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According to HCC pct5

http://www.constablepct5.com/2015/12/31 ... carry-law/

I like the statement in red, you should call the police if the is anything that causes you alarm other than the handgun being displayed.
Yes, if he is a know terrorist, or has a Martian like appearance, wearing different color socks, etc........

The Texas Municipal League provided info to many of these organizations that was not correct, in this case hospital and nursing home carry is not restricted unless posted with 30.06-07 signs. There does not seem to be an email address to the constable to easily tell them to correct their notice. Nothing new about how government services work.

What about an overnight stay at a hospital that is posted? Since you are charged for your stay, does that follow the same rules/laws as a hotel that is posted?

jason812 wrote:What about an overnight stay at a hospital that is posted? Since you are charged for your stay, does that follow the same rules/laws as a hotel that is posted?

I'd say no because you are not in control of the premises.

If posted it is posted so no carry of a handgun. But, see this post
http://www.texaschlforum.com/viewtopic.php?f=7&t=84069

Bill wrote:According to HCC pct5

http://www.constablepct5.com/2015/12/31 ... carry-law/

I like the statement in red, you should call the police if the is anything that causes you alarm other than the handgun being displayed.
Yes, if he is a know terrorist, or has a Martian like appearance, wearing different color socks, etc........

Their guidance is incorrect. Jails, Hospitals and Nursing Homes are not de facto off-limits.

The legislature REALLY NEEDS to fix 46.035 so so this is clear.

jason812 wrote:What about an overnight stay at a hospital that is posted? Since you are charged for your stay, does that follow the same rules/laws as a hotel that is posted?

Nope. If you've recently had in-patient surgery (a stay of one night or more) you'll know that the hospital--at least the major ones--are in full control of the premises, not you. You quickly realize you are in control of absolutely nothing...except trying to get on the nurses' good side.

You can bring nothing with you that isn't relinquished during prep. No belongings, not even a shred of clothing, follows you into surgery or even to your room. Regardless of what you bring with you, you go in naked but for the ridiculous open-back hospital gown.

Most major hospitals tell you to bring nothing but the clothes on your back: no valuables, no cell phones, no credit card, no toothbrush, nada. That's supposed to be carried in by a family member after they can visit you in the room you're assigned to after surgical recovery.

Trust me. I was in the hospital last month, and it took two days for me to even get my cell phone back in my hands, and that only because a kind nurse applied extra effort to make it happen. Thank you, St. Luke's...seriously; it was as good an experience as it could be.

IANAL, but nothing about the PC 46.02 phrase, "premises under the person's control," applies in hospital admission. You relinquish premises control when you agree to admission because you know up-front the loss of control that entails. Too, some, most, or all in-patient hospital charges are paid by your insurance carrier, further negating a claim of premises control.

Skiprr wrote:

jason812 wrote:What about an overnight stay at a hospital that is posted? Since you are charged for your stay, does that follow the same rules/laws as a hotel that is posted?

Nope. If you've recently had in-patient surgery (a stay of one night or more) you'll know that the hospital--at least the major ones--are in full control of the premises, not you. You quickly realize you are in control of absolutely nothing...except trying to get on the nurses' good side.

You can bring nothing with you that isn't relinquished during prep. No belongings, not even a shred of clothing, follows you into surgery or even to your room. Regardless of what you bring with you, you go in naked but for the ridiculous open-back hospital gown.

Most major hospitals tell you to bring nothing but the clothes on your back: no valuables, no cell phones, no credit card, no toothbrush, nada. That's supposed to be carried in by a family member after they can visit you in the room you're assigned to after surgical recovery.

Trust me. I was in the hospital last month, and it took two days for me to even get my cell phone back in my hands, and that only because a kind nurse applied extra effort to make it happen. Thank you, St. Luke's...seriously; it was as good an experience as it could be.

IANAL, but nothing about the PC 46.02 phrase, "premises under the person's control," applies in hospital admission. You relinquish premises control when you agree to admission because you know up-front the loss of control that entails. Too, some, most, or all in-patient hospital charges are paid by your insurance carrier, further negating a claim of premises control.

That makes sense except for the fact we (I mean my wife) are having a baby Tuesday. We get to bring bags and clothes and there is a shower in the room we will be in for a couple of days.

Also does the fact you didn't pay have any bearing? What if I was on a company trip in a hotel? I'm not paying out of my pocket.

Congrats! A new 2A baby, and we love you for that. Well, we love your wife more...but still.

Questions I can't answer. Again, IANAL, but for sake of opinion...

If you are a family member of an admitted patient, would that apply under 46.02? I'd think not. Again, you have no implied or actual control over the hospital room. If the hospital is posted 30.06/30.07, your entry if carrying is, I think, patently against the law.

You will sign a boatload of hospital pre-admission documents--if you haven't already--and therein may be your answer. You likely have already signed your acknowledgment that you will be unarmed.

I can't answer the company-paid hotel question. I've never had company pre-paid lodging in the US. In my lengthy experience, it's always been I pay-- with a company credit card--and then submit an expense report. However, if your company has pre-paid a hotel room, I could argue that you are not the person in control of that habitation, the corporation is.

Of course the sign is incorrect. Hospitals and nursing homes are not prohibited. (PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.(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.)

They fall into the category spoken of in the fourth bullet point...

"in addition to the above an individual or Corporate property owner may prohibit the carrying of a handgun, both concealed or openly, by posting notice 30.06/30.07 signs at every entrance of the property (incorrect again, this only applies to 30.07), or by giving verbal notice".

The constable's office of Harris County needs to take the Texas Department of Public Safety LTC training.

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