Legal question

[War Beagle]

I know about the properly formatted 30.06 signs, public meetings and courts restricts on CC. However, do other governmental entities, such as cities, have the right to pass regulations (such as ordinances) related to CC, or is that a right that is solely exercised by the Legislature?

[gdanaher]

IANAL, but a local government entity cannot enact laws that supersede state or federal law. Watcha' have in mind?

[Purplehood]

Local law cannot supersede State law in regards to CHL.

[War Beagle]

That's what I thought. I was just curious as to whether or not a city or county could further regulate guns or conceal carry. I didn't think so but I knew someone here would be able to confirm.

[RottenApple]

Texas has preemption that prevents counties, municipalities, etc from regulating firearms.

[RAM4171]

Here you go.
http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;

[RoyGBiv]

public meetings

Where is this restriction in current law?
I don't find it in CHL-16, unless the Public Meeting is on school "Premises" (as defined in 46.035) or in a building that also houses a Court.

Did I miss something in 46.03?

[gdanaher]

What would the masses suggest in the case of the Austin Convention Center? In another thread someone has posted the house rules which note city ordinances prohibiting cc in the convention center. Line up a good attorney in Austin and have him wait for your call? Someone in the attorney general's office should be out checking on this sort of thing.

[JP171]

public meetings

Where is this restriction in current law?
I don't find it in CHL-16, unless the Public Meeting is on school "Premises" (as defined in 46.035) or in a building that also houses a Court.

Did I miss something in 46.03?

I think he is thinking of the posting of governmental meetings where the law allows it to be posted 30:06

[RoyGBiv]

public meetings

Where is this restriction in current law?
I don't find it in CHL-16, unless the Public Meeting is on school "Premises" (as defined in 46.035) or in a building that also houses a Court.

Did I miss something in 46.03?

I think he is thinking of the posting of governmental meetings where the law allows it to be posted 30:06

Can anyone point me to the relevant code section please? Thanks.

[RX8er]

public meetings

Where is this restriction in current law?
I don't find it in CHL-16, unless the Public Meeting is on school "Premises" (as defined in 46.035) or in a building that also houses a Court.

Did I miss something in 46.03?

I think he is thinking of the posting of governmental meetings where the law allows it to be posted 30:06

Can anyone point me to the relevant code section please? Thanks.

I think It's covered under 46.035. Is this what you are after?

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
........
(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, at any meeting of a g overnmental entity.
........
(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.

[JP171]

public meetings

Where is this restriction in current law?
I don't find it in CHL-16, unless the Public Meeting is on school "Premises" (as defined in 46.035) or in a building that also houses a Court.

Did I miss something in 46.03?

I think he is thinking of the posting of governmental meetings where the law allows it to be posted 30:06

Can anyone point me to the relevant code section please? Thanks.

46:035 section C

(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, at any meeting of a govern-mental entity


(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.


ok beat me to it

[RX8er]

ok beat me to it

[War Beagle]

public meetings

Where is this restriction in current law?
I don't find it in CHL-16, unless the Public Meeting is on school "Premises" (as defined in 46.035) or in a building that also houses a Court.

Did I miss something in 46.03?

I think he is thinking of the posting of governmental meetings where the law allows it to be posted 30:06

Right. My city has signs up on the city hall that are not 30.06 compliant, so I wouldn't be all that worried on that count. What is confusing is the fact that we do not have a separate court facility. It is attached to city hall, and the city council chamber also doubles as the court room. What could probably be legally argued is that when the city council is in session, the room is no longer technically a courtroom. However, I am not a lawyer nor is it important enough for me to risk arrest when there are already several armed officers present for each meeting. It was just something I was curious about.

[RoyGBiv]

I think It's covered under 46.035. Is this what you are after?

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
........
(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, at any meeting of a g overnmental entity.
........
(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.

Thanks!
I read right past it several times and couldn't find it.