R & R Donnelly Lewisville

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Richbirdhunter
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R & R Donnelly Lewisville

#1

Post by Richbirdhunter » Sun Apr 08, 2018 8:54 pm

I drove by R & R Donnelly this morning and they had 30:06/07 signs at the entrance of each of their driveways. I don’t have any business with them but if I did would I be able to bring a gun into the property and leave it in my truck?
Disclaimer: Anything I state can not be applied to 100% of all situations. Sometimes it's ok to speak in general terms.

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Grundy1133
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Re: R & R Donnelly Lewisville

#2

Post by Grundy1133 » Sun Apr 08, 2018 8:58 pm

Richbirdhunter wrote:I drove by R & R Donnelly this morning and they had 30:06/07 signs at the entrance of each of their driveways. I don’t have any business with them but if I did would I be able to bring a gun into the property and leave it in my truck?
i'd say yes because of MPA. others might disagree, but according to the castle doctrine my car is my property.
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Oldgringo
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Re: R & R Donnelly Lewisville

#3

Post by Oldgringo » Sun Apr 08, 2018 10:12 pm

Uhm....what is R & R Donnelly and do I care?


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Re: R & R Donnelly Lewisville

#4

Post by apostate » Sun Apr 08, 2018 10:48 pm

Oldgringo wrote:Uhm....what is R & R Donnelly and do I care?
You cared enough to post in the thread which means you care more than 99% of the forum members. :mrgreen:


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Re: R & R Donnelly Lewisville

#5

Post by striker55 » Mon Apr 09, 2018 7:56 am

Oldgringo wrote:Uhm....what is R & R Donnelly and do I care?
RR Donnelly a printing company.


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Re: R & R Donnelly Lewisville

#6

Post by Richbirdhunter » Mon Apr 09, 2018 8:21 am

striker55 wrote:
Oldgringo wrote:Uhm....what is R & R Donnelly and do I care?
RR Donnelly a printing company.
It doesn’t matter what R & R Donnelly does necessarily as much the 06/07 signs at all the entrances
Disclaimer: Anything I state can not be applied to 100% of all situations. Sometimes it's ok to speak in general terms.


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Re: R & R Donnelly Lewisville

#7

Post by BBYC » Mon Apr 09, 2018 12:26 pm

Richbirdhunter wrote:
striker55 wrote:
Oldgringo wrote:Uhm....what is R & R Donnelly and do I care?
RR Donnelly a printing company.
It doesn’t matter what R & R Donnelly does necessarily as much the 06/07 signs at all the entrances
What they do would matter if it was a refinery. Anyway, parking lot protection only applies to employees.
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Re: R & R Donnelly Lewisville

#8

Post by RossA » Wed Apr 11, 2018 12:53 pm

But MPA protection applies to the rest of us.
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Re: R & R Donnelly Lewisville

#9

Post by The Annoyed Man » Wed Apr 11, 2018 2:51 pm

striker55 wrote:
Oldgringo wrote:Uhm....what is R & R Donnelly and do I care?
RR Donnelly a printing company.
More specifically, they are probably the nation’s largest printer of high-volume bound printing - like phone books, gov’t directories, and such.

The OP caused me to revisit any changes made to the text of 30.06/30.07 in the last session, because I had it in my mind that the code mentioned “premises”, not “property”. Apparently, I was wrong, and that changes things fairly significantly. If it were “premises”, then my understanding was that 30.06/07 could not bar you from a parking lot. But “property” expands the restriction in some ways. It is unclear to me at this point just what protections an employee would have under the “parking lot rule”, if their employer’s parking lot was posted as well as the buildings.

Needless to say, posting the parking lot with 06/07 signage would have no effect on someone carrying under MPA, without a LTC, since 06/07 only apply to LTCs; but can a LTC holder enter a posted lot under the MPA? Is there any case law establishing that we can switch at will under which authority we are in possession of a handgun.....LTC when that is more convenient, or MPA when that is more convenient?

It’s an interesting question, and I don’t claim to know the answer with any degree of certainty.
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Re: R & R Donnelly Lewisville

#10

Post by Soccerdad1995 » Wed Apr 11, 2018 4:16 pm

The Annoyed Man wrote:
striker55 wrote:
Oldgringo wrote:Uhm....what is R & R Donnelly and do I care?
RR Donnelly a printing company.
More specifically, they are probably the nation’s largest printer of high-volume bound printing - like phone books, gov’t directories, and such.

