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by ScottDLS
Sun Apr 08, 2018 8:21 pm
Forum: Off-Topic
Topic: CARRY QUESTION
Replies: 51
Views: 11657

Re: CARRY QUESTION

Pew Pew wrote:
ScottDLS wrote:Short answer, leave it in the truck and don't worry about it.
Same as the post office and USACE parks.
Post Office I tend to agree as I have never seen Postal property posted against leaving gun in the car. Technically could be considered a federal infraction if you did but I’m not seeing the US attorney pushing it even if you were discovered. USACE parks I have seen posted and I could see you getting a ticket for an infraction, though I don’t think it it’s a misdemeanor.
by ScottDLS
Sun Apr 08, 2018 12:53 pm
Forum: Off-Topic
Topic: CARRY QUESTION
Replies: 51
Views: 11657

Re: CARRY QUESTION

spectre wrote:
ScottDLS wrote:
spectre wrote:A land owner can give oral notice or written notice. Oral notice prohibiting firearms covers both MPA and LTC.
Not true. That it covers MPA.
Are you saying a land owner can't prohibit guns on their property by giving oral notice?
Yes. If the person is a cop they have an exception. If they are a utility worker in the scope of their duties, they have a Defense. If they have a LTC, and are not carrying under its authority (concealed MPA in the truck) they have a Defense (to 30.05).

I have quoted the relevant sections below.
TXPC 30.05
(e) It is a defense to prosecution under this section that the actor at the time of the offense was:
(2) a person who was:
(A) an employee or agent of:
(i) an electric utility, as defined by Section 31.002, Utilities Code;
(ii) a telecommunications provider, as defined by Section 51.002, Utilities Code;
(iii) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code;
(iv) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section;
(v) a gas utility, as defined by Section 121.001, Utilities Code;
(vi) a pipeline used for the transportation or sale of oil, gas, or related products; or
(vii) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code; and
(B) performing a duty within the scope of that employment or agency;
...
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun

...
(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
Texas PC 30.05
by ScottDLS
Sun Apr 08, 2018 12:30 pm
Forum: Off-Topic
Topic: CARRY QUESTION
Replies: 51
Views: 11657

Re: CARRY QUESTION

spectre wrote:A land owner can give oral notice or written notice. Oral notice prohibiting firearms covers both MPA and LTC.
Not true. That it covers MPA.

Grundy1133 wrote:I didn't think you could prohibit someone from carrying in their car per the MPA... Is that incorrect?
No, it IS correct because 30.06 only applies to carrying under the authority of your LTC. So if a parking lot is posted 30.06 and you are carrying in your vehicle then you are not violating 30.06. If 30.05 is purportedly used, then you are excepted due to having, not carrying under, LTC, so 30.05 doesn't work either.

For the employer parking lot law, the employer (utility) may not fire you (legally) for parking in their lot....that they own. However if you are parking in another employer's lot and they find out, they can presumably tell your employer you are no longer allowed to work on the property. However depending on the easements, they may not be able to use 30.05 to criminally prosecute you for doing so.

Short answer, leave it in the truck and don't worry about it.

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