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by barres
Thu Jun 29, 2006 3:11 pm
Forum: General Texas CHL Discussion
Topic: Another school question
Replies: 33
Views: 3803

kw5kw wrote: The wording doesn't have to be the same to get you fired!

The wording has to be the same to get you for Criminal Tresspass!

Russ
Um, that's exactly what I said in my last sentence. :smile:
by barres
Thu Jun 29, 2006 8:36 am
Forum: General Texas CHL Discussion
Topic: Another school question
Replies: 33
Views: 3803

kw5kw wrote:Charles, this is as close as I can get to my original post.

GC §411.203.
RIGHTS OF EMPLOYERS.
This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter from carrying a concealed handgun on the premises of the business.


PC §30.05. CRIMINAL TRESPASS.
(a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone
with apparent authority to act for the owner;


Rights of an emplyer are effective if given in any form of communication. If you're told you can't carry over a cup of coffee... that's all that is required.
If you're given notice in a handbook that you can't carry on company proerty or in a company vehicle... that's all that is required.
If your're an employee the Ghostbuster sign is all that it takes to make you in violation of the company's policy and you can be fired. You can't be charged with criminal trespass but you can be fired.

If you're sitting in MickeyD's eating a hamburger and a pimply faced 16 year old comes over to you and request you leave because he caught a glimpse of your weapon, then you have to leave because that kid is an employee acting in behalf of that restraunt. That doesn't mean that you can't go put your weapon in the car and then come back in and VERY POLITELY ask for the manager and explain who you are, and what it means to have a CHL.

The key is being polite!!!

One more thing...
In here in Texas we have the 30.06 sign... no where else but Texas do we have this sign!

In Ohio, for example, the Ghostbuster sign IS THEIR SIGN!

In New Mexico, for example #2, you can't go into ANY store that sells alcohol... PERIOD.
That means you can't go into Wal-Mart in New Mexico, or Safeway, Kroger! Neither can you go into any restraunt that sells alcohol such as Chili's or Red Lobster.

It's very important that you know the rules of the state that you travel to/through.

Russ
I believe you're quoting 30.06 and not 30.05, but there is one thing you forgot about in the section I bolded. For a charge of criminal tresspass, the written notification must use the 30.06 wording required on the sign. Not the size requirements, etc., but the wording must follow it. That doesn't mean you can't be fired if the wording isn't compliant with 30.06, but you shouldn't be convicted of criminal tresspass.
by barres
Tue Jun 27, 2006 7:17 am
Forum: General Texas CHL Discussion
Topic: Another school question
Replies: 33
Views: 3803

Sounds right to me, Diode.
by barres
Mon Jun 26, 2006 4:37 pm
Forum: General Texas CHL Discussion
Topic: Another school question
Replies: 33
Views: 3803

Diode wrote:
I think your on the mark with this but I also like knowing what the LEO's are thinking is correct ;-)
thanks!
Remember that PC 46.035's definition of "premises" only applies to PC 46.03 and 46.035. Therefore what the officer told you regarding your "premises" is probably accurate, but doesn't apply when talking about CHL's and places off limits. Am I reading what you wrote correctly, Chas?
by barres
Mon Jun 26, 2006 12:31 pm
Forum: General Texas CHL Discussion
Topic: Another school question
Replies: 33
Views: 3803

Another school question

It's summer, and school is out. On Saturday (not a school day even if it isn't summer), my son wanted to go play on the playground at the elementary school a couple of blocks from our house. We did not enter the school building, but my son rode his bike around the empty parking lot and played on the playground. I have my CHL (finally), and know that school "premises" are off-limits, but what about the situation I just described? Would it have been legal for me to carry in the school parking lot and playground on a weekend in the summer? There was noone there to have noticed, had I been packing, but I don't hold to the "it's only illegal if you get caught" philosophy.

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