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by Kalrog
Sun Nov 19, 2017 11:07 pm
Forum: General Texas CHL Discussion
Topic: Taking on the Cedar Park Center - Heb Center
Replies: 17
Views: 8582

Re: Taking on the Cedar Park Center - Heb Center

Well, the City of Cedar Park responded (the city attorney specifically) to my inquiry within about an hour on a Sunday evening. I'll call that good service even if I didn't like the contents of the answer. He pointed to the OAG opinion here: https://www.texasattorneygeneral.gov/op ... kp0108.pdf

That basically confirms what I was expecting his position to be - the city isn't liable for the signs. I was glad to see that the OAG opinion took it a bit further in this case and is of the opinion that you cannot be prosecuted for carrying past a 30.06 sign in this situation. Anyone want to chance the ride even if you win in court? I'll be taking this up with my state elected officials.
by Kalrog
Sun Nov 19, 2017 3:28 pm
Forum: General Texas CHL Discussion
Topic: Taking on the Cedar Park Center - Heb Center
Replies: 17
Views: 8582

Re: Taking on the Cedar Park Center - Heb Center

Well, I managed to go to the HEB Center this morning and saw the information listed above - so I had to renew my participation with this forum after it was apparently the best source of news (again) on topics like this. So - after apparently about a 7 year absence, I'm back!

If I have absorbed the information here and elsewhere correctly, what I understand is the following:
  • The city of Cedar Park owns the property and the building (per WCAD)
  • 30.06 is not enforceable because the city does own the building
  • The 30.06 sign was likely put up by the management company - not directly by the city
  • The OAG will likely not find that the city is violating 411.209 if they didn't put the signs in place
So we have a situation where you can legally carry, but the state will not enforce that right, and good luck getting past the metal detectors. Have I missed anything? I'm wondering what CPPD and/or WilCo DA would say about prosecuting. Do you have an update from the OAG on this, ATXGolfGuy? I'm about to fire off an email to the city folks and then escalate to the state rep if the laws need updating (and it appears that they do - for clarity if nothing else).

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