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Hospital carry?

Posted: Fri Jul 09, 2010 9:50 pm
by dthlss1
I'm a little confused. Can I carry in a hospital if there is no 30.06 sign? Or is a hospital like a post office and no sign is required?

Re: Hospital carry?

Posted: Fri Jul 09, 2010 9:56 pm
by bauerdj
Hospital carry is legal as long as a valid 30.06 sign is not posted. I am sure someone a little more knowledgeable will quote the applicable section.

DaveB

Re: Hospital carry?

Posted: Fri Jul 09, 2010 10:03 pm
by ELB
In general, you can legally carry in a hospital if you have not been given "effective notice;" i.e. a 30.06 sign, or your are given a card with the same 30.06 language on it, or you are told verbally. When the Texas CHL law first came out, this was not the case -- hospitals were off-limits, I believe, and they could use all kind of gunbuster signs. Hospitals were later excepted from the prohibited places list unless they give effective notice.

If the hospital is part of a university system...it may fall under the "no chl carry in college/university buildings. But I am not positive on that - it is not something I am likely to encounter, and I haven't run that down myself. I know there has been discussion on this board about it.

If you search all posts for "hospital," you are likely to get a barrage of info o this whole subject.

Usual caveats apply: I am not a lawyer, my advice is worth what you paid for it, if you end up in jail, don't call me for bail money, etc etc.

Best wishes.

Re: Hospital carry?

Posted: Fri Jul 09, 2010 10:16 pm
by ELB
This is a handy link to keep, er, handy: http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;

Here 'tis:
http://www.statutes.legis.state.tx.us/D ... htm#46.035" onclick="window.open(this.href);return false; take special note of para (i)
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY 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, on or about the license holder's person:

(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home 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, at any meeting of a governmental entity.

...

...

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5

...

(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.

....

Re: Hospital carry?

Posted: Fri Jul 09, 2010 10:30 pm
by dthlss1
ELB wrote:This is a handy link to keep, er, handy: http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;

Here 'tis:
http://www.statutes.legis.state.tx.us/D ... htm#46.035" onclick="window.open(this.href);return false; take special note of para (i)
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY 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, on or about the license holder's person:

(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home 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, at any meeting of a governmental entity.

...

...

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5

...

(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.

....
ah-HA! That last part in the red is what I've been missing. Thank you all for your very fast responses!

Re: Hospital carry?

Posted: Sat Jan 14, 2012 12:42 am
by Wes
dthlss1 wrote:
ELB wrote:This is a handy link to keep, er, handy: http://www.statutes.legis.state.tx.us/" onclick="window.open(this.href);return false;

Here 'tis:
http://www.statutes.legis.state.tx.us/D ... htm#46.035" onclick="window.open(this.href);return false; take special note of para (i)
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY 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, on or about the license holder's person:

(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home 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, at any meeting of a governmental entity.

...

...

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5

...

(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.

....
ah-HA! That last part in the red is what I've been missing. Thank you all for your very fast responses!
Old thread, but man, don't know how I missed that last line myself. I have been looking around trying to find ouy why people are carrying in hospitals. Geez...thought there was something in ch 241 I didn't know about. Glad I found this site more and more each day!

Re: Hospital carry?

Posted: Fri Feb 03, 2012 3:13 pm
by Whatthaduece
you will notice 30.06 signs at some of the hospitals like Parkland

Re: Hospital carry?

Posted: Fri Feb 03, 2012 6:31 pm
by C-dub
Whatthaduece wrote:you will notice 30.06 signs at some of the hospitals like Parkland
There is also a big grey area surrounding hospitals like Parkland that are county hospitals. Some think, me included, that a CHL cannot be prohibited from carrying in Parkland. Some think that because it is a teaching hospital it is excluded because it is a school. I don't happen to believe that would hold up in court because, although it is a teaching hospital, they are two separate entities that have an affiliation. However, that and $3 will get a you a coffee at McDonald's.

BTW, I have no idea what a cup of coffee costs. I've never had a drop of the stuff, let alone pay for one.

And I am also unwilling to be a test case for this belief. Sorry.