30.06 Ruling Letters

[ScottDLS]

Where's everyone that was calling for AG Paxton's head merely days ago? How about everyone that said that his indictment makes him unfit to serve.... 'cause he did some bad stuff or whatever?

Also, just because the state courts let Perry get away with "abuse of office" for vetoing a budget... Who does he think he think he was, the Governor or something? Anyway, that doesn't mean we don't need an AG that will unilaterally declare Constitutional Carry NOW. Get rid of Paxton and put him in jail for declaring the Dallas Zoo an Amusement Park. Why do we keep electing people that read the law as it was written instead of what it was supposed to mean?

[locke_n_load]

Waiting patiently for the Houston Zoo letter.

[dhoobler]

I share your frustration with the 5 month delay. But my bigger frustration is with the limitations of the law itself. I think the real fix needs to be done in the legislature. And should focus on some of the following modifications:
~snip~

I agree with your point on the law. To understand why the law is so convoluted, we need to look at how laws get enacted.

The legislature meets 180 days out of every biennium. They don't have much time to get good laws passed.

Democrats use every trick in the book to stop 2nd amendment legislation. They use points of order, chubing and committee hearings as a platform to put forth their agenda, which frequently includes half truths and outright falsehoods. Sloppy laws get passed at the last minute. The campus carry law passed the house for the final time with less than 30 minutes left in the session.

An example of sloppy law is that used by the Dallas zoo to keep their 30.06/30.07 signs. On the one hand, the signs are prohibited because the zoo sits on government owned property. On the other hand, the signs are permitted because the zoo is an amusement park. Trying to figure this out leads to circular logic. The fix is to remove amusement parks from 30.06, which the legislature should have done in 2003 when they changed 46.035 to add the 30.06 posting requirement to amusement parks. Prior to that, amusement parks were off-limits by statute. The legislature should have just removed amusement parks from 46.035 and treated them as any other private property.

We are sometimes our own worst enemies. We overreach trying to get what we want. An example is SB 273. That law passed in the 2013 legislature, but due to an amendment added by then Senator Dan Patrick at the last minute, the house voted down final passage. Had it not been for that overreach, we could have had gotten these invalid 30.06 signs taken down two years ago by then AG Greg Abbott.

Edit: "The fix is to remove amusement parks from 30.06" should has said "The fix is to remove amusement parks from 46.035"

[nimravus01]

This came up in my Facebook feed: http://www.breitbart.com/texas/2016/04/ ... ry-rights/

[RossA]

The Dallas Zoo is owned by the city. They make the outlandish claim that they contract with someone else to operate the facility, and the operator claims to be an amusement park. It is still city property. Or doesn't the AG realize that?
As a previous poster mentioned, a very few letters in all of these months, and some of them came after the offending signs were already taken down. Hard working public officials. Maybe if Paxton goes to jail on his pending charges we will get a real AG.

[Soccerdad1995]

The Dallas Zoo is owned by the city. They make the outlandish claim that they contract with someone else to operate the facility, and the operator claims to be an amusement park. It is still city property. Or doesn't the AG realize that?
As a previous poster mentioned, a very few letters in all of these months, and some of them came after the offending signs were already taken down. Hard working public officials. Maybe if Paxton goes to jail on his pending charges we will get a real AG.

The AG's letter says that it is government owned property so I am sure he realizes that. Does the Amusement Park loophole not apply to government owned property?

[Abraham]

I don't applaud his foot dragging.

Only the public's hue and cry made him do his anemic duty.

He could do a lot more, but will only do enough to let some of the heat off...

I'm dismayed at what little he's done

It's not nearly enough.

[Papa_Tiger]

The Dallas Zoo is owned by the city. They make the outlandish claim that they contract with someone else to operate the facility, and the operator claims to be an amusement park. It is still city property. Or doesn't the AG realize that?
As a previous poster mentioned, a very few letters in all of these months, and some of them came after the offending signs were already taken down. Hard working public officials. Maybe if Paxton goes to jail on his pending charges we will get a real AG.

The AG's letter says that it is government owned property so I am sure he realizes that. Does the Amusement Park loophole not apply to government owned property?

Read the law to find out:

TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN.
(a) A license holder commits an offense if the license holder:
(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.
(e) 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.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person:
(1) on the premises of an institution of higher education or private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) or (a-1) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.

