30.06 Driveway Question

[kauboy]

You should at least ask them why their guard has to be armed. I mean since no guns will ever be in there anyways.

[Darwood]

Looking at PC 46.035 the definition of premises is given as such:

(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.

Looking at 30.06 is has the following

(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.

So since a parking garage is not included as premises why can't you carry concealed in your car if a 30.06 is posted?

[Darwood]

(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.

Actually I know the answer to this already. (e) only applies to property owned or leased by a government entity. The "and" is the keyword.

[KBCraig]

Looking at PC 46.035 the definition of premises is given as such:

(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.

You have to read it all, not just extract a sentence. Paragraph 3 is listed under subsection f, which says:
(f) In this section:

That means the definition in 46.035(f)(3) only applies to 46.035. The only "premises" that are off-limits per 46.035 are: 51% establishments; high school, professional, or collegiate sporting events; correctional facilities; hospitals; amusement parks; and places of worship. (Some of those restrictions now require 30.06 notices to be effective.)

The definition of premises in 46.035(f)(3) has nothing to do with whether or not 30.06 notices can be posted, nor where or how.

Kevin

[txinvestigator]

Looking at PC 46.035 the definition of premises is given as such:

(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.

You have to read it all, not just extract a sentence. Paragraph 3 is listed under subsection f, which says:
(f) In this section:

That means the definition in 46.035(f)(3) only applies to 46.035. The only "premises" that are off-limits per 46.035 are: 51% establishments; high school, professional, or collegiate sporting events; correctional facilities; hospitals; amusement parks; and places of worship. (Some of those restrictions now require 30.06 notices to be effective.)

The definition of premises in 46.035(f)(3) has nothing to do with whether or not 30.06 notices can be posted, nor where or how.

Kevin

YEP!

[KBCraig]

I should add that 46.035(f)(3) also applies to 46.03, because 46.03 uses the definition supplied in 46.035.