Illegal 30.06 in Allen, TX

[texas_teacher]

How do you keep them out of any place? I don't think you can, until they screw up.

My point is that Joe Bozo who likes to pull his carry gun and point it around is no more of a menace at a gun show than he is at What A Burger.

Exactly. If I walk past a "NO GUNS" sign that is posted while I'm carrying it, I pay it no mind unless it is an actual 30.06 (which then in turn would never use the phrase no guns).

 

[txinvestigator]

I disagree. A gun show is MUCH more conducive to folks having their guns out;

Trying holsters
Lights
Grips
LASERS

etc.

 

[matefrio]

so, Harris County owns the Reliant Center. As a publicly owned facility they cannot put up legally enforceable 30.06 signs during a gun show?

 

[Bithabus]

so, Harris County owns the Reliant Center. As a publicly owned facility they cannot put up legally enforceable 30.06 signs during a gun show?

Yep

 

[Bithabus]

I disagree. A gun show is MUCH more conducive to folks having their guns out;

Trying holsters
Lights
Grips
LASERS

etc.

I understand your point, but trying holsters and grips etc with a loaded gun would still fall under my definition of "Joe Bozo" behavior. Anyone who is not an idiot would leave their loaded weapon concealed and try holsters in an unloaded example.

 

[Texan2]

How do you keep them out of any place? I don't think you can, until they screw up.

My point is that Joe Bozo who likes to pull his carry gun and point it around is no more of a menace at a gun show than he is at What A Burger.

Obviously you cant keep them out....haven't you been to a gun show? While I know that most of us HERE are decent folks, most gun shows look like a combo of Special Olympics meets the Jerry Springer Show. Many of the people there are in the sub-70 IQ arena.

 

[txinvestigator]

I understand your point, but trying holsters and grips etc with a loaded gun would still fall under my definition of "Joe Bozo" behavior. Anyone who is not an idiot would leave their loaded weapon concealed and try holsters in an unloaded example.

That's my point. It happens too frequently.

 

[texas_teacher]

I understand your point, but trying holsters and grips etc with a loaded gun would still fall under my definition of "Joe Bozo" behavior. Anyone who is not an idiot would leave their loaded weapon concealed and try holsters in an unloaded example.

Exactly... If I'm looking for a new holster for my CCW I'll carry a different piece and bring my other in a gun sock...

 

[SC-Texas]

the thing is you have no duty to answer truthfully if you are carrying a firearm when asked by a security guard.

 

[texas_teacher]

the thing is you have no duty to answer truthfully if you are carrying a firearm when asked by a security guard.

Actually you never have a duty to answer honestly whether carrying or not. They are not an officer of the court or an officer of the law so there is no legal ramification.

 

[SC-Texas]

Agreed. My response would be no!

 

[Bithabus]

Obviously you cant keep them out....haven't you been to a gun show? While I know that most of us HERE are decent folks, most gun shows look like a combo of Special Olympics meets the Jerry Springer Show. Many of the people there are in the sub-70 IQ arena.

Hahaha...yeah. I promise not to tell them that the 30.06 doesn't apply on .gov property.

 

[Bithabus]

the thing is you have no duty to answer truthfully if you are carrying a firearm when asked by a security guard.

Do you have to answer truthfully is a peace officer asks? As in, the guy at the door of the gun show is an off duty cop?

 

[mtaylor]

Don't know if any of you made it to the Allen Event Center this past weekend, but the Event Center (which is owned by the City of Allen) had a 30.06 sign posted on very large posters at several points along the entrance.

Being a city owned building and not meeting any of the criteria set forth by 30.06, 46.03, or 46.035 this appears to be an illegal 30.06 sign.

Am I missing something here?

Just because the language of the code does not specifically make it unlawful to carry in a government facility how does that make it illegal for the owner (the government) of the facility to post a 30.06 sign? Can someone point me to that statute? I can't seem to find it.

Also, when another leases a building that is owned by a government, does that now mean that statutes that apply to governments now must apply to the lessee? Does that stick in the bundle of rights for that real estate simply no longer exists because the building is owned by the government? I think there is an argument to be made.

Restated:
If a person or entity leases a property from another he does assume the right to post a 30.06 sign. Does that right cease to exist because the property is leased from the government?

 

[Bithabus]

The sign is not "illegal", as Txinvestigator pointed out, rather it does not apply.

Sec. 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:
(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.

 

[Renegade]

Restated:
If a person or entity leases a property from another he does assume the right to post a 30.06 sign. Does that right cease to exist because the property is leased from the government?

Put up any sign you want, but the law is pretty clear about 30.06 prosecutions:

(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.

 

[pyrat]

I had planned on going, then saw online that they had posted signs stating no CHLs allowed so I just didn't go.

 

[texas_teacher]

Do you have to answer truthfully is a peace officer asks? As in, the guy at the door of the gun show is an off duty cop?

Is he acting as an officer of the law or is he acting as an individual scrounging up a few extra bucks that also happens to be an officer of the law?

 

[Texan2]

Is he acting as an officer of the law or is he acting as an individual scrounging up a few extra bucks that also happens to be an officer of the law?

He is an officer 24/7. If he is in the door in a uniform with a badge on....who is paying him is irrelevent.

 

[texas_teacher]

He is an officer 24/7. If he is in the door in a uniform with a badge on....who is paying him is irrelevent.

I know (just from watching my family members that were LEO's)... just asking a question that was implied in the previous statement...