The OP caused me to revisit any changes made to the text of 30.06/30.07 in the last session, because I had it in my mind that the code mentioned “premises”, not “property”. Apparently, I was wrong, and that changes things fairly significantly. If it were “premises”, then my understanding was that 30.06/07 could not bar you from a parking lot. But “property” expands the restriction in some ways. It is unclear to me at this point just what protections an employee would have under the “parking lot rule”, if their employer’s parking lot was posted as well as the buildings.

Needless to say, posting the parking lot with 06/07 signage would have no effect on someone carrying under MPA, without a LTC, since 06/07 only apply to LTCs; but can a LTC holder enter a posted lot under the MPA? Is there any case law establishing that we can switch at will under which authority we are in possession of a handgun.....LTC when that is more convenient, or MPA when that is more convenient?

It’s an interesting question, and I don’t claim to know the answer with any degree of certainty.
I think this has been discussed before, but I'm too lazy to find one of the threads.

I would analogize to a LEO, who carries under both a Texas LTC and the LEOSA. Is that officer always carrying under one or the other, or can they pick and choose? In other words, can they drop their kid off at school in the morning while off duty (which would be a violation of the GFSZA unless they are carrying under authority of their LTC), and then go get breakfast at a place that is posted 30.06 (which would be illegal unless they are carrying under their LEOSA authority?). More to the point, do we lose the right to carry in some places simply because we have an additional authorization that allows us to carry in other locations?

If in doubt, just carry a rifle or shotgun, or a non-pistol "firearm" in your car. You could even bring it into the building with you if you go that route.
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Re: R & R Donnelly Lewisville

#11

Post by ScottDLS » Wed Apr 11, 2018 7:41 pm

Soccerdad1995 wrote: ...
I think this has been discussed before, but I'm too lazy to find one of the threads.

I would analogize to a LEO, who carries under both a Texas LTC and the LEOSA. Is that officer always carrying under one or the other, or can they pick and choose? In other words, can they drop their kid off at school in the morning while off duty (which would be a violation of the GFSZA unless they are carrying under authority of their LTC), and then go get breakfast at a place that is posted 30.06 (which would be illegal unless they are carrying under their LEOSA authority?). More to the point, do we lose the right to carry in some places simply because we have an additional authorization that allows us to carry in other locations?

If in doubt, just carry a rifle or shotgun, or a non-pistol "firearm" in your car. You could even bring it into the building with you if you go that route.
The crux of the legal issue is "who or what determines what legal authority you are carrying under". Since 46.035 contains the qualifier "while carrying under the authority of (your LTC)...it seems that the legislature intended the offenses only to apply to licensees carrying according to the licensing law. If you don't need the authority of the license law (like in your house or on your property), it doesn't seem like you would be carrying under the authority of your license. Example...you are working in your 51% establishment as the owner bartender and are open carrying your .44 magnum. Since you also have LTC are you guilty of carrying in 51% location under 46.035 even though if you didn't have a license you'd be able to carry it as the owner? An ON DUTY Texas Peace Officer walks into your bar to arrest a robber. The LEO also has LTC. Is he guilty of a felony for carrying in 51% location, because he has a license? ON or OFF DUTY Texas Peace Officer walks into a 30.06/7 posted location carrying a handgun. Is this LEO guilty of Trespass by a LIcense Holder because he also has LTC?

So if you drive into a 30.06 posted parking lot and have you concealed handgun in your car are you only allowed to have it if you are NOT a LTC? Because 30.06 only applies to carrying under the authority of your LTC. So if you don't have one you are clearly not violating 30.06. But if you DO have one you CAN'T carry? Doesn't make sense to me. I guess you could always leave it at home or throw it in the trunk, then you can't be carrying under its authority because you don't have it with you as required by GC 411.

And also on this chemical plant/refinery issue, what offense will you be charged with for having a concealed handgun in your car on such a facility? 30.05....no you have a defense to that because you HAVE a LTC (not carrying under it). 30.06/7....no doesn't apply because you are not carrying under its authority. The refinery and chemical plant issue is related to the ability of employers to prohibit EMPLOYEES from carrying in their cars on these facilities. IE you could be legally fired. But you would not be committing a crime.
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