Squaw Creek Reservoir

[jb2012]

I am going fishing tomorrow at squaw creek, and I can't find a definitive answer if CHL is allowed or not. Apparently squaw creek park is posted 30.06 by their website, but what about on the lake itself? to save you time it is not a ACOE lake.

[Glockster]

I am going fishing tomorrow at squaw creek, and I can't find a definitive answer if CHL is allowed or not. Apparently squaw creek park is posted 30.06 by their website, but what about on the lake itself? to save you time it is not a ACOE lake.

Yeah, you don't want to carry a weapon there at all.

If it is posted, it is then not allowed. The reservoir controlling authority is:
Luminant Power
6322 FM 56
P.O. Box 1002
Glen Rose, Texas 76043
(817) 573-7053

The reservoir is the cooling water source for the two nuclear power plants located there. Access had been closed to the public since 9/11, but according Wikipedia:

There have been several attempts in recent years to get the lake re-opened to the public by anglers as well as recreational boaters.[4] On February 26, 2007 TXU agreed to an estimated 45 billion dollar buyout by a group of private equity firms led by Kohlberg Kravis Roberts and Texas Pacific Group. This buyout has made it opened to the public.

[jb2012]

I am going fishing tomorrow at squaw creek, and I can't find a definitive answer if CHL is allowed or not. Apparently squaw creek park is posted 30.06 by their website, but what about on the lake itself? to save you time it is not a ACOE lake.

Yeah, you don't want to carry a weapon there at all.

If it is posted, it is then not allowed. The reservoir controlling authority is:
Luminant Power
6322 FM 56
P.O. Box 1002
Glen Rose, Texas 76043
(817) 573-7053

The reservoir is the cooling water source for the two nuclear power plants located there. Access had been closed to the public since 9/11, but according Wikipedia:

There have been several attempts in recent years to get the lake re-opened to the public by anglers as well as recreational boaters.[4] On February 26, 2007 TXU agreed to an estimated 45 billion dollar buyout by a group of private equity firms led by Kohlberg Kravis Roberts and Texas Pacific Group. This buyout has made it opened to the public.

Ah I see. Well not a huge deal since I'll be on a boat the whole time, just a nuisance.

[Glockster]

I am going fishing tomorrow at squaw creek, and I can't find a definitive answer if CHL is allowed or not. Apparently squaw creek park is posted 30.06 by their website, but what about on the lake itself? to save you time it is not a ACOE lake.

Yeah, you don't want to carry a weapon there at all.

If it is posted, it is then not allowed. The reservoir controlling authority is:
Luminant Power
6322 FM 56
P.O. Box 1002
Glen Rose, Texas 76043
(817) 573-7053

The reservoir is the cooling water source for the two nuclear power plants located there. Access had been closed to the public since 9/11, but according Wikipedia:

There have been several attempts in recent years to get the lake re-opened to the public by anglers as well as recreational boaters.[4] On February 26, 2007 TXU agreed to an estimated 45 billion dollar buyout by a group of private equity firms led by Kohlberg Kravis Roberts and Texas Pacific Group. This buyout has made it opened to the public.

Ah I see. Well not a huge deal since I'll be on a boat the whole time, just a nuisance.

Just to make sure as I couldn't tell from your reply whether you meant not a big deal because you were intending to have it with you in your boat, but the lake itself is ALSO controlled by the same authority, so it and the entire park should also be covered under the 30.06. Which means that you can't bring one into the park or onto the lake. Personally, I'd advise against any kind of carry adjacent to nuclear power plants as that brings the potential for unwanted attention to a whole new level.

[NotRPB]

not only do they have the correct 30.06 sign (for CHL/licenses)

but as a nuclear power plant, regarding MPA's Watercraft portion, Sec. 46.02. UNLAWFUL CARRYING WEAPONS. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
carrying concealed in watercraft like in your car, for non-licensees is prohibited also under 30.05 ...

