Cities improperly posting 30.06 signs?

[blue]

Mar 12, 2011

???? Is there ANYTHING AT ALL, in the 2011 session in Austin now, to help fix this ????

[seamusTX]

Not to my knowledge.

As I probably said somewhere in the 420 previous posts in this thread, the legislature can only do so much.

State law makes clear that cities and counties cannot restrict CHL holders outside the scope of PC 46.03 and 46.035.

If a CHL holder is arrested, first of all, it must be the result of an illegal search or a concealment failure. Then the lawyers get to work things out. Probably charges are dropped in most cases. Otherwise we might have some case law.

- Jim

[blue]

Thank You for the reply.

[bkj]

I still find it ironic that this signage requirement is filed under a code that is numbered (virtually) the same as one of the most popular rifle cartridge sizes ever.

Coincidence? I think not...

now that i think of it, have you ever even heard anyone call it a "thirty point oh six" sign? every time i've heard someone talk about it they called it a "thirty ought six" sign.

Only some Lawyers

[evilmercer]

I had a victory with my local city recreation center.

A few weeks ago I looked into joining the gym there and was greeted with a 30.06. When I emailed with the director of parks and rec it eventually led to this.

The city has concluded its investigation into the rights of a licensed C H L holder and agrees with your statement that the entryway signage is incorrect and will be corrected as soon as possible, with this exception: When a school (BISD) sponsored activity is being conducted at the BRiCk. As you know, Section 46.03 of the Penal Code prohibits "carrying a weapon on “any grounds or building on which an activity sponsored by a school or educational institution is being conducted.” During such times of BISD sponsored activities, we will post such notice publicly to inform all users of the center. When the center is not being used for an activity sponsored by a school or educational institution, it does not fall within “a premises or other place on which the license holder is prohibited from carrying the handgun under §46.03 or §46.035.”

This was all within 2 weeks time and I was very impressed with the way the city responded and did not immediately ignore my concerns.

[RPB]

I had a victory with my local city recreation center.

A few weeks ago I looked into joining the gym there and was greeted with a 30.06. When I emailed with the director of parks and rec it eventually led to this.

The city has concluded its investigation into the rights of a licensed C H L holder and agrees with your statement that the entryway signage is incorrect and will be corrected as soon as possible, with this exception: When a school (BISD) sponsored activity is being conducted at the BRiCk. As you know, Section 46.03 of the Penal Code prohibits "carrying a weapon on “any grounds or building on which an activity sponsored by a school or educational institution is being conducted.” During such times of BISD sponsored activities, we will post such notice publicly to inform all users of the center. When the center is not being used for an activity sponsored by a school or educational institution, it does not fall within “a premises or other place on which the license holder is prohibited from carrying the handgun under §46.03 or §46.035.”

This was all within 2 weeks time and I was very impressed with the way the city responded and did not immediately ignore my concerns.

Isn't it fun educating people? Especially those who "govern us"?

[speedsix]

...great response...thanks for taking the time to squeal about it!!!

[JJVP]

When a school (BISD) sponsored activity is being conducted at the BRiCk. As you know, Section 46.03 of the Penal Code prohibits "carrying a weapon on “any grounds or building on which an activity sponsored by a school or educational institution is being conducted.” During such times of BISD sponsored activities, we will post such notice publicly to inform all users of the center. When the center is not being used for an activity sponsored by a school or educational institution, it does not fall within “a premises or other place on which the license holder is prohibited from carrying the handgun under §46.03 or §46.035.”

And what happens if you are at the gym, carrying, before the school activity starts and before they put the sign. Are you supposed to run off the building as soon as you see students? What if you are in a different part of the building and don't notice that there are students, what then? Might want to get them to clarify these what ifs, just in case.

[Keith B]

When a school (BISD) sponsored activity is being conducted at the BRiCk. As you know, Section 46.03 of the Penal Code prohibits "carrying a weapon on “any grounds or building on which an activity sponsored by a school or educational institution is being conducted.” During such times of BISD sponsored activities, we will post such notice publicly to inform all users of the center. When the center is not being used for an activity sponsored by a school or educational institution, it does not fall within “a premises or other place on which the license holder is prohibited from carrying the handgun under §46.03 or §46.035.”

And what happens if you are at the gym, carrying, before the school activity starts and before they put the sign. Are you supposed to run off the building as soon as you see students? What if you are in a different part of the building and don't notice that there are students, what then? Might want to get them to clarify these what ifs, just in case.

Actually, there is consensus among many in the know that unless the facility is owned by the school, or fully under their control when the activity is taking place, that it does not fall under the guidelines of 46.03. A good example is a museum or the zoo does not automatically become off limits just because a school field trip shows up.

So, this might be a good time for the city to get a legal ruling, including an opinion from the Attorney General to if the facility becomes off-limits when a school function is being held but the school is not totally controlling the facility (i.e. others can still use it.)

[JJVP]

When a school (BISD) sponsored activity is being conducted at the BRiCk. As you know, Section 46.03 of the Penal Code prohibits "carrying a weapon on “any grounds or building on which an activity sponsored by a school or educational institution is being conducted.” During such times of BISD sponsored activities, we will post such notice publicly to inform all users of the center. When the center is not being used for an activity sponsored by a school or educational institution, it does not fall within “a premises or other place on which the license holder is prohibited from carrying the handgun under §46.03 or §46.035.”

And what happens if you are at the gym, carrying, before the school activity starts and before they put the sign. Are you supposed to run off the building as soon as you see students? What if you are in a different part of the building and don't notice that there are students, what then? Might want to get them to clarify these what ifs, just in case.

Actually, there is consensus among many in the know that unless the facility is owned by the school, or fully under their control when the activity is taking place, that it does not fall under the guidelines of 46.03. A good example is a museum or the zoo does not automatically become off limits just because a school field trip shows up.

So, this might be a good time for the city to get a legal ruling, including an opinion from the Attorney General to if the facility becomes off-limits when a school function is being held but the school is not totally controlling the facility (i.e. others can still use it.)

I agree with you, that's why I asked the OP to contact the city to get a clarification.

[Diz]

I find it ironic that the Gun Show at Reliant had a 30.06 posting but the Boat Show going on at the same time in the hall right next to it did not.

[puma guy]

I previously posted about Pasadena Police Department exhibiting a 30.06 sign on the entrance. I had occaision to visit recently and it's been removed.

[RPB]

I previously posted about Pasadena Police Department exhibiting a 30.06 sign on the entrance. I had occaision to visit recently and it's been removed.

[GrillKing]

That is good news!!

[RHenriksen]

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Just posted in the thread above about a notice on the Alley Theatre website (at the completion of ticket purchase) that 'persuant to 30.06, no guns'. But HCAD shows the property as having 'X1 governmental exemption'. So... are they allowed to ban CHLs?