Search found 14 matches

by KBCraig
Thu Jun 26, 2008 2:21 am
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

Re: Cities improperly posting 30.06 signs?

rgraham541 wrote:I know it is posted here elsewhere but just to confirm: San Antonio International airport (Terminal 2) has a very legal 30.06 notice posted at all the main entrances coming from the parking lot and well outside the secure area of the airport. Did a little research and the San Antonio airport web site clearly indicates the airport is OWNED and OPERATED by the city of San Antonio.
Then it's not a "very legal 30.06 notice".

It's not illegal, it's just irrelevant on city-owned property.
by KBCraig
Wed Mar 12, 2008 4:24 pm
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

Re: Cities improperly posting 30.06 signs?

Following up:
KBCraig wrote:
KBCraig wrote:Just sent to the Texarkana Parks & Recreation manager:
And his response:

Kevin,
Thanks for you email and information. I will have to check this
with the City Attorney's office. We will have it removed after
discussing the information you sent me. Thanks again for the heads up.
Morning Kevin,
I have already checked this out with the City Attorney's office and we will be removing the signs ASAP. Thanks again for your help in this matter, we were actually in the process of placing new graphics on the SWC windows which included the "No Guns" signage. Please let me know if there is anything else, once again we apppreciate the information.
by KBCraig
Wed Feb 27, 2008 12:31 pm
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

Re: Cities improperly posting 30.06 signs?

KBCraig wrote:Just sent to the Texarkana Parks & Recreation manager:
And his response:

Kevin,
Thanks for you email and information. I will have to check this
with the City Attorney's office. We will have it removed after
discussing the information you sent me. Thanks again for the heads up.

:thumbs2:
by KBCraig
Mon Feb 25, 2008 9:21 pm
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

Re: Cities improperly posting 30.06 signs?

Just sent to the Texarkana Parks & Recreation manager:

Greetings!

I had occasion to be at the Southwest Center recently, and noticed some old signs on the doors stating that licensed concealed carry of handguns was prohibited.

That old language (from Vernon's Civil Statutes) has been obsolete since 1997. Cities (and any other unit of government other than the state legislature) cannot restrict the carry or possession of firearms in any way.

Since those notices are obsolete and unenforceable, can we get them scraped off? Concealed Handgun Licensees know the signs are meaningless, but not everyone does. It would be an unfortunate tragedy if a criminal got the idea that the Center was another "gun free zone" (also known as "unarmed victim zone") like Northern Illinois University, the Kirkwood Missouri city hall, or Virginia Tech.

Thanks for your time. If you have questions, feel free to call me at 903-xxx-xxx.

Kevin Craig
by KBCraig
Sat Sep 15, 2007 11:30 pm
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

Re: Police may temporarily disarm a CHL holder

cpix wrote:SB 1709 Disarming of CHL holder within Secure Area of Police or Sheriff Department’s Office.
This was discussed here:
http://www.texasshooting.com/TexasCHL_F ... 817#109817

and here:
http://www.texasshooting.com/TexasCHL_F ... php?t=9557

Synopsis: this new only only allows police to disarm CHLs in a narrow set of circumstances. It does not make disarming mandatory. It does not make the premises off-limits. It imposes no duty to declare that you're an armed CHL. There is no penalty for a CHL who carries in such a place.

Kevin
by KBCraig
Thu Sep 13, 2007 2:36 am
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

Re: 30.06 in Houston Police Station

cpix wrote:Twice now I have had to visit the Gulfton Storefront (HPD station) and they have had a 30.06 sign in the window. I wait outside and talk to them through the doorway and tell them I am armed and they always say to come on in. I mentioned to one of the officers that the sign was not legal and she said "Yes, we know" but it is still there. Am I correct that it should not be there?
There is nothing that prohibits them from posting the sign. The sign doesn't stop a CHL from carrying there, but it's not illegal for them to post it.
by KBCraig
Wed Mar 28, 2007 9:51 pm
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

Re: Intent of 30.06 signs

keb wrote:I started looking at this thread due to a 30.06 sign showing up at my son's high school (Clear Brook in SE Houston), which I think is totally asinine. But reading this list, I think I may not understand the intent of the 30.06 law. Reading the statute, it says that any public facility may post a 30.06 sign if they wish to exclude CHL holders from carrying on their premises. Is there an exclusion to Government entities? Does the 30.06 only apply to privately owned property?
There is nothing in the law that forbids posting by government entities. The law just says that if a government entity does post, it has no effect on a CHL. (The statutory restrictions are still in effect: school buildings, meetings of governmental bodies, courts, etc.)

