Search found 3 matches

by TreyNTX69
Wed Apr 20, 2016 12:48 pm
Forum: General Legislative Discussions
Topic: 30.07 on City-Owned Property
Replies: 8
Views: 2263

Re: 30.07 on City-Owned Property

In my situation with the Carver, they're only allowing the posting of 30.07. So, I'm not sure if I can report this to the AG under 411.209, but I'm going to try. I've drafted a letter to the AG.

In order for me to provide written notice to San Antonio, to whom must I address my letter(s)?

The City of San Antonio employee managing the Carver?
The Mayor of San Antonio?
The City Manager?
The City Clerk?

All of the above?

Also, should I send the letters certified?
by TreyNTX69
Mon Apr 18, 2016 12:39 am
Forum: General Legislative Discussions
Topic: 30.07 on City-Owned Property
Replies: 8
Views: 2263

Re: 30.07 on City-Owned Property

Thanks for the replies.

The reason for my post...
The City of San Antonio is advising parties renting the Carver Community Cultural Center (orally and in written contract) they may legally post 30.07 signage thereby banning the open carry of firearms from their venue. I believe restricting the legal open carry of firearms on this property is illegal according to TX GC 30.07(e), since it is owned and operated by a governmental entity and is not otherwise excluded in 46.03 or 46.035. I also believe this is illegal because of the opinions of AG Paxton in KP-0049.

San Antonio is being very sneaky. They're not directly posting the 30.07 signs, but they're advising parties to whom they're renting the city-owned/operated facility "You can't ban concealed carry here, but you can ban open carry at your venue if you like; but you're responsible for providing and posting the signage and providing the staff to enforce the ban."

In effect, they're keeping their hands clean because they're not posting the sign nor enforcing it themselves, but they're incorrectly advising parties renting the facility they may do so. I think it's interesting they said "You can't ban concealed carry here...". To me, this indicates they think 411.029 only applies to CC and the fact that it specifically mentions CC and not OC. However, 30.07(e) is pretty plain. I think San Antonio is afraid to tread on 30.06 too heavily now, but they seem to believe they can obstruct open carry by posting 30.07 without too much fear of penalties, esp. if posted and enforced "by proxy" by the parties to whom they rent the facility, instead of by City of San Antonio personnel directly.

I'm not sure how to deal with this. Should I just send a letter to the AG?
by TreyNTX69
Sun Apr 17, 2016 2:56 am
Forum: General Legislative Discussions
Topic: 30.07 on City-Owned Property
Replies: 8
Views: 2263

30.07 on City-Owned Property

This is my very first post, so I apologize in advance if I've posted this in an inappropriate area or if this falls into the category of "already been asked and answered."

My question is: Can someone legally post a 30.07 sign on city-owned/leased property (assuming it doesn't meet one of the criteria in 46.03 or 46.035)?

I was certain they could not (I was very happy to see SB 273 pass during the 84th legislative session). I wanted to make sure I was correct so I re-read the text of SB 273 and I was disappointed to learn that explicitly applies only to concealed carry and the posting of a 30.06 sign. This makes sense to me given the timing because OC of a handgun was not legalized until this same legislative session.

However, when I read 30.07 I was encouraged because I believe it says, in 30.07(e), that open carry is legal on city-owned/leased property even if it is posted as 30.07.

GC Section 30.07(e) says:
(e) It is an exception to the application of this section that the property on which the license holder openly carries the 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.

I am now very unsure. My interpretation of the above leads me to think that I can complain to the Attorney General if the city posts a 30.06 sign on city-owned/leased property, but that no complaint vehicle/process exists if the city posts a 30.07 on that same property. BUT... that open carry on that same property would be legal, regardless of the presence of a 30.07 sign. Can someone please clarify for me?

To complicate matters, when I read on to 30.07(f) I'm even more confused. GC Section 30.07(f) says:
(f) It is not a defense to prosecution under this section that the handgun was carried in a shoulder or belt holster.

Open carry of a handgun in Texas MUST be done in a shoulder or belt holster, so what does this even mean? 30.07(f) seems to completely contradict my understanding of 30.07(e). Please help me understand. Thanks!

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