30.06 sign in State Health Dept

[cclacy]

Can a state health Department legally post a 30.06 sign at the door. This is not located inside a hospital. It is a state office. I thought state or local governmental offices (with courthouse and penal institutions as exceptions) can't forbid CHL carry. I may be wrong about this one though. Anyone know the answer?

[HotLeadSolutions]

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN. (a) A license holder commits an offense if
the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter
411, Government Code, on property of another without effective
consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed
handgun was forbidden; or
(B) remaining on the property with a concealed handgun was
forbidden and failed to depart.
(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 holder of license to carry a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (concealed
handgun law), may not enter this property with a concealed
handgun"; or
(B) a sign posted on the property that:
TEXAS CONCEALED HANDGUN LAWS PC §42.01 35
(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 A misdemeanor.
(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.

[ScottDLS]

Can a state health Department legally post a 30.06 sign at the door. This is not located inside a hospital. It is a state office. I thought state or local governmental offices (with courthouse and penal institutions as exceptions) can't forbid CHL carry. I may be wrong about this one though. Anyone know the answer?

They can post it, but it does not have the force of law.

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN. (a) A license holder commits an offense if
the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter
411, Government Code, on property of another without effective
consent; and
.....
(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.

[MoJo]

Can a state health Department legally post a 30.06 sign at the door. This is not located inside a hospital. It is a state office. I thought state or local governmental offices (with courthouse and penal institutions as exceptions) can't forbid CHL carry. I may be wrong about this one though. Anyone know the answer?

They can post it, but it does not have the force of law.

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN. (a) A license holder commits an offense if
the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter
411, Government Code, on property of another without effective
consent; and
.....
(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.

That's true but, you may still be arrested and have to make some attorney's house payment to get the charges dropped. Contact the manager of the office in question and show them the relevant law. If that doesn't work then complain to Austin.

[ScottDLS]

Can a state health Department legally post a 30.06 sign at the door. This is not located inside a hospital. It is a state office. I thought state or local governmental offices (with courthouse and penal institutions as exceptions) can't forbid CHL carry. I may be wrong about this one though. Anyone know the answer?

They can post it, but it does not have the force of law.

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN. (a) A license holder commits an offense if
the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter
411, Government Code, on property of another without effective
consent; and
.....
(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.

That's true but, you may still be arrested and have to make some attorney's house payment to get the charges dropped. Contact the manager of the office in question and show them the relevant law. If that doesn't work then complain to Austin.

We hear this a lot, but so far it doesn't appear to have happened. Section (e) has been in the law for almost 8 years now. It's not defense to prosecution either, it's an exception. Today CHL holders routinely carry in the State Capitol. In the highly unlikely case you are discovered carrying past this sign, it would be even more surprising if the police risked a civil rights lawsuit by arresting you for something which is clearly a non-crime.

[shootthesheet]

Can a state health Department legally post a 30.06 sign at the door. This is not located inside a hospital. It is a state office. I thought state or local governmental offices (with courthouse and penal institutions as exceptions) can't forbid CHL carry. I may be wrong about this one though. Anyone know the answer?

They can post it, but it does not have the force of law.

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN. (a) A license holder commits an offense if
the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter
411, Government Code, on property of another without effective
consent; and
.....
(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.

That's true but, you may still be arrested and have to make some attorney's house payment to get the charges dropped. Contact the manager of the office in question and show them the relevant law. If that doesn't work then complain to Austin.

We hear this a lot, but so far it doesn't appear to have happened. Section (e) has been in the law for almost 8 years now. It's not defense to prosecution either, it's an exception. Today CHL holders routinely carry in the State Capitol. In the highly unlikely case you are discovered carrying past this sign, it would be even more surprising if the police risked a civil rights lawsuit by arresting you for something which is clearly a non-crime.

Don't let these people bluff you into risking your life for no reason. Report them to Austin and carry like the signs were not even there.