Sec. 30.05. CRIMINAL TRESPASS. (7) "Critical infrastructure facility"
(7) "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:
(C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility;

(d) An offense under this section is:
(3) a Class A misdemeanor if:

(A) the offense is committed:


(iii) on or in a critical infrastructure facility;

since this is 30.05 I know someone will add but but ... defense to prosecution

so I'll go ahead and say

for 30.05 critical infrastructure trespass if licensee
http://www.statutes.legis.state.tx.us/D ... /PE.30.htm
(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 concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.

Text of subsection effective on January 01, 2016

(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) in a concealed manner; or

(ii) in a shoulder or belt holster.

( Still, it appears to be a properly posted 30.06) https://www.luminant.com/squaw-creek-park/#rules
too soon to open carry there since 30.07 isn't in effect, though the watercraft MPA thing is for concealed in boat Sec. 46.02. UNLAWFUL CARRYING WEAPONS. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
and 30.06 prohibited "concealed" ...
you'd be left with open carry on a nuclear site, defense to prosecution after January
see above and http://www.statutes.legis.state.tx.us/D ... /PE.30.htm

I'm not a lawyer, and .. I have NOT had coffee yet but ...
you can't carry there now, and after Jan 1st I wouldn't even try open carrying with a defense to prosecution if they fail to post the 30.07 sign ... it's a "Critical infrastructure facility" and I don't see it going well in court with current terrorism threats.

[Glockster]

not only do they have the correct 30.06 sign (for CHL/licenses)

but as a nuclear power plant, regarding MPA's Watercraft portion, Sec. 46.02. UNLAWFUL CARRYING WEAPONS. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
carrying concealed in watercraft like in your car, for non-licensees is prohibited also under 30.05 ...

Sec. 30.05. CRIMINAL TRESPASS. (7) "Critical infrastructure facility"
(7) "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:
(C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility;

(d) An offense under this section is:
(3) a Class A misdemeanor if:

(A) the offense is committed:


(iii) on or in a critical infrastructure facility;

since this is 30.05 I know someone will add but but ... defense to prosecution

so I'll go ahead and say

for 30.05 critical infrastructure trespass if licensee
http://www.statutes.legis.state.tx.us/D ... /PE.30.htm
(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 concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.

Text of subsection effective on January 01, 2016

(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) in a concealed manner; or

(ii) in a shoulder or belt holster.

( Still, it appears to be a properly posted 30.06) https://www.luminant.com/squaw-creek-park/#rules
too soon to open carry there since 30.07 isn't in effect, though the watercraft MPA thing is for concealed in boat Sec. 46.02. UNLAWFUL CARRYING WEAPONS. http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
and 30.06 prohibited "concealed" ...
you'd be left with open carry on a nuclear site, defense to prosecution after January
see above and http://www.statutes.legis.state.tx.us/D ... /PE.30.htm

I'm not a lawyer, and .. I have NOT had coffee yet but ...
you can't carry there now, and after Jan 1st I wouldn't even try open carrying with a defense to prosecution if they fail to post the 30.07 sign ... it's a "Critical infrastructure facility" and I don't see it going well in court with current terrorism threats.

Yup, was my point. I think a MWAG call at a location like that would result in meeting lots of new people. Also, I don't think that MPA covers being in a boat on a lake fully contained within private property that is properly posted.

[The Annoyed Man]

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

Text of subsection effective until January 01, 2016

• (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place.

Text of subsection effective on January 01, 2016

• (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.

• (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
  
  • (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
    
    (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
    
    (3) on the premises of a correctional facility;
    
    (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate;
    
    (5) in an amusement park; or
    
    (6) on the premises of a church, synagogue, or other established place of religious worship.
  (c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
  
  (d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.
  
  (e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
  
  (f) In this section:
  
  • (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
    
    (1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
    
    (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
    
    (3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Text of subsection effective until January 01, 2016

• (g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

Text of subsection effective on January 01, 2016

• (g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

Text of subsection effective on August 01, 2016

• (g) An offense under Subsection (a), (a-1), (a-2), (a-3), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

Text of subsection effective until January 01, 2016

• (h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.

