Another car carry question

[Willy]

I work at many different sites. One of these is Texas Instruments. At some of their complexes, they have the 30.06 signs posted at all secured parking lot entrances. I know I can't carry inside those gates, but am I allowed to keep a pistol concealed in my vehicle, since I wouldn't be carrying under CHL authority? I don't think TI is federal property, so that wouldn't stop me either. Anybody have any insight?

 

[txinvestigator]

The question, at least to me, is does the 30.06 notice for CHL holders also suffice as criminal trespass notice for those without a CHL, or those not carrying under the authority of a CHL.

I just don't know.

 

[MR Redneck]

Whats more of a issue is if you do conceal it so its not seen, do they have any legal right to search the vehicle?
I think this is a big mess!

 

[txinvestigator]

Whats more of a issue is if you do conceal it so its not seen, do they have any legal right to search the vehicle?
I think this is a big mess!

If he has been given notice that parking there subject's one to search, then they can.

I agree it is a mess. Although I am all for a property owner's right to control his property, when his exercise of that right interferes with ME when I am OFF of his property I have a problem. I will respect his rights and not carry inside, but by making the parking lot off limits then I am pretty much prohibited from carrying anywhere else durung a trip when I have to be on his property.

 

[MR Redneck]

If he has been given notice that parking there subject's one to search, then they can.

I agree it is a mess. Although I am all for a property owner's right to control his property, when his exercise of that right interferes with ME when I am OFF of his property I have a problem. I will respect his rights and not carry inside, but by making the parking lot off limits then I am pretty much prohibited from carrying anywhere else durung a trip when I have to be on his property.

I agree 100% on protecting private property owner rights and would never agree with anything against it..
At the same time I consider a persons vehicle to be private property and also respect the fact that they might have a gun in there. Actually I think their foolish if they dont.
If a person has a firearm concealed inside their vehicle, I see no reason to mess with them. Their not doing anything wrong to anybody. Now if they take the gun out of the vehicle on private property that forbids guns, then thats a different issue to me.
If a person has a business that requires employee or customer parking, they should not be able to tell a person what they can have inside of that vehicle. I only see the disrespect for private property if the firearm is removed from the vehicle.
I have actually been through the search a vehicle crap. British Petrolum tried to pull that crap on me about 4 or 5 years ago. Nothing went well for the BP guy that day.

 

[majormadmax]

The law should apply to anyone carrying on the property, CHL or not.

Note that I said "should," which is my opinion and not the law.

As far as I can tell, 30.06 does not apply to non-CHL holders; but I agree that it is a big mess...

 

[Renegade]

I work at many different sites. One of these is Texas Instruments. At some of their complexes, they have the 30.06 signs posted at all secured parking lot entrances. I know I can't carry inside those gates, but am I allowed to keep a pistol concealed in my vehicle, since I wouldn't be carrying under CHL authority? I don't think TI is federal property, so that wouldn't stop me either. Anybody have any insight?

If you are not carrying under CHL authority, 30.06 does not apply to you.

 

[Bithabus]

If you are not carrying under CHL authority, 30.06 does not apply to you.

This is the answer. In your car you are not carrying under the authority of Subchapter H, Chapter 411, Government Code, so the 30.06 does not apply to you.

 

[txinvestigator]

This is the answer. In your car you are not carrying under the authority of Subchapter H, Chapter 411, Government Code, so the 30.06 does not apply to you.

Again, could the case be made the the 30.06 served as notice under the Criminal Trespass Law, PC 30.05? I don't know.

I am certainly not one to look for odd reasons why a law could or could not apply, but I have to wonder about this one.........

 

[winchster]

I thought I read somewhere that if you possess a CHL and you have a firearm inside the passenger compartment of your vehicle, you are "technically" carrying under the authority of your CHL since the gun is "about your person". If this is the case, wouldn't putting it in the trunk, thereby not "about your person", remedy the situation and make it no longer apply to carrying under your CHL?

IANAL

 

[Renegade]

I thought I read somewhere that if you possess a CHL and you have a firearm inside the passenger compartment of your vehicle, you are "technically" carrying under the authority of your CHL since the gun is "about your person". If this is the case, wouldn't putting it in the trunk, thereby not "about your person", remedy the situation and make it no longer apply to carrying under your CHL?

IANAL

If the gun is in the trunk, you are not carrying under CHL, MPA, or anything else.

 

[winchster]

If the gun is in the trunk, you are not carrying under CHL, MPA, or anything else.

That's my point. If you put it in the trunk, wouldn't it render the 30.06 null?

