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by ScottDLS
Sun Nov 29, 2015 1:50 pm
Forum: Texas Firearms Coalition
Topic: New Article: Stop Posting Unenforceable 30.06 Signs
Replies: 49
Views: 7709

Re: New Article: Stop Posting Unenforceable 30.06 Signs

Abraham wrote:nightmare69,

Sound advice.

You're obviously one of the LEO's familiar with the fine points of TPC 30.06.

I take from your post, it's quite possible the greater percentage of LEO's may very well not be up on the fine points of TPC 30.06. Thus if one is found carrying where it's now legal, but posted erroneously, and if the officer is a reasonable person, you (I) could tactfully point out the new law and then a supervisor is called (and hopefully he/she is up to speed on TPC 30.06 and will verify the new law) you won't be arrested. I think that was a run on sentence...

Is that about the size of it?

Plus, what happens if the 30.06 signage is posted in a disputed area like the Houston Zoo?

Thanks!

I really appreciate your input.
Why would it take 12 years for the LEO's to get up to speed? Like I said, CHL has been in place for 20 years and I assume we don't have to call a supervisor to determine that it's legal to carry with a CHL.

This was the whole point of SB273. Govt entities have been KNOWINGLY posting unenforceable 30.06 signs for 12 years. People are tired of begging for permission to do that which is legal.

In 2015 it is hard to understand how a peace officer can "reasonably believe" that an arrest is justified for passing an unenforceable 30.06 sign.
by ScottDLS
Sun Nov 29, 2015 1:06 pm
Forum: Texas Firearms Coalition
Topic: New Article: Stop Posting Unenforceable 30.06 Signs
Replies: 49
Views: 7709

Re: New Article: Stop Posting Unenforceable 30.06 Signs

Abraham wrote:ScottDLS,

Right you are, (I hope I don't sound argumentative) but what are the odds many LEO's are not well informed regarding the most current law 30.06 sign on municipal locations...?

Of course, this probably isn't a question that can be answered easily, but it would be appreciated if some of our LE folk here on the board would address this question.

I hope this lack (potentially) of their not knowing the latest regarding 30.06 signs being posted where they don't belong turn into one of those situations about beating the rap, but not beating the ride...
This exception to 30.06 has been in place for over 12 years, so one would assume that LEO's have had sufficient time to learn about it. But I suppose you can be arrested for anything, even if it isn't illegal... Like carrying a handgun WITH a CHL. It's been 20 years, but maybe some LEO still out there that hasn't heard.
by ScottDLS
Sun Nov 29, 2015 12:43 pm
Forum: Texas Firearms Coalition
Topic: New Article: Stop Posting Unenforceable 30.06 Signs
Replies: 49
Views: 7709

Re: New Article: Stop Posting Unenforceable 30.06 Signs

Abraham wrote:Perhaps, this question has already been answered, but I don't recall reading it.

My question: If a city location has posted an unenforceable 30.06 sign and you walk in carrying, discovered to be carrying, will you be liable for breaking the law?
No, because the law specifically states that it doesn't apply to government owned/leased locations.
PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411,
Government Code, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was
forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and
failed to depart.
....
(e) 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.
by ScottDLS
Sun Nov 29, 2015 1:09 am
Forum: Texas Firearms Coalition
Topic: New Article: Stop Posting Unenforceable 30.06 Signs
Replies: 49
Views: 7709

Re: New Article: Stop Posting Unenforceable 30.06 Signs

nightmare69 wrote:
ScottDLS wrote:
Taypo wrote:
MeMelYup wrote:Instead of all this "nashing of teeth," we need to get behind changing the law so that a LTC person can carry everywhere a police officer can.
Allowing everyone to carry wherever and whenever is not going to solve issues with cities playing by their own rules. There's a massive difference between a LEO and a CHL holder.
Yes true. Legally a LEO can carry while intoxicated (though might get fired) and is exempt from 30.05, 30.06, and 30.07 as related to firearms. So much for "private property" rights.

I assure you that if a LEO carries and gets drunk and the brass gets wind of it he won't be in LE much longer.
What if he's "undercover" and Scarface makes him snort coke just to prove he's not a cop? :biggrinjester:
by ScottDLS
Sat Nov 28, 2015 7:47 pm
Forum: Texas Firearms Coalition
Topic: New Article: Stop Posting Unenforceable 30.06 Signs
Replies: 49
Views: 7709

Re: New Article: Stop Posting Unenforceable 30.06 Signs

Taypo wrote:
MeMelYup wrote:Instead of all this "nashing of teeth," we need to get behind changing the law so that a LTC person can carry everywhere a police officer can.
Allowing everyone to carry wherever and whenever is not going to solve issues with cities playing by their own rules. There's a massive difference between a LEO and a CHL holder.
Yes true. Legally a LEO can carry while intoxicated (though might get fired) and is exempt from 30.05, 30.06, and 30.07 as related to firearms. So much for "private property" rights.
by ScottDLS
Sat Sep 26, 2015 10:29 am
Forum: Texas Firearms Coalition
Topic: New Article: Stop Posting Unenforceable 30.06 Signs
Replies: 49
Views: 7709

Re: New Article: Stop Posting Unenforceable 30.06 Signs

Another thing we can do is start open carrying at these events (after 1/1/16). We'll see if they post 30.07 signs also, but in any case they'll be unenforceable... except you might have to "take the ride". :shock: Hmmmm....I don't know if I want to be "the test case". :???:

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