TAM,
My opinion on the issue of CHL, 30.06, and MPA is that we generally over complicate things by not looking at them in the right order. Under the MPA, it is not against the law to have a gun in your car (generally, with the known limitations, etc.). So if the gun is in the car, you are carrying without breaking the law. The CHL is an exception to the application of the law. So, it can only apply when you are otherwise breaking the law. It does apply the minute you get out of your car though.
30.06 applies to any property anywhere that is posted, but only when you are carrying under the exception to the law granted by your CHL. So, a private property owner can post a parking lot right at the entrance to it. It would be illegal to walk past the sign. But if you are in your car, you are not breaking the law so you are not carrying under your CHL's authority. So it is not illegal for a CHL to drive into a posted parking lot with a gun. But he has received the notice, so he would be breaking the law if he got out of the car with the gun while anywhere on the property, including in the parking lot.
In effect, in my opinion, posting the lot pretty much means there is no need to post the building itself if the lot is the only way to enter the property. There would be no way to legally get the gun to the building so no need to post the building itself.
Of course, the sign would be invalid if the parking lot was owned or leased by a governmental entity. From what the OP was saying, I think he works for a local government, thus making it an invalid posting. Either way, he could legally have the gun in his car while he is at work. He could legally carry it into the office also, I think, but he could get fired then. I believe the parking lot law would cover him from getting fired for having the gun in the car.
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• Page 1 of 1
- by srothstein
- Sun Aug 19, 2012 2:50 am
- Forum: General Texas CHL Discussion
- Topic: 30. 06 Signe at the wor place!
- Replies: 48
- Views: 7343
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