That definition is only applicable to a private school automatically off limits under 46.03, and parking lots are not part of the premises. However, there is nothing that I see that would keep a private school from posting an enforceable 30.06 sign in the parking lot. 30.06 does not limit private schools from being enforceable as it does places owned or by the government.JohnWayne wrote:I
2) TTU has large 30.06 signs at all entrances to campus. Their intent is to keep you from carrying anywhere on campus - not just on the physical premises as defined by TPC § 30.06(f)(3):
Again, a private business can post enforceable 30.06 on their parking lots if they desire. The way the law reads, a private school is an educational institution, and thus the parking lots, etc are protected by the definition of premises in the penal code. Anyone have an opinion on that?"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.
Search found 3 matches
- Thu May 03, 2007 6:56 am
- Forum: General Texas CHL Discussion
- Topic: 30.06 Valid?
- Replies: 24
- Views: 5090
- Wed May 02, 2007 11:29 pm
- Forum: General Texas CHL Discussion
- Topic: 30.06 Valid?
- Replies: 24
- Views: 5090
It appears that IF the hospital is licensed as one under The Health and Safety Code, section 241, that it IS a hospital for purposes of your CHL, and only a 30.06 posting can legally keep you out with your handgun.Russell wrote:JohnWayne wrote:A hospital cannot simultaneously be an educational institution. Therefore, you can go into the UMC (south) side without a problem even if they have 30.06 signs since it is government-owned (Lubbock County Hospital District) not otherwise prohibited. The HSC (north) side is off-limits since it is an educational institution (TTUHSC).
You can ignore all the 30.06 signs that TTU has at all the entrances to campus since you can explicitly carry anywhere but the premises of the school, which basically means anywhere but the buildings. I fought a long battle a few years ago to get them taken down, but the TTU General Counsel's attitude was they they were in compliance with all laws by having them posted, which is true - there is no law against posting a meaningless sign.
MD Anderson is another place that is a hospital and, thus, cannot be an educational institution. The lines between hospital and educational may get a bit fuzzy there, but you're probably safe in any other clinic buildings. They have 30.06s which you can safely ignore. It's probably the same situation for other UTMB facilities.
Jeff
I don't know about all of this "safely ignore" stuff. I'm not quite so sure that I would be so quick to say that you can ignore 30.06 postings. I have never heard of a hospital that can't also be an educational instituton.
Can anybody else chime in on this?
- Wed May 02, 2007 11:26 pm
- Forum: General Texas CHL Discussion
- Topic: 30.06 Valid?
- Replies: 24
- Views: 5090
Jeff, you are mistaken that 30.06 cannot include parking lots. ONLY those places expressly covered in 46.03 and 36.035 EXCLUDE parking lots.JohnWayne wrote:A hospital cannot simultaneously be an educational institution. Therefore, you can go into the UMC (south) side without a problem even if they have 30.06 signs since it is government-owned (Lubbock County Hospital District) not otherwise prohibited. The HSC (north) side is off-limits since it is an educational institution (TTUHSC).
You can ignore all the 30.06 signs that TTU has at all the entrances to campus since you can explicitly carry anywhere but the premises of the school, which basically means anywhere but the buildings. I fought a long battle a few years ago to get them taken down, but the TTU General Counsel's attitude was they they were in compliance with all laws by having them posted, which is true - there is no law against posting a meaningless sign.
MD Anderson is another place that is a hospital and, thus, cannot be an educational institution. The lines between hospital and educational may get a bit fuzzy there, but you're probably safe in any other clinic buildings. They have 30.06s which you can safely ignore. It's probably the same situation for other UTMB facilities.
Jeff
If you are stating that TTU is an educational institution; therefore, a government owned place, which means 30.06 is non-applicable, then I agree.
However, if you are asserting that places listed in 46.03 and 46.035 can't post 30.06 just because, I disagree. There is nothing in the Penal Code that indicates that a private school, hospital or other place listed in 46.03 or 46.035, other than a government owned place, cannot post enforceable 30.06.
Sorry of I missed your point.