Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.

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Scott in Houston
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Re: Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.

Post by Scott in Houston »

Ruark wrote:That's good news, if you guys are correct. The 06/07 signs say you cannot "enter this property," not "enter these premises." I would think "this property" would include the parking lot. Thanks for the input.
It does include the lot, but inside your car is your domain.
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Scott in Houston
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Re: Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.

Post by Scott in Houston »

Ruark wrote:That's good news, if you guys are correct. The 06/07 signs say you cannot "enter this property," not "enter these premises." I would think "this property" would include the parking lot. Thanks for the input.
It does include the lot, but inside your car is your domain.
casp625
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Re: Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.

Post by casp625 »

Scott in Houston wrote:
Ruark wrote:Killeen Mall, where we frequently go to Dillard's, Sears, etc. has valid 06/07 signs at the parking lot entrances. So am I understanding correctly that I can't even drive into the parking lot if I have a firearm in the car????? We live an hour from there. So if we were running some errands in Killeen and that included a stop at the mall, I would have to just leave my gun at home! Sorry to whine, but this is NUTS.

No. You can have your gun in the car under 46.02 (the motor vehicle protection act).
You cannot carry it out of your car on your person without breaking the law, but you can drive onto the lot and keep it concealed in your car.

Also note that the law currently has it as a Class C misdemeanor and is no longer a Class A unless you're in one of the prohibited places under 46.035 which a retail parking lot is not.
:iagree:

Also, when did Killeen put up 30.06? They weren't up yesterday...
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Keith B
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Re: Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.

Post by Keith B »

Ruark wrote:That's good news, if you guys are correct. The 06/07 signs say you cannot "enter this property," not "enter these premises." I would think "this property" would include the parking lot. Thanks for the input.
30.06/30.07 are for property, not premises, so applies to the whole enchilada. However, as already stated, when carrying in your vehicle, you are covered under the Motorist Protection Act, so if you don't take it out of your vehicle and leave it concealed, then 30.06/30.07 don't apply. Just leave it in the car. :thumbs2:
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Ruark
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Re: Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.

Post by Ruark »

Arggghhhh, my mistake. The parking lot is posted, but it's a 30.07. I apologize.
-Ruark
Solaris
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Re: Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.

Post by Solaris »

Ruark wrote:That's good news, if you guys are correct. The 06/07 signs say you cannot "enter this property," not "enter these premises." I would think "this property" would include the parking lot. Thanks for the input.
Property is correct. You could not walk on or ride a bicycle there. But a car has special protection under 46.02.
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Re: Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.

Post by Mike S »

paulnkathy wrote:Scott, doesn't "Premises mean a building? For example only..."School parking lots are CHL ok, but not the Premesis/building/busses etc".
But my Topic is Bussiness or store parking lot.Not schools. Just using that for an example of premises.Paul
FWIW, the definition of 'premises' used in TPC 46.02 includes real property & RVs being used as living quarters; this differs from the definition of 'premises' that only includes 'a building or a portion of a building' that we generally think of when discussing CHL/LTC.

This doesn't change the validity of anything that Scott or Keith posted; I think their replies are spot on. Keep in mind that 46.02 applies to everyone, even those who don't have a LTC (provided they aren't prohibited from owning a gun, or a gang member) Under 46.02 the handgun must not be visible though, UNLESS its in a belt or shoulder holster of someone that has a LTC. (And under the scenario you proposed with 30.06/30.07 posted in the parking lot, I'd keep it concealed).
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Pawpaw
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Re: Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.

Post by Pawpaw »

Solaris wrote:
Ruark wrote:That's good news, if you guys are correct. The 06/07 signs say you cannot "enter this property," not "enter these premises." I would think "this property" would include the parking lot. Thanks for the input.
Property is correct. You could not walk on or ride a bicycle there. But a car has special protection under 46.02.
And, if it rains enough, you can paddle your watercraft into the parking lot too. :biggrinjester:
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams
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paulnkathy
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Re: Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.

Post by paulnkathy »

Mike S, your quip about a bicycle made me think of a motorcycle. I suppose it is not a domicile, but it is necessary to protect yourself while riding one. Probably carry concealed (?) or open if CHL licensed? What do you think?
MechAg94
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Re: Gun in car while Parking in retail store parking lot ok, if not 30.06 posted at entrances.

Post by MechAg94 »

My first CHL class, the instructor said over and over through the class that "concealed means concealed". If you are concealed, no one will know you have a gun anyway. :cool:
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