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by mr1337
Thu Dec 29, 2016 3:12 pm
Forum: General Texas CHL Discussion
Topic: 30.06 Ruling Letters
Replies: 229
Views: 88722

Re: 30.06 Ruling Letters

chasfm11 wrote:
casp625 wrote:So... all licensed child care centers are statutorily off limits since they are a school? Does this include daycares or does child care = daycare?
I danced with this problem earlier this year. In January, the CPS sent out emails to many (all?) licensed preschool locations stating that Open Carry did not change anything and that carry of licensed handguns had always been prohibited. They went into detail about 30.06 and 30.07. I wrote back to them asking their authority to issue the restriction and they quoted a part of the Administrative code. I don't pretend to understand that. The pre-school that I was working with was part of a church and the church did not want to post any signs. Since CPS can audit the pre-school and the license could be suspended for non-compliance (they have a myriad of reasons including not deep enough mulch around playground equipment), the church wrote a statement in to the handbook that the parents must sign, quoting the CPS language. The church was not equipped or willing to contest the CPS wording.

Given the current situation with CPS, I'm hoping that the 2017 Legislature can bring some sanity to their operation.
So basically child care centers are only off-limits if they post 30.06/07 or are in an otherwise prohibited location. Administrative code only applies to the child care facility, not license holders.

Remember that in order to receive 30.06/07 notice, any written communication must be as described in the statute. If the CPS wording doesn't match that, it's not enforceable. (However, verbal notice does not require any specific wording.)
by mr1337
Sat Apr 23, 2016 10:02 am
Forum: General Texas CHL Discussion
Topic: 30.06 Ruling Letters
Replies: 229
Views: 88722

Re: 30.06 Ruling Letters

ELB wrote:New letter -- really, update to old letter about the Dallas County Government Center out as of 4/18:
https://www.texasattorneygeneral.gov/fi ... t_Cntr.pdf
Dear Judge Jenkins:
The Office of the Attorney General ("OAG") received a citizen complaint, pursuant to section
411.209 of the Government Code, concerning the wrongful exclusion of handgun license holders
from the Dallas County Government Center (the "center"), located at 10056 Marsh Lane, Dallas,
Texas 75220. By correspondence dated March 30, 2016, we notified Dallas County (the "'county")
of our determination that a violation of section 411.209 had occurred and that the county had
fifteen days to either cure the violation and come into compliance or submit detailed information
explaining why the county was not in violation.

By e-mail dated April 15, 2016, the county provided further information explaining the signs
forming the basis of the complaint were removed from the front entrance of the center and new
signs were placed near the entrances to the government courts that are located within the center.
Upon review, we conclude this modification of the posted signage is sufficient to bring the county
into compliance with section 411.209 of the Government (;ode and the relevant provisions of the
Penal Code. Accordingly, the OAG is closing this complaint.
The original letter mentioned 30.06 signs had been put up at the entrances and in the entry hall. Sounds like those are gone. I assume the signs that replaced them apply to unlicensed carry of firearms or some such.

Anybody in Dallas with looking for something to do?
Instead of 30.06 signs, Austin City Hall is giving verbal notice, which is still notice under 30.06. Mr. Cargill has filed an additional complaint with the AG due to the verbal notice.

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