TexasCHLforum.com

So, a friend of mine and I have a minor difference of opinion. He's been a long time CHL holder and firearms owner and has shot in competition. He's also a very good friend even though he's a know-it-all type of guy. Since I haven't acquired my CHL yet (still planning on it), I carry in my vehicle a loaded firearm depending on the Motorist Protection Act. Here's the disagreement.

I think the Motorist Protection Act allows a person who is legally allowed to own a firearm under state and federal laws to carry a loaded firearm in the vehicle pretty much everywhere that person wants to go within The Great State of Texas. His contention is that a person is not allowed to carry a loaded firearm in a vehicle across county lines. To me, that doesn't make sense since the MPA is a state law and not a county by county law. He also believes that in a work environment where an employer has stated in the employee handbook that one cannot have a firearm even in a locked vehicle on the property that is enforceable by termination. As I understand it, that rule has just changed so that an employer cannot force you to not carry and lock it in your vehicle. They can still not allow firearms (even CHL) in the workplace, but the car and hence, the parking lot is off limits to those rules.

I work at various hotel and convention properties in the DFW area. In some of those, I work as a part-time (aka freelance or independent contractor) for a vendor who may or mat not have a contract with that facility. My understanding is, if there isn't a 30.06 posted on every entrance, when I do have my CHL, I should be able to carry into those properties. Is that correct?

You guys are the more knowledgeable. What say you?


Rick

You friend is mistaken; his position is likely based on and older version of a law that allowed you to "travel" with a loaded weapon.

Wysiwyg101 wrote:So, a friend of mine and I have a minor difference of opinion. He's been a long time CHL holder and firearms owner and has shot in competition. He's also a very good friend even though he's a know-it-all type of guy. Since I haven't acquired my CHL yet (still planning on it), I carry in my vehicle a loaded firearm depending on the Motorist Protection Act. Here's the disagreement.

I think the Motorist Protection Act allows a person who is legally allowed to own a firearm under state and federal laws to carry a loaded firearm in the vehicle pretty much everywhere that person wants to go within The Great State of Texas. His contention is that a person is not allowed to carry a loaded firearm in a vehicle across county lines. To me, that doesn't make sense since the MPA is a state law and not a county by county law. He also believes that in a work environment where an employer has stated in the employee handbook that one cannot have a firearm even in a locked vehicle on the property that is enforceable by termination. As I understand it, that rule has just changed so that an employer cannot force you to not carry and lock it in your vehicle. They can still not allow firearms (even CHL) in the workplace, but the car and hence, the parking lot is off limits to those rules.

I work at various hotel and convention properties in the DFW area. In some of those, I work as a part-time (aka freelance or independent contractor) for a vendor who may or mat not have a contract with that facility. My understanding is, if there isn't a 30.06 posted on every entrance, when I do have my CHL, I should be able to carry into those properties. Is that correct?

You guys are the more knowledgeable. What say you?


Rick

Your friend is wrong on most of it. The MPA of 2007 basically says that you can keep a loaded handgun in your vehicle (long-guns have never been regulated that way) as long as you are not a felon, not involved in gang-activity and it is kept out of sight. It says NOTHING about stopping at county lines. SOME STATES have things set up county-by-county but the State of Texas has PREEMPTION on firearms laws such that what goes in one part of the state goes in all parts of the state. Second thing, the Parking Lot bill that went into effect on September 1st of this year basically protects the employee/owner of a vehicle in regards to keeping a weapon in that vehicle (not on or about their person when out of the vehicle at work) in a company parking lot without retribution from the employer. If they fire you for having the firearm in your vehicle, they are in the wrong.

Now, in regards to 30.06, IF the sign is proper per the Penal Code (correct wording and size of lettering, in English and Spanish, contrasting, etc) it only has to be posted one place. As soon as you see the proper sign, you have been given notice and should either NOT ENTER ARMED or DEPART FROM THE PREMISES. It is NOT required to be posted at ALL entrances to make it legal. Hope this layman's version helps clear things up.

(If anyone who is more steeped in the Penal Code than I spots errors in my explanations, please call them out. I am still honing my non-legalese version of these laws. Thanks.)

First, the MPA as I understand it does not help with Federal gun free zones, such as driving through school zones. The CHL, however, does provide a defense against prosecution for carrying there. (Note: Not in school facilities, just the 1000 ft surrounding.) I could be incorrect about this and other forum members should feel free to correct me.

