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GrillKing wrote:The question for me now is: Are there other instances such as this where 30.06 doesn't apply for gov entities, but some other part of the PC makes it an issue for license holders?

Good question.

PC §46.035(i) says that hospitals, churches, and amusement parks must be posted to be off-limits.

If a municipality owned an amusement park that met the other conditions (in a county of more than 1 million population, etc.), IMHO that would be a valid posting.

Municipalities don't generally own churches, but sometimes congregations rent facilities from municipalities. In that casey, the premises could also be posted, IMHO.

- Jim

barres wrote:But PC46.035 requires effective notice under Section 30.06 for hospitals to be prohibited. How can effective 30.06 notice be given at a location where 30.06 has no effect?

The key is the phrase, "(e) It is an exception to the application of this section," in 30.06.

30.06 doesn't apply, but other statutes are unaffected.

- Jim

KBCraig wrote:It's actually simple, like Steve explained: the CHL wouldn't be charged with PC 30.06 "Trespass by a license holder", but with PC 46.035 "Unlawful carry by a license holder".

OK. Thanks. I didn't get it when Steve explained it.

- Jim

This is an interesting situation that will have to be resolved by case law, if ever.

PC §46.035(b)(4) says that CHL holders cannot carry weapons in hospitals.

PC §46.035(i) says that hospitals are not off-limits unless posted with a 30.06 sign. This clause was added several years after 46.035 was originally passed into law.

PC §30.06(e) says

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.

My brain hurts.

- Jim

Charles L. Cotton wrote:If you have to rant and attack everything and everyone you don't like or agree with, then go to tx.guns; you'll love it there.

Bring. It. On.

I would like to see more participation in tx.guns, and I would love to cut loose on certain topics that I don't discuss here.

Charles, will you allow links from this forum to tx.guns?

If anyone needs help setting up a newsgroup client, please e-mail me.

- Jim