 

[txinvestigator]

I thought I read somewhere that if you possess a CHL and you have a firearm inside the passenger compartment of your vehicle, you are "technically" carrying under the authority of your CHL since the gun is "about your person".

That is not correct. 46.02 of the penal code tells us when carrying a handgun on or about your person is a violation. Being inside of your car with a handgun (if you meet the 4 exceptions) is not a violation of 46.02.

Your CHL is under 46.15(b) and is used to make 46.02 non-applicable. In other words, you use your CHL when you would otherwise not be able to carry under 46.02. Since when I car carry I am not in violation of 46.02, my CHL means nothing in regards to car carry. Make sense?

If this is the case, wouldn't putting it in the trunk, thereby not "about your person", remedy the situation and make it no longer apply to carrying under your CHL?

In your trunk is not on or about your person, correct.

 

[winchster]

That is not correct. 46.02 of the penal code tells us when carrying a handgun on or about your person is a violation. Being inside of your car with a handgun (if you meet the 4 exceptions) is not a violation of 46.02.

Your CHL is under 46.15(b) and is used to make 46.02 non-applicable. In other words, you use your CHL when you would otherwise not be able to carry under 46.02. Since when I car carry I am not in violation of 46.02, my CHL means nothing in regards to car carry. Make sense?

Yes and no, not that this is ever going to happen since I elect to not be guilty of POP ( pissing off policeman ) but, if pulled over in a traffic stop and if you don't have it on you, and an officer asks if you are carrying, what is your answer? Since, according to the logic you present, you are not technically carrying. I know what mine is going to be, but I am interested in your opinion.

I am NOT attempting to come off as argumentative, I ask to learn. And I don't doubt the correctness of your post, that's how I read it too.

 

[Renegade]

Yes and no, not that this is ever going to happen since I elect to not be guilty of POP ( pissing off policeman ) but, if pulled over in a traffic stop and if you don't have it on you, and an officer asks if you are carrying, what is your answer? Since, according to the logic you present, you are not technically carrying. I know what mine is going to be, but I am interested in your opinion.

I am NOT attempting to come off as argumentative, I ask to learn. And I don't doubt the correctness of your post, that's how I read it too.

if you do not have it on you (on or about your person) then you are not carrying.

 

[txinvestigator]

Yes and no, not that this is ever going to happen since I elect to not be guilty of POP ( pissing off policeman ) but, if pulled over in a traffic stop and if you don't have it on you, and an officer asks if you are carrying, what is your answer? Since, according to the logic you present, you are not technically carrying.

No, I never wrote that.

Under 46.02 it is not unlawful to carry a handgun ON or ABOUT your person in your own vehicle (assuming you meet the 4 exceptions). BUT, a handgun on your person or ABOUT you person is still on or about your person. If the gun was not ON me, but within reach, I would tell the officer that I have a gun.

Either way, when I carry in my car (whether ON me or ABOUT me) I am not carrying under the authority of my CHL. Make sense?

Also, you may be confusing the requirement to notify a peace officer who asks for ID if you are carrying. (lets forget that there is no penalty for failing to do so). That law makes it a requirment if you have been issued a CHL and are asked by a Peace Officer or Magistrate and hou are carrying a handgun on or about your person that you show both your CHL and ID to the officer. The diifference is that THIS law does not use the phrase "if you are carrying under the authority of a CHL" where the 30.06 law does.

 

[winchster]

Ok.

So back to the OP question. Will it null the 30.06 if he puts it in his trunk? It will still mean big problems if found by TI, most likely permanent ban from their property, but in the trunk lessens the likelihood.

 

[Renegade]

Will it null the 30.06 if he puts it in his trunk?

You have already been told YES by two different people. This is now the third YES. If it is in the trunk you are NOT carrying it on or about your person.

 

[Bithabus]

Ok.

So back to the OP question. Will it null the 30.06 if he puts it in his trunk? It will still mean big problems if found by TI, most likely permanent ban from their property, but in the trunk lessens the likelihood.

If the handgun is inside the car and concealed 30.06 does not apply. He doesn't have to put in the trunk.

 

[Bithabus]

Again, could the case be made the the 30.06 served as notice under the Criminal Trespass Law, PC 30.05? I don't know.

I am certainly not one to look for odd reasons why a law could or could not apply, but I have to wonder about this one.........

I don't see how it could. A 30.06 sign does not prohibit trespassing, nor does it prohibit handguns. It specifically prohibits people carrying handguns under the authority of 411 H gov code. If your 46.02 exception comes from somewhere else the sign does not apply.