The Irving Convention Center and 30.06

[txinvestigator]

The Irving Convention Center is owned by the City of Irving. A few weeks ago, it was posted all over the outside with 30.06 signage that complies with (c)(B).

However, section (e) clearly states that it is an EXCEPTION to the 30.06 law if the property is owned or leased by a government entity.

They were not running metal detectors or otherwise checking patrons when I was there.

I wrote emails to the Visitor and Convention Bureau, the director of the Center, Mayor and Police Chief's offices.

I am writing in regards to the beautiful new Convention Center your City recently opened. I was fortunate to attend an event there recently, and noticed the many postings of the Texas 30.06 sign at the center. This is a sign that references Texas Penal Code section 30.06. This is a section that makes it unlawful for a CHL holder to carry a handgun on the property of another if the person is given notice that entry with a handgun is forbidden.

The signage meets the requirements of the code; however, section 30.06 of the penal code specifically states, “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.”

It appears to me that the convention center is owned by the City of Irving, making 30.06, and the signs not applicable to those with a CHL. Penal Code section 1.07 defines the elements of a crime as; “(22) "Element of offense" means:
(A) the forbidden conduct;
(B) the required culpability;
(C) any required result; and
(D) the negation of any exception to the offense.”

To have probable cause to arrest, an officer would need to negate the exception listed in 30.06. My specific question is; does the City of Irving intend to arrest a CHL holder who carries his concealed handgun license and concealed handgun of the proper category inside of the new Convention Center?

I do realize that the center is managed by an independent company, but I do not see how that affects subsection (e) of penal code section 30.06.

I am a Licensed CHL instructor, and I eagerly await your answer. As you are probably aware CHL holders are, as a group, a highly law-abiding people. I wish to be sure to teach my students properly, and advise them on what type of treatment they will receive by the City of Irving in regards to this. I also am a member of several internet message boards, and this is a topic of great interest of the citizens of Irving, Dallas County, and Texas.

Thank you

Txinvestigator

3 days later I received this response

Good Morning Txinvestigator:



I am Les Moore, Police Legal Advisor for the Irving Police Department, and your e-mail of Monday May 23 regarding the convention center was referred to me. I apologize for not responding sooner, but I had to make some inquiries of my own to see whether any of the exceptions found at Penal Code Section 46.035 were applicable (i.e. sales of alcohol , interscholastic events, etc.)

I have concluded that your assessment was correct and, for the most part, CHL holders cannot be prohibited from carrying concealed firearms at the convention center, and the city will be removing the 30.06 signs. I qualify my response with “for the most part” because there will likely be qualifying events (interscholastic events) where carrying may be prohibited.

Thank you for bringing this to our attention.


Les Moore

Police Legal Advisor

Irving Police Department

 

[Bithabus]

Great job! I'm surprised they will remove the signs.

Who wants to write a letter to the SA airport?

 

[Dawico]

Good call TXI. Got to keep them in line sometimes.

 

[San Antone RR]

Sweet.

 

[JADB]

Nicely written and pefectly responded too.

 

[Dcav]

Nice job!

 

[navyguy]

When I read your email to them, I thought okay... here comes a response evading the issue. Good to see they recognized the error and are correcting it. Nice of you to take the initiative

 

[Skip]

I love a good surprise ending. Nice Job!

 

[Mexican_Hippie]

Nice work!

 

[johnmed3]

Great job, and great response as well from the police dept. Great to see they will be removing the 30.06 signs !

 

[Texan2]

You questioned the po-po and they did the right thing? OMG! <passes out>


(BTW, glad to see you took the initiative to get it corrected.)

 

[txinvestigator]

You questioned the po-po and they did the right thing? OMG! <passes out>


(BTW, glad to see you took the initiative to get it corrected.)

I imagine a tempered email courteously written without threats, exaggerations or hysteria helped. lol

Honey vs viniger and all that

 

[txinvestigator]

Hahaahaahaa. I just got this, his name is an Oxymoron. lol

 

[Texasjack]

Great job! I love to see when someone keeps the government honest.

 

[Chupacabra Hunter]

good job with this..... thanks....

 

[Willy]

Hahaahaahaa. I just got this, his name is an Oxymoron. lol

I know a guy named Les Moore.

"Here lies Les Moore.
Killed by the slug of a. 44.
No less. No more."

 

[Driller]

Airports are a different animal. You cross the line from state-city control to Federal control. You can't have your weapon in a designated secure area. You can check your handgun with ammo as baggage. I have done this a number of times. Go online and read how to travel with your handgun. Usually the airline websites will walk you through the process. You can get TSA locks almost anywhere. Anytime I fly to another CHL state or within Texas I bring my second best carry handgun (I would hate to loose my main carry piece as lost luggage). Legally it can be loaded just no round in the chamber for safety. I prefer to have magazine out and I break it down some to alleviate any threatening appearance. Only takes about 5 sec to put a slide back on.

 

[Bithabus]

Airports are a different animal. You cross the line from state-city control to Federal control. You can't have your weapon in a designated secure area. You can check your handgun with ammo as baggage. I have done this a number of times. Go online and read how to travel with your handgun. Usually the airline websites will walk you through the process. You can get TSA locks almost anywhere. Anytime I fly to another CHL state or within Texas I bring my second best carry handgun (I would hate to loose my main carry piece as lost luggage). Legally it can be loaded just no round in the chamber for safety. I prefer to have magazine out and I break it down some to alleviate any threatening appearance. Only takes about 5 sec to put a slide back on.

You're confusing the secure area of an airport with the non-secure area. In Texas CHL holders can carry in the non-secure area of airports. The 30.06 sign on the airport in San Antonio is non-applicable, just as the sign at the convention center mentioned in this thread. There is a separate thread about the SA airport if you are interested.

 

[JBarL]

Way to go on the removal of the sign Nicely wrote and I was surpirsed by the response But alot of law enforcement is on the same side as US CHL holders, but all in all its good to know if I make it up to Irvine to watch something there I can carry. again great Job....

JbarL

 

[Parker]

Who wants to write a letter to the SA airport?

You imply there are people that work at SAT that know how to read...