not handgun) and says "and no other weapon to which this section applies," http://www.statutes.legis.state.tx.us/D ... /PE.46.htm

46.03
Sec. 46.03. PLACES WEAPONS PROHIBITED.



(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)

school or educational institution,
unless:
(A) pursuant to written regulations or written authorization of the institution; or

(B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;

...
(f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.



(g) An offense under this section is a third degree felony.

In a nutshell, just obey the law and appropriate signs

[thetexan]

And by the way, for anyone thinking that a mere Class C can be sneezed at...

One of the most important elements of a case against a person when using force or deadly force is the consideration of "reasonableness" in the belief that the use force or deadly force is necessary immediately necessary. The prosecutor will put to the test a person's decision to use that force as to whether it was reasonable.

And a person will have to defend that prosecutorial attack against his idea of reasonableness at trial (if you plead not guilty and it goes to trial).

There you'll be, in trial, with a prosecutor trying to rip to shreds your claim that it was reasonable to believe it was immediately necessary to shoot the guy. You will say "but he was breaking into my house!" or "he was trying to rob me!" and the prosecutor will find every chink in the armor of your argument to nail you to the cross as a result of your decision not being reasonable for some reason. Such as, you just built a safe room in your house and chose not to use it. Or, you knew you had no valuables on your person at the time of the robbery so killing the guy wasn't necessary, or anything else he can think of to secure a conviction of murder or manslaughter or whatever by convincing a jury your action was not reasonable. All of this and you thought you were being REASONABLE when the prosecutor proved you were not.

Your idea of "reasonableness" will be challenged in every case!

But wait...if at the time of using force or deadly force you believed that its use was immediately necessary and were not...

1. provoking the attacker
2. responding in response to verbal provocation
3. unjustifiably resisting arrest using unauthorized force
4. consenting to the exact force used by the other person
5. violating 46.02
6. in a location you had no right to be in, or...READ VERY CAREFULLY

7. otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used

...your belief that the use of force was immediately necessary will be presumed to be reasonable" in cases involving defending yourself against...

1. someone attempting to enter unlawfully and with force your occupied habitation, vehicle, or place of business or employment or unlawfully and with force remove you from same
2. someone commiting or attempting to commit the big 6, aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery
3. in the case of using deadly force...someone use or attempted use of deadly force against you.

So by stupidly walking past a properly posted compliant sign and thereby committing a non traffic related Class C misdemeanor crime you have thrown away the benefit of the doubt and presumption of reasonableness which would be imputed to you at trial resulting in your acquittal, if all other elements were in your favor...should you have to use deadly force while trespassing past the sign. In fact, had you not made that mistake, the court would instruct the jury to find your actions reasonable and they will have no choice but to do so in compliance with those jury instructions. By throwing away that imputed automatic finding of reasonableness, by committing a Class C non traffic crime a person will have unnecessarily added to their defense woes at trial by having to defend his actions as reasonable against the prosecutor's onslaught.

What a foolish mistake if one has to actually defend yourself with deadly force against an attack while one is nonchalantly committing a non traffic Class C crime, thinking it's no big deal. It might mean the difference between 20 years in prison and walking free.

OBEY THE LAW AND DO NOT CARRY PAST PROPERLY POSTED, COMPLIANT SIGNS

tex

[pookiebob]

Great discussion. The 46.035 aspect is very enlightening. I will be checking thoroughly for signs at hospitals, churches etc. as missing one of those signs could cause you to lose your license.

By the way, I never had any intention of purposefully violating a posted building. I only wanted to fully understand the ramifications of the change in the regulations. I do not know why people keep reading this intention into my original post.

Thanks.

[thetexan]

Oh I know you didn't. It's always good to discuss how class c effects a LTC.

[mr1337]

NOTE:Only posted hospitals/nursing homes do I carry concealed rifle... no 46.03 places

Curious as to where I can procure a concealed rifle.

SBR?

[BCGlocker]

I am sure this has been discussed thoroughly. Forgive me for being too lazy to research.

Since it is now only a Class C misdemeanor to carry past a 30.06 or 30.07 without a verbal warning to leave, am I correct in assuming that you will not get your LTC suspended for this violation?

Thanks in advance.

Assuming one concealed carry past a 30.06 or 30.07 without a verbal warning to leave, how does one get convict this Class C misdemeanor?

Am I correct to assume all the follow must take place for the conviction?
1. The store owner/manager spots the concealed firearm
2. The store owner/manager calls the police
3. The store owner/manager never confronts the violator
4. The violator sticks around until police arrives

[pookiebob]

Good point. Here is one scenario:

You accidentally carry into the premises. The owner sees you and tells you to leave. You leave, so no Class A misdemeanor, but the store owner takes down your license plate and has you on camera.

Heres another:

You accidentally carry into the premises and there is a cop inside who sees your handgun.

[NotRPB]

NOTE:Only posted hospitals/nursing homes do I carry concealed rifle... no 46.03 places

Curious as to where I can procure a concealed rifle.

SBR?

mr1337
I just sent you a PM on "Shoulder Holster" carrying a concealed rifle

not an SBR ...Many cases fit rifles Remember the 1920s mobs used a Violin case ...
https://www.google.com/search?q=conceal ... KUjqwiM%3A
Backpacks, Tennis bags, guitar cases can all carry a folded AK-47/folded SKS etc
https://www.google.com/search?q=tennis+ ... E3tML2M%3A




My easiest to carry/most commonly carried Folding rifle, Keltec sub 2000 also called sub2k I have Generation 2 (Gen 1 had a few problems at first)




VIDEOS comparing Gen 1 and new Gen 2

https://www.youtube.com/watch?v=Kbfa6-Zpoyc

https://www.youtube.com/watch?v=PejpS1R8oSU