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hospitals

Posted: Sat Feb 24, 2007 12:17 pm
by progun47
I know that you cant carry in a hospital, but can anyone explain the reasoning behind this. I guess I am just missing something, but i can see no reason for not allowing it. Just courious

Posted: Sat Feb 24, 2007 12:22 pm
by Mithras61
Who says you can't carry in a hospital?

You only can't carry if you're the patient (hospitals generally don't want anyone on drugs or such with a firearm) or if they post 30.06 signs. Otherwise, hospitals generally have to post a "no guns" sign (it is part of the health code, IIRC), but it is meaningless to you unless it is 30.06 compliant.

Posted: Sat Feb 24, 2007 12:23 pm
by Liberty
You can carry in hospitals if they are not 30.06 posted.

One caution though some Hospitals could be considered schools.

Posted: Sat Feb 24, 2007 2:34 pm
by longtooth
All of the above is correct.
Hospitals are required to post a legal 30-06 sign if the want to exclude CC by CHL holders.

Re: hospitals

Posted: Sun Feb 25, 2007 12:17 am
by srothstein
progun47 wrote:I know that you cant carry in a hospital, but can anyone explain the reasoning behind this. I guess I am just missing something, but i can see no reason for not allowing it. Just courious
While the others have all posted correct information, no one has bothered taking a stab at the question.

I think the hospitals were first included as off limits (changed now to require notice) because of the medical lobby. Most doctors are very much against injuring people, and the industry seems to constantly try to protect us from our own decisions which may result in injuries.

I notice that the medical industry (not all doctors, but enough to let their organizations take the position) are anti-gun, anti-motorcycle, and generally anti-risk taking behavior. They like making rules for us that involve our health, such as banning smoking (at all if they could), pushing for limits on trans-fats, mandatory vaccinations, etc.

They have a strong lobby in both the state and federal legislatures. I would guess that this is how they got the hospitals included.

As for agreeing with them, I like guns, motorcycles, airplanes, and food that tastes good without worrying about how it was cooked.

As for their accuracy, I see more old drunks than I do old doctors, so I guess I better have another round.

Posted: Mon Feb 26, 2007 11:53 am
by progun47
The MED Center here in College Station is posted, it's not a 30.06 sign, and i dont remember the number, but it plainly states that even people with a conceled hand gun lic, cannot carry, plus when i checked my dad in one of the things we had to sign stated that no guns, explosives, dah dah could be brought into the hospitil. When i go back today I'll get the number of the law section.

dated form?

Posted: Mon Feb 26, 2007 12:11 pm
by Rex B
Sounds like they made that form before the law changed to require 30.06 posting. Not sure what you do about a signed affadavit though, besides get someone else to sign the forms.

Posted: Mon Feb 26, 2007 12:15 pm
by Mithras61
progun47 wrote:The MED Center here in College Station is posted, it's not a 30.06 sign, and i dont remember the number, but it plainly states that even people with a conceled hand gun lic, cannot carry, plus when i checked my dad in one of the things we had to sign stated that no guns, explosives, dah dah could be brought into the hospitil. When i go back today I'll get the number of the law section.
ProGun47, they can post any sign they want, but if it isn't 30.06 compliant it is meaningless. Under Texas law, if it is NOT PC §30.06 compliant, and you have a CHL, you may ignore it. The same goes for any forms you signed.

Unless you receive verbal notice (e.g. - someone orally - as in spoken words - tells you "you may not bring that gun in here") or notice in written form compliant with PC §30.06, you may carry.

I believe the part of the code you are referring to is the same as what I saw here at the Conroe Regional Medical Center (it's a txchlforum thread with photos). As noted in that thread, GC §411.204(b) requires a sign barring carry of handguns at hospitals licensed under Ch. 2471 of the Health & Safety code, and PC §46.035(i) requires PC §30.06 signage to keep CHL licensees from carrying at hospitals mentioned in GC §411.204 (b).

http://tlo2.tlc.state.tx.us/statutes/do ... 030.00.htm

§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license
holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or

(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.


(d) An offense under this section is a Class A misdemeanor.

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

Added by Acts 1997, 75th Leg., ch. 1261, § 23, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.24, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, § 2, eff. Sept. 1,
2003.