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Return to “30.06 Ruling Letters”
- Tue Dec 27, 2016 5:56 pm
- Forum: General Texas CHL Discussion
- Topic: 30.06 Ruling Letters
- Replies: 229
- Views: 89008
Re: 30.06 Ruling Letters
So... all licensed child care centers are statutorily off limits since they are a school? Does this include daycares or does child care = daycare?
- Tue May 03, 2016 6:05 pm
- Forum: General Texas CHL Discussion
- Topic: 30.06 Ruling Letters
- Replies: 229
- Views: 89008
Re: 30.06 Ruling Letters
Moved
- Wed Apr 06, 2016 2:30 pm
- Forum: General Texas CHL Discussion
- Topic: 30.06 Ruling Letters
- Replies: 229
- Views: 89008
Re: 30.06 Ruling Letters
Intent vs plain meaning is how the zoo got itself the amusement park designation. And thus, plain meaning states amusement park does not apply to any public or private sidewalk or walkway. So even if 30.0X posted, 46.035 only applies to the buildings in the amusement park.C-dub wrote:It's not spelled out, but I'm pretty sure that the intent of that is directed to public or private areas that are accessible to the public even when closed. The areas we are debating about here are inside the park and accessible only when the park is open.casp625 wrote:You sure about that?C-dub wrote:True, but those sidewalks or walkways must be public. All the sidewalks and walkways "inside" the amusement zoo are not public.casp625 wrote: Yes but the term amusement park does not apply to any sidewalk or walkways, per statute(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
Simple solution: stay on the walkways and sidewalks and 46.035 doesn't apply in the zoo, erm, amusement park. Unless you can point out in the statute that states otherwise.
- Tue Apr 05, 2016 11:16 pm
- Forum: General Texas CHL Discussion
- Topic: 30.06 Ruling Letters
- Replies: 229
- Views: 89008
Re: 30.06 Ruling Letters
You sure about that?C-dub wrote:True, but those sidewalks or walkways must be public. All the sidewalks and walkways "inside" the amusement zoo are not public.casp625 wrote: Yes but the term amusement park does not apply to any sidewalk or walkways, per statute
(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
- Tue Apr 05, 2016 5:00 pm
- Forum: General Texas CHL Discussion
- Topic: 30.06 Ruling Letters
- Replies: 229
- Views: 89008
Re: 30.06 Ruling Letters
City owned property? Help them out, take the signs to the dumpster and toss them.bear94 wrote:The one that caught my eye was the the Pasadena convention center letter. The McAllen convention center also has a gunshow (saxet) and the show has a posted 30.06/07 sign, not the convention center. If I'm understanding this correctly, are the signs posted by any organization in any city owned convention center invalid?
- Tue Apr 05, 2016 4:09 pm
- Forum: General Texas CHL Discussion
- Topic: 30.06 Ruling Letters
- Replies: 229
- Views: 89008
Re: 30.06 Ruling Letters
Yes but the term amusement park does not apply to any sidewalk or walkways, per statutePapa_Tiger wrote:Read the law to find out:Soccerdad1995 wrote:The AG's letter says that it is government owned property so I am sure he realizes that. Does the Amusement Park loophole not apply to government owned property?RossA wrote:The Dallas Zoo is owned by the city. They make the outlandish claim that they contract with someone else to operate the facility, and the operator claims to be an amusement park. It is still city property. Or doesn't the AG realize that?
As a previous poster mentioned, a very few letters in all of these months, and some of them came after the offending signs were already taken down. Hard working public officials. Maybe if Paxton goes to jail on his pending charges we will get a real AG.
Texas Penal Code 30.06 wrote:TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN.
(a) A license holder commits an offense if the license holder:
(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.
(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 license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing 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 C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.
(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.Essentially, since "Amusement Parks" are listed under 46.035 as a location we cannot carry if we are given effective notice, a government owned amusement park that meets the definition included in 46.035 is allowed to post.Texas Penal Code 46.035 wrote:Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person:
(1) on the premises of an institution of higher education or private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) or (a-1) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.