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Are you saying a land owner can't prohibit guns on their property by giving oral notice?ScottDLS wrote:Not true. That it covers MPA.spectre wrote:A land owner can give oral notice or written notice. Oral notice prohibiting firearms covers both MPA and LTC.
yes. he can. but your car is not his property... https://en.wikipedia.org/wiki/Castle_doctrinespectre wrote:Are you saying a land owner can't prohibit guns on their property by giving oral notice?ScottDLS wrote:Not true. That it covers MPA.spectre wrote:A land owner can give oral notice or written notice. Oral notice prohibiting firearms covers both MPA and LTC.
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place – e.g., a vehicle or home – as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used.[1] The term is most commonly used in the United States, though many other countries[which?] invoke comparable principles in their laws.
OK. Drive into a military base with an AR-15 in the passenger seat and tell the MPs your car isn't government property.Grundy1133 wrote:yes. he can. but your car is not his property...spectre wrote:Are you saying a land owner can't prohibit guns on their property by giving oral notice?
iirc OP mentioned private property not a military base. going back to the topic, MPA trumps some guy who says "no guns on my land, ya hear!" military bases are govt property so i assume govt law would trump texas law at that point. but "tresspassing is tresspassing" as you mentioned earlier, is incorrect because you wouldn't be trespassing on your own property. (also if the AR-15 isnt concealed then you wouldnt be in compliance with the MPA anyway.)spectre wrote:OK. Drive into a military base with an AR-15 in the passenger seat and tell the MPs your car isn't government property.Grundy1133 wrote:yes. he can. but your car is not his property...spectre wrote:Are you saying a land owner can't prohibit guns on their property by giving oral notice?
Yes. If the person is a cop they have an exception. If they are a utility worker in the scope of their duties, they have a Defense. If they have a LTC, and are not carrying under its authority (concealed MPA in the truck) they have a Defense (to 30.05).spectre wrote:Are you saying a land owner can't prohibit guns on their property by giving oral notice?ScottDLS wrote:Not true. That it covers MPA.spectre wrote:A land owner can give oral notice or written notice. Oral notice prohibiting firearms covers both MPA and LTC.
Texas PC 30.05TXPC 30.05
(e) It is a defense to prosecution under this section that the actor at the time of the offense was:
(2) a person who was:
(A) an employee or agent of:
(i) an electric utility, as defined by Section 31.002, Utilities Code;
(ii) a telecommunications provider, as defined by Section 51.002, Utilities Code;
(iii) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code;
(iv) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section;
(v) a gas utility, as defined by Section 121.001, Utilities Code;
(vi) a pipeline used for the transportation or sale of oil, gas, or related products; or
(vii) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code; and
(B) performing a duty within the scope of that employment or agency;
...
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun
...
(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.
Since when did MPA have anything to do with rifles?Grundy1133 wrote:(also if the AR-15 isnt concealed then you wouldnt be in compliance with the MPA anyway.)
it doesnt but he was mentioning the MPA.Colonel Angus wrote:Since when did MPA have anything to do with rifles?Grundy1133 wrote:(also if the AR-15 isnt concealed then you wouldnt be in compliance with the MPA anyway.)
or just conceal it and not worry about it... i think people are digging way too deep into this topic... unless you work at the exceptions listed in the penal code, just conceal your gun and leave it in your car. Don't tell anyone it's there. just leave it and go about your day.gtolbert09 wrote:One thing to keep in mind. If your employer prohibits firearms as company policy, you could be terminated for having it in your car while at work. Remember Texas is an at will employment state and violating company policy can lead to termination.
twomillenium wrote:Tell your "friend" to read his LTC 16 that he received in his class that was taken a couple of months ago.
Actually, as long as it stays in the car in the designated parking lot, they can't.gtolbert09 wrote:One thing to keep in mind. If your employer prohibits firearms as company policy, you could be terminated for having it in your car while at work. Remember Texas is an at will employment state and violating company policy can lead to termination.
My employer bans firearms on their property including the parking lots\garages. We have to read and sign an Employee code of conduct every year that states no firearms on the property. We can be terminated if they find out you have a firearm in you vehicle on their property. Btw, the HQ is in NY.Keith B wrote:Actually, as long as it stays in the car in the designated parking lot, they can't.gtolbert09 wrote:One thing to keep in mind. If your employer prohibits firearms as company policy, you could be terminated for having it in your car while at work. Remember Texas is an at will employment state and violating company policy can lead to termination.
Doesn't matter where HQ is and what they put in the employee manual. In Texas they cannot legally keep you from having a firearm in the vehicle unless your company meets one of the excluded types. See https://legiscan.com/TX/text/SB321/2011gtolbert09 wrote:My employer bans firearms on their property including the parking lots\garages. We have to read and sign an Employee code of conduct every year that states no firearms on the property. We can be terminated if they find out you have a firearm in you vehicle on their property. Btw, the HQ is in NY.Keith B wrote:Actually, as long as it stays in the car in the designated parking lot, they can't.gtolbert09 wrote:One thing to keep in mind. If your employer prohibits firearms as company policy, you could be terminated for having it in your car while at work. Remember Texas is an at will employment state and violating company policy can lead to termination.
Then show him how to download it. Then he just might get an LTC. If not, your "friend" would have a better understanding of the laws concerning carry. Sounds as if they might be interested, plant the seed and reap the harvest.WTR wrote:twomillenium wrote:Tell your "friend" to read his LTC 16 that he received in his class that was taken a couple of months ago.
My " friend" does not have a LTC.