Open Carry Texas assholes phucked things up for the rest of us.Despite moving to Texas, the dallas area and even fort worth has a decent amount of no guns allowed signs. Kinda surprised to say the least.
Despite moving to Texas, the dallas area and even fort worth has a decent amount of no guns allowed signs. Kinda surprised to say the least.
A lot of them are invalid, and even more of them only ban open carry. I do my best not to spend much time in Dallas, but I've only run into a few places that prohibit concealed carry with valid signage. Sadly, the Perot Museum was one.
What makes them invalid against conceal carry?
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Just make sure that neither of them applies to you.Usually either lack of correct wording or letters way smaller than 1' tall. Often times it's just a "gunbuster" sign with vague mention of 30.06. Often times printed on an inkjet printer on 8 1/2 x 11 paper.
Or do you mean what makes signs that ban open carry not ban concealed? 30.06 signs ban concealed carry. A separate 30.07 sign is required to ban open carry. They are not interchangeable.
While I'm willing to make sure I'm not in violation of any, making sure none apply to me would mean not carrying. That's a bridge too far.Just make sure that neither of them applies to you.
Incorrect. They do not apply to volunteer emergency services personnel.While I'm willing to make sure I'm not in violation of any, making sure none apply to me would mean not carrying. That's a bridge too far.
Incorrect. They do not apply to volunteer emergency services personnel.
Well now. I never realized that. Stand back, folks, the emergency blacksmith is here.
Per Todd, for 30.06 and 30.07 there is a defense to prosecution for voluntary emergency services personnel without regard to being engaged…
(vii) for the last 42 years. But never acknowledged or given privilege.Per Todd, for 30.06 and 30.07 there is a defense to prosecution for voluntary emergency services personnel without regard to being engaged. This means all you have to do is present the defense and the state then has to prove otherwise. Given the language in 46.01, that’s extremely difficult to do.
Separately, 46.15 if you are a volunteer and you are engaged in providing emergency services then places like schools, amusement parks, race tracks are no longer off limits to you. The example would be active shooter at the local ISD high school. So long as you are actively engaged to “provide services for the benefit of the general public during emergency situations” you can be armed inside any of those state prohibited places and it doesn’t mean a hill of beans, because that no longer applies to you.
Also, under the Texas Health and Safety Code 161.0001 para 1-a, a "First responder" means:
(A) any federal, state, local, or private personnel who may respond to a disaster, including:
(i) public health and public safety personnel;
(ii) commissioned law enforcement personnel;
(iii) fire protection personnel, including volunteer firefighters;
(iv) emergency medical services personnel, including hospital emergency facility staff;
(v) a member of the National Guard;
(vi) a member of the Texas State Guard; or
(vii) any other worker who responds to a disaster in the worker's scope of employment
Also, never forget if you are needing “a defense to prosecution,” you’ve been charged, you are being prosecuted, and you are now defending yourself.
Weasel legislators…
Not disputing the numbers.Do you know how many people have been charged with a 30.06 violation for as long as DPS has records for?
I do.
Zero. For .07, a handful and that was after being given oral notice by an LEO and still refusing to leave.
Per Todd, for 30.06 and 30.07 there is a defense to prosecution for voluntary emergency services personnel without regard to being engaged. This means all you have to do is present the defense and the state then has to prove otherwise. Given the language in 46.01, that’s extremely difficult to do.
Separately, 46.15 if you are a volunteer and you are engaged in providing emergency services then places like schools, amusement parks, race tracks are no longer off limits to you. The example would be active shooter at the local ISD high school. So long as you are actively engaged to “provide services for the benefit of the general public during emergency situations” you can be armed inside any of those state prohibited places and it doesn’t mean a hill of beans, because that no longer applies to you.
Also, under the Texas Health and Safety Code 161.0001 para 1-a, a "First responder" means:
(A) any federal, state, local, or private personnel who may respond to a disaster, including:
(i) public health and public safety personnel;
(ii) commissioned law enforcement personnel;
(iii) fire protection personnel, including volunteer firefighters;
(iv) emergency medical services personnel, including hospital emergency facility staff;
(v) a member of the National Guard;
(vi) a member of the Texas State Guard; or
(vii) any other worker who responds to a disaster in the worker's scope of employment
Yes, but why would a DA bother to prosecute a case where the law says "claim this and it goes away"?Also, never forget if you are needing “a defense to prosecution,” you’ve been charged, you are being prosecuted, and you are now defending yourself.
Weasel legislators…
Depending on which county you are in at the time, to make an example of you.
Remember, the process IS the punishment.