Work at the Stephen F. Austin State Building...
Posted: Tue Jun 05, 2007 9:52 am
So, I guess this is a no-carry zone?
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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!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.
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.CWOOD wrote:They can't prosecute you but they can fire you.
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).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.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.
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?KBCraig wrote:Simple: your instructor was dead wrong.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.
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.
For what cause?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?KBCraig wrote:Simple: your instructor was dead wrong.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.
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.
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.txinvestigator wrote:For what cause?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?KBCraig wrote:Simple: your instructor was dead wrong.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.
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.
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.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?