Text of subsection effective on January 01, 2016

• (h) It is a defense to prosecution under Subsection (a) or (a-1) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.

Text of subsection effective on August 01, 2016

• (h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
  
  (h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:
  
  • (1) an active judicial officer, as defined by Section 411.201, Government Code; or
    
    (2) a bailiff designated by the active judicial officer and engaged in escorting the officer.

• (h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was:
  
  • (1) a judge or justice of a federal court;
    
    (2) an active judicial officer, as defined by Section 411.201, Government Code; or
    
    (3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.

Text of subsection effective until January 01, 2016

• (i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

Text of subsection effective on January 01, 2016

• (i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.

Text of subsection effective until January 01, 2016

• (j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

Text of subsection effective on January 01, 2016

• (j) Subsections (a), (a-1), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

Text of subsection effective on August 01, 2016

• (j) Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.
  
  (k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.

Text of subsection effective on August 01, 2016

• (l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06.

It seems to me that 46.035(f)(3) invalidates 30.06 for their LAKE (regardless of how correctly worded and sized is their 30.06 sign), which does not meet the definition of "premises" under 46.035. I think it is possible for them to exclude a CHL/LTC on other grounds, but I don't believe 30.06 is one of them, and they have to seek justification elsewhere. I think NotRPB hit the nail more closely on the head with his references to 46.02 and 30.05

[txglock21]

Fishing in a lake next to a nuclear power plant? I wouldn't want to eat a fish with three eyes! Sorry, I couldn't resist.

[Glockster]

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

Text of subsection effective until January 01, 2016

• (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place.

Text of subsection effective on January 01, 2016

• (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.

• (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
  
  • (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
    
    (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
    
    (3) on the premises of a correctional facility;
    
    (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate;
    
    (5) in an amusement park; or
    
    (6) on the premises of a church, synagogue, or other established place of religious worship.
  (c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
  
  (d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.
  
  (e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
  
  (f) In this section:
  
  • (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
    
    (1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
    
    (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
    
    (3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Text of subsection effective until January 01, 2016

• (g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

Text of subsection effective on January 01, 2016

• (g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

Text of subsection effective on August 01, 2016

• (g) An offense under Subsection (a), (a-1), (a-2), (a-3), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

Text of subsection effective until January 01, 2016

• (h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.

Text of subsection effective on January 01, 2016

• (h) It is a defense to prosecution under Subsection (a) or (a-1) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.

Text of subsection effective on August 01, 2016

• (h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
  
  (h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:
  
  • (1) an active judicial officer, as defined by Section 411.201, Government Code; or
    
    (2) a bailiff designated by the active judicial officer and engaged in escorting the officer.

• (h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was:
  
  • (1) a judge or justice of a federal court;
    
    (2) an active judicial officer, as defined by Section 411.201, Government Code; or
    
    (3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.

Text of subsection effective until January 01, 2016

• (i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

Text of subsection effective on January 01, 2016

• (i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.

Text of subsection effective until January 01, 2016

• (j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

Text of subsection effective on January 01, 2016

• (j) Subsections (a), (a-1), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

Text of subsection effective on August 01, 2016

• (j) Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.
  
  (k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.

Text of subsection effective on August 01, 2016

• (l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06.

It seems to me that 46.035(f)(3) invalidates 30.06 for their LAKE (regardless of how correctly worded and sized is their 30.06 sign), which does not meet the definition of "premises" under 46.035. I think it is possible for them to exclude a CHL/LTC on other grounds, but I don't believe 30.06 is one of them, and they have to seek justification elsewhere. I think NotRPB hit the nail more closely on the head with his references to 46.02 and 30.05

Wouldn't this be the same though as any private property where the owner can post a 30.06? Or are you just suggesting that they have the wrong signage up?

[twomillenium]

Fishing in a lake next to a nuclear power plant? I wouldn't want to eat a fish with three eyes! Sorry, I couldn't resist.

Unless your into eating fish eyes, then you need only 2/3 the catch. Maybe less, those 3 eyed fish seem to have bigger eyes.

