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30.06 Driveway Question
Posted: Mon Apr 02, 2007 6:11 pm
by sebis
How valid is a 30.06 sign posted on the driveway in front of a building, is this legally preventing someone from driving on the driveway with a gun in the car? Reading the penal code leaves me confused
Posted: Mon Apr 02, 2007 6:35 pm
by txinvestigator
If it is a valid sign, then carry on the property is prohibited.
Posted: Mon Apr 02, 2007 6:37 pm
by sebis
txinvestigator wrote:If it is a valid sign, then carry on the property is prohibited.
My confusion comes from the places prohibited section where the driveway was excluded, but I guess that is not the case with 30.06.
--Sebis
Posted: Mon Apr 02, 2007 7:07 pm
by KBCraig
sebis wrote:txinvestigator wrote:If it is a valid sign, then carry on the property is prohibited.
My confusion comes from the places prohibited section where the driveway was excluded, but I guess that is not the case with 30.06.
You're right; the definition of premises in "places prohibited" only applies in that section.
Bear in mind that a driveway or parking lot posted with 30.06 doesn't prohibit having a gun in the car, only having one on or about your person. Generally speaking, anywhere within the passenger compartment is "on or about your person". If you have to enter such an area, it's perfectly legal to stop and lock the gun in the trunk.
Kevin
Posted: Mon Apr 02, 2007 8:29 pm
by fadlan12
So if a mall has 30.06 sign at the front of the parking lot its legal to Keep it in the car? is this not related to the HB 992 and HB 220? Or are those only if you are employed there.
Posted: Mon Apr 02, 2007 9:29 pm
by srothstein
Fadlan,
What Kevin was saying was that 30.06 only applies to carry on or about your person. That is where the law applies if you have a CHL. Not every place in your car consists of "on or about your person" but some do.
So, if a parking lot is posted with a proper 30.06 sign, you cannot have the gun on or about your person. In general, this means you cannot be carrying it or have it within easy reach in the passenger compartment of the car. If it is inside a locked box under the seat, it may not be considered on or about your person. If it is in the trunk, it is definitely not on or about your person.
The way I see it, this means that if you are carrying normally under your CHL, you would have to stop before entering the posted parking lot. You would then have to remove your pistol and put it in the trunk. Then you could drive onto the posted property and not break any law.
Posted: Mon Apr 02, 2007 9:43 pm
by fadlan12
ok that makes sense, but I'm sure it would still fall into the "we will fire you if you bring a firearm on site" policy.
Not sure a 30.06 includes a parking lot
Posted: Mon Apr 02, 2007 10:54 pm
by Timmy Jimmy
I don't think a 30.06 can include a parking lot but for the sake of discussion lets say it does but the Legislature is going to pass a parking lot bill this session it has already been passed in the Senate and is the Calendar Committee in the house.
Posted: Tue Apr 03, 2007 12:25 am
by kauboy
Those bills only apply to employees and their employer's parking lots. And, if properly posted, a 30.06 can cover a parking lot.
Posted: Tue Apr 03, 2007 4:50 am
by glocklvr
30.06 sign in the parking lot or on the building doesn't matter to me because as soon as I see the sign I take my $$$$ and my
to another business that is not quite so safe for criminals
Re: Not sure a 30.06 includes a parking lot
Posted: Tue Apr 03, 2007 8:41 am
by txinvestigator
Timmy Jimmy wrote:I don't think a 30.06 can include a parking lot .
WHy would it not?
Posted: Tue Apr 03, 2007 5:38 pm
by Jason73
TEXAS CONCEALED
HANDGUN LAWS
AND SELECTED STATUTES
(the little white book that came in your DPS application packet)
Page 62 under FAQ
Q: If I drive to a shopping mall that does not permit handguns, will I be
allowed to park in the parking lot and leave my gun in the car?
A: If the parking lot is not posted with the sign described above, handguns
may be left in the cars.
However, if it is posted in the parking lot
then you may not.
http://www.txdps.state.tx.us/ftp/forms/ ... df#page=62
Posted: Thu Apr 05, 2007 9:38 pm
by Patriotswrath
And still the question is valid....
Why would you shop there?
Posted: Thu Apr 05, 2007 11:42 pm
by sebis
Patriotswrath wrote:And still the question is valid....
Why would you shop there?
If it was a shop I was never going to step foot there, since there was a place where I HAD to go to drop and pick-up someone I simply parked on the street :>). There was no need for me get out of the car anyway.
Posted: Thu Apr 05, 2007 11:54 pm
by sebis
Speaking of shops, there is a Jewelry store in Uptown Park here in Houston that is properly posted. It cracks me up every time I walk by on my way to lunch and I smile at the armed guard inside :). Even if I could afford their prices I would never step foot inside, security guard or not.
I think the owners live in fantasyland thinking that any wannabe armed robbers would stop right there on their tracks when seeing the sign, morons...