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Texas Law/code??

Posted: Tue Oct 13, 2009 11:31 am
by LongHairedRedneck
On my way into Galveston City Hall this morning I noticed a Texas State Law/Code(don't recall exact number now) that prohibited Handguns, it was printed in English and Spanish. Also 30.06 was not on this posting or any other posting.

Assuming this means no CHL carry? Was just curious because 30.06 was no where to be seen.

Re: Texas Law/code??

Posted: Tue Oct 13, 2009 11:45 am
by seamusTX
That sign is bogus and unenforceable, except that they could give you a citation (ticket).

The important question is whether the police would enforce it, or if it just garbage left over from the Crews administration (I'm pretty sure that's when the ordinance was passed).

As they say, concealed means concealed.

- Jim

Re: Texas Law/code??

Posted: Tue Oct 13, 2009 11:52 am
by LongHairedRedneck
Thats what I was thinking as well, just wanted to see what everyone said.

Re: Texas Law/code??

Posted: Tue Oct 13, 2009 12:16 pm
by Commander Cody
I have been to that building many times and each time it was posted 30.06. If it is not now, they must have changed it. It was posted on a dark tented door in black letters. Hard to see, but still there.

Re: Texas Law/code??

Posted: Tue Oct 13, 2009 12:28 pm
by seamusTX
I don't recall seeing a 30.06 sign at Galveston City Hall, and I go there at least once a month. I'll check next time.

Even if they have a 30.06 sign, it legally applies only to official meetings.

- Jim

Re: Texas Law/code??

Posted: Tue Oct 20, 2009 1:57 pm
by seamusTX
Commander Cody wrote:I have been to that building many times and each time it was posted 30.06. If it is not now, they must have changed it. It was posted on a dark tented door in black letters. Hard to see, but still there.
I just got back from Galveston City Hall. There is no 30.06 sign on the front doors, either outside or inside. Just their bogus paper sign.

I have been going there once a month for meetings for years.

I forgot to mention that there is a municipal courtroom in the annex, where they have hearings a couple of days a week. The annex is a newer building grafted onto the west side of the main city hall. I guess that could be stretched to say that the whole building is a courthouse. It would depend upon the DA's interpretation. I need to ask him one of these days.

- Jim

Re: Texas Law/code??

Posted: Tue Oct 20, 2009 2:49 pm
by GeekwithaGun
seamusTX wrote:I don't recall seeing a 30.06 sign at Galveston City Hall, and I go there at least once a month. I'll check next time.

Even if they have a 30.06 sign, it legally applies only to official meetings.

- Jim
I've looked for and read to be sure about this and because I've only been carrying for about a month now I wanted to be 100% sure that I had my understanding about this correct. If a meeting, such as a city counsel meeting, was not posted with 30.06 it is OK to carry in that meeting. If it was a court house, then no carry.

I attended our city counsel meeting last night and carried for the first time to that meeting. If I did not understand correctly then I really need to know.

I really appreciate the patience the long-timers have with us newbies :tiphat:

Re: Texas Law/code??

Posted: Tue Oct 20, 2009 3:11 pm
by seamusTX
Yes. Meetings of government bodies such as city councils are off-limits to CHL holders only if posted with a 30.06 sign, which is one of few cases where a government entity can post an enforceable 30.06 sign.

Courthouses are off-limits at all times and don't need to be posted. The problem is the ambiguous wording of the law, which has never been clarified by case law.

Many courthouses and city halls in the larger cities have metal detectors, which makes life interesting.

- Jim

Re: Texas Law/code??

Posted: Wed Oct 21, 2009 10:04 am
by pedalman
This may be an instance of the sign being posted for a meeting, but was not removed after the meeting.

Knowing human nature as I do, it's easier to just leave the sign posted; rather than post/remove it for each meeting.

As usual, there has yet to be a test case to determine if a 30.06 sign posted with no meeting in session is enforceable or not.

:grumble

Re: Texas Law/code??