[jb2012]

Well unfortunately we didn't catch a dang thing. So no worries, I never came into contact with the 3 eyed turtle fish! When we pulled up the have a huge 30.06 sign and make it very clear that firearms aren't allowed whatsoever. I have a feeling they may send in 2 apache choppers. 3 u-boats, 4 seal teams, and 2 f18's to intercept a MWAG haha

[The Annoyed Man]

Wouldn't this be the same though as any private property where the owner can post a 30.06? Or are you just suggesting that they have the wrong signage up?

Well..... let me emphasize that I am not a lawyer, I have not played on on TV, nor have I spent the night at a Motel Six. But........ 46.035(f)(3) clearly states that

""Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."

There are two parts to that - the inclusive part which describes what a premises IS, and the exclusionary part which explains what a premises IS NOT. A privately owned lake is NOT a building or part of a building, NOR is it a parking lot, public walkway, an amusement park or a school or a hospital, etc., etc. So far as I can tell - and I am perfectly willing to have my error pointed out to me if I am wrong - 30.06 cannot apply to something that is not a premises of something, and "premises" doesn't include "lakes" in its definition.

That is why I am suggesting that the 30.06 sign may be meaningless in this context. However, I find it very easy to believe that licensed carry can be banned from the lake under other justification, such as it being part of a nuclear power plant. In other words, the 30.06 sign is just chaff. The REAL reason you can't carry there is because you can't carry a gun into a nuclear power plant.....or its cooling pond.....because they are critical infrastructure.

[ScottDLS]

Wouldn't this be the same though as any private property where the owner can post a 30.06? Or are you just suggesting that they have the wrong signage up?

Well..... let me emphasize that I am not a lawyer, I have not played on on TV, nor have I spent the night at a Motel Six. But........ 46.035(f)(3) clearly states that

""Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."

There are two parts to that - the inclusive part which describes what a premises IS, and the exclusionary part which explains what a premises IS NOT. A privately owned lake is NOT a building or part of a building, NOR is it a parking lot, public walkway, an amusement park or a school or a hospital, etc., etc. So far as I can tell - and I am perfectly willing to have my error pointed out to me if I am wrong - 30.06 cannot apply to something that is not a premises of something, and "premises" doesn't include "lakes" in its definition.

That is why I am suggesting that the 30.06 sign may be meaningless in this context. However, I find it very easy to believe that licensed carry can be banned from the lake under other justification, such as it being part of a nuclear power plant. In other words, the 30.06 sign is just chaff. The REAL reason you can't carry there is because you can't carry a gun into a nuclear power plant.....or its cooling pond.....because they are critical infrastructure.

What law makes it illegal to carry on property of a critical infrastructure facility that has not posted a 30.06 sign?

[Glockster]

Wouldn't this be the same though as any private property where the owner can post a 30.06? Or are you just suggesting that they have the wrong signage up?

Well..... let me emphasize that I am not a lawyer, I have not played on on TV, nor have I spent the night at a Motel Six. But........ 46.035(f)(3) clearly states that

""Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."

There are two parts to that - the inclusive part which describes what a premises IS, and the exclusionary part which explains what a premises IS NOT. A privately owned lake is NOT a building or part of a building, NOR is it a parking lot, public walkway, an amusement park or a school or a hospital, etc., etc. So far as I can tell - and I am perfectly willing to have my error pointed out to me if I am wrong - 30.06 cannot apply to something that is not a premises of something, and "premises" doesn't include "lakes" in its definition.

That is why I am suggesting that the 30.06 sign may be meaningless in this context. However, I find it very easy to believe that licensed carry can be banned from the lake under other justification, such as it being part of a nuclear power plant. In other words, the 30.06 sign is just chaff. The REAL reason you can't carry there is because you can't carry a gun into a nuclear power plant.....or its cooling pond.....because they are critical infrastructure.

Following what you're saying, and given that if correct, how should private property be properly posted to prohibit bringing a gun onto the property within which the reservoir is located? That's disregarding whether or not the reservoir is part of that critical infrastructure (since they let folks boat there, my guess is that it isn't that classification).