Hospital carry?
Posted: Fri Jul 09, 2010 9:50 pm
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?
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Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
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(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.
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Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5
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(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.
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ah-HA! That last part in the red is what I've been missing. Thank you all for your very fast responses!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.
....
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!dthlss1 wrote:ah-HA! That last part in the red is what I've been missing. Thank you all for your very fast responses!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.
....
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.Whatthaduece wrote:you will notice 30.06 signs at some of the hospitals like Parkland