Search found 4 matches

by KBCraig
Fri Jun 29, 2007 9:43 pm
Forum: General Texas CHL Discussion
Topic: Grapevine Mills Mall
Replies: 119
Views: 42427

Re: re:

sting3r wrote:It happened in front of a ruth chris steak house in the harbor area of baltimore. I was attending a security conference sponsored by the NSA.
Oh, the irony... beaten and robbed at a "security conference" in "the good part" of "gun-free Maryland". :shock:

I don't think you mentioned it, but I'm sure you learned another very important lesson that day: situational awareness. Even in gun-friendly Texas, even if you had your CHL, and were carrying the rig you'd just won an IDPA match with earlier in the day, it wouldn't help much if your first awareness of the BGs was a pipe upside the ol' noggin.

I'm glad you've recovered, and I'm glad you're adopting a healthy approach to personal security. Good luck with your journey.

Kevin
by KBCraig
Wed May 09, 2007 5:25 pm
Forum: General Texas CHL Discussion
Topic: Grapevine Mills Mall
Replies: 119
Views: 42427

Re: Parking Lot, Grapevine Mills

tfrazier wrote:You raised an interesting couple of points regarding my "proof" and I'm a little less certain of my position now, but not yet convinced I am wrong...

Regardless of our beliefs on the parking lot issue, it's pretty obvious we all agree they won't be getting any of our money. I'll shut up about the premises debate until I become convinced I'm wrong or get clear and concise proof I'm right. Enjoyed the debate, though!
We're definitely in agreement about not giving them our money!

Here's one more thing for you to chew on:

§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license
holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.
(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.


Nothing there about "premises". PC 30.06 only deals with "property".
by KBCraig
Wed May 09, 2007 1:20 pm
Forum: General Texas CHL Discussion
Topic: Grapevine Mills Mall
Replies: 119
Views: 42427

Re: Parking Lot

tfrazier wrote:
KBCraig wrote:
tfrazier wrote:30-06 allows them to ban us from the premises, inside the doors. Does NOT apply to parking lots.
Of course it applies, if they post the parking lot entrances.
Check the Texas Penal code. Very specific, "Premises" is defined as inside the doors of the building itself. It does not apply to parking lots, drives, or streets.
Yes, it is very specific, and here is what it says (pay attention to the part in red):

PC 46.035 (f) In this section:
(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.


You may have noticed that is from PC 46.035; the definition given there only applies to that section, and to PC 46.03 (which specifically refers to the definition as given in 46.035).

It states that 30-06 applies only to "Premises".
The word "premises" only appears in PC 30.06 once, in the paragraph that says 30.06 doesn't apply on government property, unless it is a "premises or other place" that is statutorily off limits. Such as those listed in 46.035, for instance.

Since there is no definition of "premises" in Chapter 30, common usage applies. That means "premises" can include not just buildings, but the appurtenant grounds. There is no restriction on what kind of "premises" may be posted with a valid 30.06 notice.

Here is a quote from the Texas Attorney General Letter Opinion No. 96-009:
'(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.' - excerpted from http://www.oag.state.tx.us/opinions/LO96/LO96-009.pdf
The AG was quoting the law as it pertains to schools (sections 46.03 and 46.035, as I noted above), in response to a query about schools.

That has nothing whatsoever to do with 30.06 notices.

Kevin
by KBCraig
Wed May 09, 2007 9:43 am
Forum: General Texas CHL Discussion
Topic: Grapevine Mills Mall
Replies: 119
Views: 42427

Re: Parking Lot

tfrazier wrote:30-06 allows them to ban us from the premises, inside the doors. Does NOT apply to parking lots.
Of course it applies, if they post the parking lot entrances.

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