srothstein wrote:TAM, the problem is that section 30.06 does not use the word premises, but bars you from carrying on the property posted. So, it is legally possible to post a parking lot and prohibit carry there.
But, and I have posted this before, my opinion is that ti has no effect on someone in a car. The wording of 30.06 only applies to you when you are carrying under the authority of your CHL. I don't see carrying in your car as being under the authority of your CHL since ti is part of 46.02 that it is not illegal to carry in your car. The MPA made it one of the elements of the offense of unlawfully carrying to not be in a car you own or control. Since it is not illegal, and the CHL is an exception (or defense to prosecution) allowing carry when it is illegal, I don't see carrying in your car to be under the authority of your CHL.
There are people on the board who disagree with me on this subject. I am unaware of any court cases that would rule on this matter, so I may be wrong. As a general rule, I do not advise people to be a test case for any law. But in a case like the OP's, I would consider carrying it in the car if he had other business to go to that day. Pointing out that he is clearly not respecting the property owner's wishes, I don't think it is illegal and this might be one of the times where concealed means concealed is a better answer. Of course, parking outside the property would probably be the much better answer, to avoid any question of legal or ethical issues.
Steve is absolutely correct, the DPS page notwithstanding. Tex. Penal Code §30.06 could not be more clear; a 30.06 sign applies only to a person who "carries a handgun under the authority of Subchapter H, Chapter 411, Government Code . . ." Merely possessing a CHL
does not mean you are carrying under the authority of it. That occurs only when you are in a location where carrying a handgun would be illegal, if you didn't have a CHL
As pointed out, the DPS webpage quoted is very old; it goes back to the days before the CHL
statute was codified into the Government Code. The Motorist Protection Act (HB1815 - 2007) changed the law such that it is not illegal to have a handgun in your car without a CHL
. Therefore, it changed the law concerning the impact of a 30.06 sign on parking lots. If you get out of your car with your gun on, now you have violated TPC §30.06.
As an aside, the case law is clear, a handgun locked in the trunk of your car is not "on or about your person," so even if the law had not changed in 2007, one still would not violate TPC §30.06 by driving into a parking lot with a gun in the trunk.
Tex. Penal Code §30.06 wrote:Sec. 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