Posted: Wed Oct 21, 2009 11:10 am
by bdickens
There doesn't have to be a test case. The law is clear.

Re: Texas Law/code??

Posted: Wed Oct 21, 2009 11:23 am
by pedalman
The Motorists' Protection Act is also clear. But that didn't stop ex-DA Chuckie from harassing good citizens.

Until case law is established, there is always a possibility of misguided arrest.

Re: Texas Law/code??

Posted: Wed Oct 21, 2009 11:36 am
by bdickens
Did he? Can you point to an actual case?

Re: Texas Law/code??

Posted: Wed Oct 21, 2009 11:57 am
by Hammer
ok, knowing this topic has been battered, beaten, dragged through the mud, most commented on, etc....
I am now shielding myself from the barrage of posts that are now headed in my direction.

I am a stickler (for some things).... so forgive me now....please.

I have read the Penal Code on Legal places to carry - 2008 version - backwards, forwards, left, right, upside down, and from the 4th dimension. I have a Masters of Arts degree (not a brag....just an example) which emphasized reading, writing, and RESEARCH..... I have an above average I.Q. (again not a brag an example -plus I cannot be all that smart if I can't even figure out how to post smileys) and I have yet to understand if a posted 30.06 sign means (and/or verbals) suffice as effective notice and no 30.06 sign means non-enforceable.

The code says one thing...the DPS FAQ section says another.
My CHL instructor said No places listed - the infamous 13 - EXCEPT CHURCH......

The inconsistencies have literally sent me over the edge.

I want it be as simple as NO SIGN ....NO PROBLEM.
But there seem to be 'exceptions' - the 51% -


Here is an example of COMPLETE contradiction:

Police Stations:
• Not trying to get too anal retentive here but went to one last night to pick up
some forms…not that I care so much about carrying in a police station but
follow the state’s logic (?????) –
• just to muddy the water even more they had an ‘old’ 30.06 sign
• Penal Code says: May disarm at station if: in non-public/secure portion and there is a gun locker
but must be in a place where access is denied by the general public which does
NOT include streets, sidewalks, parking lots, etc….

But what about the ‘old’ sign:
• Under Trespass and Criminal Trespass it states:
- it is an ‘EXCEPTION’ if the location is on property owned or leased by a GOVERNMENTAL entity AND is not a premises or other place on which the license holder is denied carry under 46.03 / 46.035
- 46.03 / 46.035:
Schools, educational institutions, passenger vehicles of educational institutions, inter-league sports of educational institutions, polling, courts, race track, airport restricted areas, prisons, 241/242 Health Code ‘facilities’, amusement parks, church, or intoxicated

So an example: where does the police station fit into on all of this?????

** my head is about to EXPLODE !!!!!!!!!!!!!

No offense, but I really don't want PHILOSOPHY of carry, what 'I think', 'how I read it' posts..... nor do I want 'Police Station specific' answers. I was just using it as an example.

I just want to understand the law.....conclusively.....in everything I have read....it seems like NO ONE really knows....except for bars ???????????????

Thanks in advance,

~ H

Re: Texas Law/code??

Posted: Wed Oct 21, 2009 12:07 pm
by seamusTX
I honestly don't see what isn't clear:
  • You can legally carry anywhere that is not listed in PC 46.03 or PC 46.035, except for private property that is posted with a complaint 30.06 sign, and federal property (in most cases).
  • In the case of amusement parks, hospitals, and government meetings (listed in 46.035), they must be posted with a 30.06 to prohibit concealed carry.
The problem is local governments posting signs regardless of the law, or stretching definitions. For example, the entire Galveston County Justice Center is posted, despite parts of it being neither a court nor a jail.

- Jim

Re: Texas Law/code??

Posted: Wed Oct 21, 2009 12:58 pm
by pedalman
bdickens wrote:Did he? Can you point to an actual case?
Jim made reference to some instances in this thread:

http://www.texasshooting.com/TexasCHL_F ... 2&start=15" onclick="window.open(this.href);return false;