Kevin
by KBCraig
Sun Mar 04, 2007 9:21 pm
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

Liberty wrote:It looks like there is the makings here for a good movie.
Sounds like they need to be the site of a new Buford Pusser remake!
by KBCraig
Sat Aug 05, 2006 2:46 am
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

Re: Presbyertian Hospital of Greenville

S&W6946 wrote:I returned to Presbyterian Hospital of Greenville today to visit my mother again. I paid particular attention to their signs. They are posted on the glass of the front doors. "State Law prohibits Handguns on these premises"; below that "No Handguns"; below that the ghostbusters sign. Its all repeated in Spanish.

To my understanding these are not 30.06 compliant, so I carried. Was I wrong?
If that's the entire wording (i.e., they didn't include the statutory 30.06 language), then yes: they were not compliant, and you were not in violation to carry there.

I'll leave aside all arguments about "school activities", and the possible presence of MD residents or nursing students.

Kevin
by KBCraig
Tue Apr 25, 2006 11:21 am
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

Re: Fort Worth municipal offices

switch wrote:I do not like to call the 30.06 signs on municipal buildings 'illegal', I prefer to call them unenforceable.
That is more accurate, but I'd prefer it if they were illegal.

Kevin
by KBCraig
Sat Apr 01, 2006 2:08 am
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

Re: Rockwall City Hall

Arock wrote:S&W you are correct. However in the Rockwall County Government Building, County Judge Bill Bell and County Court At Law Judge David Rakow are both vehemently opposed to civilians having the right to concealed carry as is local District Attorney Ray Sumrow who is so paranoid he won't even allow his photograph be posted on the official Rockwall County website.

I also noticed the signs posted at the Government Center are NOT correct 30.06 signage. I am, however, not about to tell them. The uniformed officer at the door that forces everyone entering the building go through a metal detector is of the absolute belief that NOONE except LEO's can enter the building with a firearm and he is obstinate in his error.

I am waiting for someone to "violate" the unlawful ban. I have talked with several local defense attorneys about the issue and they are in agreement it will make one of them a good case. I will not be the defendant however. :o
Hmmmm.... :twisted:

I believe Congressman Ralph Hall, Texas-4th (R-Rockwall), might be interested in this. Even though this is a state and local matter and he's a U.S. Congressman, he's a hard-core supporter of free men bearing arms. I'm working with him on some workplace issues, so I don't want to use up all my political capital, especially for an issue 170 miles away.

But for those of you in the area, you might drop him a line.

Kevin
by KBCraig
Tue Feb 14, 2006 7:13 pm
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

ShootNMove wrote:
JohnKSa wrote:Right--the part about the card or document applies to something delivered in some manner directly to the person being notified.
Thanks for clearing that up for me. I was confused. So if a restaurant has a document posted on their window that meets only 1/3 requirements listed under (B), then it's an incorrect posting and I can carry inside legally?
Yes. But I wouldn't bring it to anyone's attention that you've noticed the sign. If it doesn't meet the 30.06 standards, it's invisible.

Kevin
by KBCraig
Sun Feb 12, 2006 8:20 pm
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

ShootNMove wrote:So then they don't have to be in Spanish, 1" block letters or posted in a conspicuous location as long as it meets the requirements in (A)?

That answers my question. Thanks for your i/p. :grin:
Just remember that (A) doesn't apply to posted signs.
by KBCraig
Sat Feb 11, 2006 5:26 pm
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 402279

ShootNMove wrote:I'm just curious because there is a rather ambiguous "OR" in the statute:

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 holder of license to carry a concealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code (concealed handgun 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 A misdemeanor.
(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.

That "or" leads me to believe that a prosecutor could justify a non-compliant posting.

Does it mean a card, document OR sign?

--or--

A card/document with that language OR a sign that meets the following requirements? Do the (i), (ii), and (iii) apply to both (A) and (B), or just (B)?
It's not ambiguous. If either (A) or (B) are met, then a CHL has sufficient notice that entry is prohibited while armed. It couldn't be used to justify a non-compliant posting unless the CHL were also given notice under (A).

Items (i)-(iii) are subsections of (B), and do not apply to (A).

Kevin

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