Work at the Stephen F. Austin State Building...

TheYoungGuy · #1

So, I guess this is a no-carry zone?

KBCraig · #2

Why would it be? I don't know what goes on there, but unless it's a prison, a court or a school, it's not off limits.

TheYoungGuy · #3

There are no signs posted, but I don't know... Is there a way to know for sure? Like someone I could call or an internet resource?

Venus Pax · #4

I'm thinking your legal there, but wait for one of the instructors to get here. They'll have a more definite answer.

TheYoungGuy · #5

Venus Pax wrote:I'm thinking your legal there, but wait for one of the instructors to get here. They'll have a more definite answer.

I'm the new guy at work, and thus, park light years away from my office. Waiting for an instructor or TXI opinion won't be a problem because I'm not hoofing it back to my vehicle with only 80 minutes left in the day!

CWOOD · #6

It is LEGAL. As mentioned, unless it otherwise a restricted place due to having court, school, jail, or posted official meeting it is not illegal to carry in a state building.

However you may be prohibited as a condition of employment from carrying in the building.

They can't prosecute you but they can fire you.

TheYoungGuy · #7

CWOOD wrote:They can't prosecute you but they can fire you.

Grr... See, I want to just not worry too much about it because I am only an intern and leaving in mid-August. Yet, at the same time, I feel like I should ask someone, but as we all know, that will just label me (instantly) as the gun guy.

For this very second, it really doesn't matter. The combination of my XD 4" and the Texas summer heat leaves me with no way to carry anyway. I'm going to have to acquire a pocket pistol; no doubt about it.

tornado · #8

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.

Kalrog · #9

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.

I believe your instructor to be incorrect on this point. Read TPC section 30.06 and draw your own conclusions (or pay a lawyer for real legal advice as this is worth what you paid for it - even if I do think I am correct).

A 4" pistol isn't tough to conceal even in the summer. Even commuting on a bicycle. Even if it is a 1911.

KBCraig · #10

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.

tornado · #11

Thanks, that's exactly how I read the law.

I'd still like to see the policy changed, though. I don't want to do something to get myself fired.

ExitusLSU · #12

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?

txinvestigator · #13

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?

ExitusLSU · #14

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.

Thanks,
ExitusLSU

KBCraig · #15

ExitusLSU wrote: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?

The whole scenario is based on them already knowing you have a gun (through whatever means), and that is the true basis of asking you to leave.