CHLer arrested in improperly posted hospital

[Mike1951]

Not that it will do any good, but I wrote a letter to the NRA's Civil Rights Defense Fund (even though I doubt this will meet all of their requirements), fired off a letter to James Dark of the TSRA and also wrote to the Bedford Chief of Police.

I haven't been able to find an email addy for the TV station. They might be interested in running an expose' about the ignorance of the police department and an innocent citizen wrongfully arrested.

[Mike1951]

Even though the NRA provided an email address to send to, I just received an autoresponse saying they only accepted reports via hard copy. By the time I could do that, I think the PD will try to make this go away.

Charles, any chance of getting the NRA involved with this case?

[Texasdoc]

here is a link to the Health and safety code for the state of Texas


http://tlo2.tlc.state.tx.us/statutes/hs.toc.htm


Doc

[Commander]

, though the hospital could fire her if it wanted to (I guess).

Apparently they already did....Channel 8 captions her as "Former Nurses Aide"

[Tim the Teacher]

Plano Presbyterian Hospital has the very same sign posted which I ignored when having my grandaughter treated for a blood disorder last week.

[jimlongley]

here is a link to the Health and safety code for the state of Texas


http://tlo2.tlc.state.tx.us/statutes/hs.toc.htm


Doc

Interesting, I wonder what section they are claiming it is a violation of, or are they just lying because they think no one can look it up. Searches of the Health and Safety code, for: firearm; handgun; gun; and weapon, produce very limited results, none of which relate to any sort of violation of the code.

[HankB]

In a just world, the local PD spokesman who publically accused her of a crime and the Barney Fife who wrongfully arrested her would personally pay some compensation.

[srothstein]

Just for clarification, the hospital spokesman did not claim it was a violation of the Health and safety code. They said the Health Resources Code of Conduct. This is their private (or maybe an industry) behavior plan and not a law.

The police Lt. is saying she violated 46.035. He clearly needs to learn to read the law better if he thinks there are no exceptions to this.

As for the law suit, I would think the officer himself is clear of any liability, but the department has a fairly clear failure to train vicarious liability.

I wish the picture of the sign had been clearer. Before I can say she clearly violated the law, I want to actually read the sign. I am still not convinced it has to be 30.06 wording and think it could be the wording of the 51% sign without the red 51. But it definitely has to be one of the two to be valid. I tend to agree that it has to be 30.06 compliant, but the wording of the government code law says the hospital has to place the other sign. I could see the city having no liability if it had the GC wording due to the contradictory wording of the laws.

But if it is just a no guns sign, she is golden.

[Texasdoc]

looking thru the penal code there is 46.035 (B) (4)


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 fails to conceal the handgun.
(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, 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[0] licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital[0] or nursing
home administration, as appropriate;

I don't know if this is the rule they are stating they arrested her on .

Doc

[nitrogen]

Read the whole law. There's an exception for hospitals if they arent posted 30.06. Thats a mistake many make, and i'm betting the officer and department made the same mistake.

[tbranch]

Title 10, 46.035 (B)(4) - on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;

Title 10, 46.035 (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.

This should be interesting.

Tom

[Commander]

After stopping, rewinding and starting the video several times (and straining my eyes)....the sign says "State law prohibits carrying a handgun on these premises". It is repeated again in spanish and then at the bottom there is reference to a legal code.

This sign is exactly the same as what I have encountered at Presbyterian Hospital of Greenville. Wordage must either be old or something required by the Hospital's Health Resources Code of Conduct.

It remains to be determined, but in the interview the former nurses aide said she had done everything right . She made no mention of any previous written warning from her employer.

Edit: I went back and read it one more time...the words "the" and "of" are not there. I have corrected it as above.

[doejohn]

I am writing both of them


Kirk Roberts Lieutenant kroberts@ci.bedford.tx.us

David Flory Bedford Police Chief dflory@ci.bedford.tx.us