Second, the 30.06 signage needs to be prominently placed; it does not need to be on every entrance, as stated, to be enforceable.

hpcatx wrote:First, the MPA as I understand it does not help with Federal gun free zones, such as driving through school zones. . . .just the 1000 ft surrounding.)

That is correct, in that state law gets trumped by federal law.

However, that is a highly improbable case to become an issue for a law-abiding citizen. First, they are federal charges, not state charges, and I don't typically see the FBI or DEA running local speed traps. Second, those charges are very rarely brought except as an "add-on" charges to other charges. For example, if the DEA is arresting someone for drug trafficking, they could tack on the GFSZ if it occurred in the forbidden area. I know of zero cases where an otherwise law-abiding citizen ever faced GFSZ charges, and I have been keeping my eye open for that for years.

Awesome information folks. Thank you very much for helping me out. I will look to see if the various hotels and properties have a sign posted at the front door (the most likely spot I would think) for a 30.06 sign.


Rick

I agree with your entire statement, except for

Heartland Patriot wrote:Now, in regards to 30.06,

30.06 ONLY pertains to concealed carry by a CHL holder
As this person does not have a CHL he does not follow the 30.06 code.
Of course, upon carrying into a facility other than his home or a business under his direct control, he cannot carry anyway.

Wysiwyg101 wrote:Awesome information folks. Thank you very much for helping me out. I will look to see if the various hotels and properties have a sign posted at the front door (the most likely spot I would think) for a 30.06 sign.

Checkout Texas3006.com, a very useful resource; please sign up and contribute if you find a 30.06 not listed.

...it's human nature to go by what we "know" and the way it's "always been"...that's why I always keep current copies of pertinant laws and review them...I've been wrong 3 or 4 times because I wasn't aware of recent changes...that could become expensive...CHL and MPA are situations where it's critical to read the directions...no matter if we're a cop, CHL holder, or unlicensed citizen...if we "oops" our way into a felony, we've messed ourselves up really bad...read it...prove it...know it...and enjoy...in confidence...

Teamless wrote:I agree with your entire statement, except for

Heartland Patriot wrote:Now, in regards to 30.06,

30.06 ONLY pertains to concealed carry by a CHL holder
As this person does not have a CHL he does not follow the 30.06 code.

Right. A gunbuster sign is enough to make a parking lot off limits for an unlicensed person under MPA. Also, trespassing is not a traffic violation, so they lose MPA protection completely.

tacticool wrote: Right. A gunbuster sign is enough to make a parking lot off limits for an unlicensed person under MPA. Also, trespassing is not a traffic violation, so they lose MPA protection completely.

Ok, so if there is a gunbuster or 30.06 sign on the door of a hotel property, would that encompass the parking lot or just the inside of the premises?

Rick

tacticool wrote:

Teamless wrote:I agree with your entire statement, except for

Heartland Patriot wrote:Now, in regards to 30.06,

30.06 ONLY pertains to concealed carry by a CHL holder
As this person does not have a CHL he does not follow the 30.06 code.

Right. A gunbuster sign is enough to make a parking lot off limits for an unlicensed person under MPA. Also, trespassing is not a traffic violation, so they lose MPA protection completely.

I admit my knowledge of Texas Penal Code isn't as good as it could be, so could you please kindly point me to the part that talks about gunbuster signs? I understand the error I made earlier in mixing 30.06 into a talk about MPA; however, I would like to read up on the whole gunbuster sign thing.

Look at it this way. If a gunbuster sign is not valid notice for criminal trespass, then 30.05(f) and 30.05(i) are unnecessary, and 30.06 is a bad thing.

Wysiwyg101 wrote:

tacticool wrote: Right. A gunbuster sign is enough to make a parking lot off limits for an unlicensed person under MPA. Also, trespassing is not a traffic violation, so they lose MPA protection completely.

Ok, so if there is a gunbuster or 30.06 sign on the door of a hotel property, would that encompass the parking lot or just the inside of the premises?

Rick

Only to the building.

Chas.

Charles L. Cotton wrote:

Wysiwyg101 wrote:

tacticool wrote: Right. A gunbuster sign is enough to make a parking lot off limits for an unlicensed person under MPA. Also, trespassing is not a traffic violation, so they lose MPA protection completely.

Ok, so if there is a gunbuster or 30.06 sign on the door of a hotel property, would that encompass the parking lot or just the inside of the premises?

Rick

Only to the building.

Chas.

Charles:

Since you brought it up...
I understand they can't prohibit having a firearm in a hotel room, as that is your temporary residence -- correct?
So, for hotels where entry is thru the lobby, how do you get the firearm into the room, if the lobby is posted?