Search found 2 matches

by ExitusLSU
Fri Jul 27, 2007 4:03 pm
Forum: New to CHL?
Topic: Work at the Stephen F. Austin State Building...
Replies: 16
Views: 2811

txinvestigator wrote:
ExitusLSU wrote:
KBCraig wrote:
tornado wrote:My instructor swore up and down that they CAN prosecute you for tresspass if it's against agency policy. (I'm another state agency worker, in a different building.)

I'd like some more clarification on this.
Simple: your instructor was dead wrong.

Trespassing is PC 30.05, which says that criminal trespass doesn't apply if the reason for the trespass is that the actor is carrying a concealed handgun with a CHL. Unless being given notice by PC 30.06, of course... and in a government building, PC 30.06 does not apply except for meetings of governmental bodies.

There is no section of the Code that would allow them to prosecute a CHL for trespass for carrying a concealed handgun.

Of course, they could always claim you were being asked to leave for some reason completely unrelated to the handgun. I seriously doubt they'd be sharp enough to try that at the time of the incident, so if they ask you to leave and then summon the police, then make them answer this question (in front of the officer): "Am I being asked to leave because I'm carrying a concealed handgun?"

If they admit it, then you can't be prosecuted.
Well, if you ask that question, wouldn't you then be outing yourself as a CHL holder? Couldn't you get your license revoked at that point?
For what cause?
For confirming that you carry. Or does the outing only refer if another person "sees" your weapon and that you're currently carrying? We were told that if you were walking down the street and wind blows you coat open and someone sees your weapon and reports you, you could get your license revoked.

Remember I'm a noob at carrying, so I'm asking these questions to clarify questions that I have. :smile:

Thanks,
ExitusLSU
by ExitusLSU
Fri Jul 27, 2007 3:39 pm
Forum: New to CHL?
Topic: Work at the Stephen F. Austin State Building...
Replies: 16
Views: 2811

KBCraig wrote:
tornado wrote:My instructor swore up and down that they CAN prosecute you for tresspass if it's against agency policy. (I'm another state agency worker, in a different building.)

I'd like some more clarification on this.
Simple: your instructor was dead wrong.

Trespassing is PC 30.05, which says that criminal trespass doesn't apply if the reason for the trespass is that the actor is carrying a concealed handgun with a CHL. Unless being given notice by PC 30.06, of course... and in a government building, PC 30.06 does not apply except for meetings of governmental bodies.

There is no section of the Code that would allow them to prosecute a CHL for trespass for carrying a concealed handgun.

Of course, they could always claim you were being asked to leave for some reason completely unrelated to the handgun. I seriously doubt they'd be sharp enough to try that at the time of the incident, so if they ask you to leave and then summon the police, then make them answer this question (in front of the officer): "Am I being asked to leave because I'm carrying a concealed handgun?"

If they admit it, then you can't be prosecuted.
Well, if you ask that question, wouldn't you then be outing yourself as a CHL holder? Couldn't you get your license revoked at that point?

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