Essentially, since "Amusement Parks" are listed under 46.035 as a location we cannot carry if we are given effective notice, a government owned amusement park that meets the definition included in 46.035 is allowed to post.

[RossA]

The definition of amusement park is that the place must have "amusement rides." So if the zoo has one little kids train, that makes it an amusement park? Or wasn't the law intended to mean Astroworld, Six Flags, etc. which is built around rides?
And yes, I know that Astroworld isn't there anymore.

[Jusme]

The definition of amusement park is that the place must have "amusement rides." So if the zoo has one little kids train, that makes it an amusement park? Or wasn't the law intended to mean Astroworld, Six Flags, etc. which is built around rides?
And yes, I know that Astroworld isn't there anymore.

I am sure the law was meant to be applied to the large parks Six Flags, Sea World, Astroworld etc.. However, like a lot of things with the 75 acre minimum requirement, the Dallas Zoo falls under that umbrella. As stated by a previous poster, this will have to be addressed by the legislature. The AG can't unilaterally change the statute. I too am frustrated, but I'm a person that likes to make things happen quickly, and unfortunately when it comes to this type of thing in the State government, speed is not their strong suit. I do applaud the AG for investigating these on a one by one basis, since the laws are somewhat convoluted, and each case will have it's own unique resolution. I will continue to write my state representatives to address these issues in the upcoming session, but until then we can only twiddle our thumbs until these issues are resolved.

[ELB]

Thanks for the link dhoobler! Do you know how long this page has been up? I was looking for something like this last week and didn't find it.

To be honest, I don't know how long the link has been up. I looked for it recently like everyone else over the past few weeks and came up short. I stumbled across it today.

For anyone that loses track of the actual url, you can go the the attorney general's website, on the home page select "Around the Agency" and you get a display that drops down. Under the first heading, "Topics", there is the entry "3006 Complaints". Select that and it will take you to a page that has a link on it for "30.06 Ruling Letters" as well as information and forms for processing a 30.06 complaint.

[casp625]

The Dallas Zoo is owned by the city. They make the outlandish claim that they contract with someone else to operate the facility, and the operator claims to be an amusement park. It is still city property. Or doesn't the AG realize that?
As a previous poster mentioned, a very few letters in all of these months, and some of them came after the offending signs were already taken down. Hard working public officials. Maybe if Paxton goes to jail on his pending charges we will get a real AG.

The AG's letter says that it is government owned property so I am sure he realizes that. Does the Amusement Park loophole not apply to government owned property?

Read the law to find out:

TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN.
(a) A license holder commits an offense if the license holder:
(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.
(e) 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.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place. It is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.
(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person:
(1) on the premises of an institution of higher education or private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing facility administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) or (a-1) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.

Essentially, since "Amusement Parks" are listed under 46.035 as a location we cannot carry if we are given effective notice, a government owned amusement park that meets the definition included in 46.035 is allowed to post.

Yes but the term amusement park does not apply to any sidewalk or walkways, per statute

[WildBill]

Essentially, since "Amusement Parks" are listed under 46.035 as a location we cannot carry if we are given effective notice, a government owned amusement park that meets the definition included in 46.035 is allowed to post.

Yes but the term amusement park does not apply to any sidewalk or walkways, per statute

1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

I haven't been to the zoo is a while. Do they have amusement rides?

[JALLEN]

Where's everyone that was calling for AG Paxton's head merely days ago? How about everyone that said that his indictment makes him unfit to serve.... 'cause he did some bad stuff or whatever?

Also, just because the state courts let Perry get away with "abuse of office" for vetoing a budget... Who does he think he think he was, the Governor or something? Anyway, that doesn't mean we don't need an AG that will unilaterally declare Constitutional Carry NOW. Get rid of Paxton and put him in jail for declaring the Dallas Zoo an Amusement Park. Why do we keep electing people that read the law as it was written instead of what it was supposed to mean?

1. Great job of assuming accusations are guilt.

2. "The courts let Perry get away..." How about these judges, whose responsibility it is to decide these matters concluded the indictments were improvidently brought?

3. ".... keep electing people that read the law as it was written instead of what it was supposed to mean?" How are people supposed to know what the law was "supposed to mean" if the Legislature can't bring itself to say what it means.

I am going to indulge in the assumption that all of this was cynically and sarcastically intended, which you can disabuse me of at your leisure.

Otherwise, c'mon, man!