Gun Zone Deals

The town of Waller had....

The #1 community for Gun Owners in Texas

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Pappy

    Resident Septuagenarian
    Rating - 0%
    0   0   0
    Feb 29, 2008
    319
    1
    Texas
    The town of Waller had a 4th of July festival on school stadium grounds.

    The Waller police dept. had several non 30.06 signs displayed that stated no alcohol or firearms allowed.

    Question; Do local police signs have the same legality as the state 30.06 for a CHL holder?

    I personally think that school grounds are off-limits and with local LE backing, this is a no-no for a CHL.

    What do y'all think????
    Gun Zone Deals
     

    Pappy

    Resident Septuagenarian
    Rating - 0%
    0   0   0
    Feb 29, 2008
    319
    1
    Texas
    I tend to agree.
    1. School grounds.
    2. Local PD signs.

    Nope, I'm legal or not, I'm not carrying there...
     

    Texas42

    TGT Addict
    Rating - 0%
    0   0   0
    Nov 21, 2008
    4,752
    66
    Texas
    I don't think that a non-30.06 sign has any legal authority on non-restricted places, even if the police post them, but I think that this is already off limits because of the school stadium. I'm pretty sure that school events are also subject to the same no-carry laws as school athletic events, but someone can correct me.
     

    jfrey

    Active Member
    Rating - 0%
    0   0   0
    Apr 8, 2008
    419
    1
    Coastal Texas
    I'm certainly not an attorney, but my understanding is the police signs have no value what so ever to CHL's. No 30.06, no concern. The fact that the celebration was held "in" a school stadium (ie. inside a building) then the normal CHL statutes concerning school carry would apply, even though an actual school activity wasn't taking place. This wouldn't preclude having a gun in your car in the parking lot.

    We need to lobby Congress to get schools off the list of sacred places. They aren't any more secure than anywhere else.
     

    JKTex

    Well-Known
    Rating - 0%
    0   0   0
    Mar 11, 2008
    2,011
    31
    DFW, North Texas
    From what it sounds like, it a like many towns do, use the school grounds for the fireworks launch and poeple pack the parking lots. I highly doubt they're use a staduid to launch from and/or have people sitting in that stadium.

    That said, the school grounds are not off limits. Inside the buildings is.

    Look to the law, not the signs. But be smart and use reasonable judgment, if the law allows that.

    I'd like to hear from TX on this though. Effective notice is just that. But can a non-30.06 compliant sign be considered effective notice in any special circumstance regardless of who posts it? I don't think so.

    I'd wonder if legally, a town or city "could" (but likely would never go there) provide effective, 30.06 compliant effective notice through the marketing or announcements about the show, but it would have to be specific and worded appropriately to prohibit CHL holders from carrying.
     

    rayj8524

    New Member
    Rating - 0%
    0   0   0
    Dec 21, 2008
    14
    1
    Wichita Falls
    IMHO, even though the signs are not legal and they wouldn't have a leg to stand on in court, it would still be a hassle at the moment and most likely an embarrasment. Fight the battles you know you can win.
     

    Pappy

    Resident Septuagenarian
    Rating - 0%
    0   0   0
    Feb 29, 2008
    319
    1
    Texas
    IMHO, even though the signs are not legal and they wouldn't have a leg to stand on in court, it would still be a hassle at the moment and most likely an embarrasment. Fight the battles you know you can win.

    Yes, you can win the fight, but the ride is not worth it....
     

    Texas42

    TGT Addict
    Rating - 0%
    0   0   0
    Nov 21, 2008
    4,752
    66
    Texas
    If your in the parking lot, then there is no legal way for them to prosecute you. The city can't arbitrarily declare "no carry" zones.

    The stadium itself I'd consider the premises.
     

    MuddyWaterMan

    Active Member
    Rating - 100%
    1   0   0
    Jun 25, 2009
    441
    1
    Houston
    Edited to add references: [url]http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf[/URL]
    Quote:
    PC 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
    an offense if the person intentionally, knowingly, or recklessly possesses
    or goes with a firearm, illegal knife, club, or prohibited weapon
    listed in Section 46.05(a):
    (1) on the physical premises of a school or educational institution,
    any grounds or building on which an activity sponsored by a school or
    educational institution is being conducted, or a passenger transportation
    vehicle of a school or educational institution, whether the school or
    educational institution is public or private, unless pursuant to written
    regulations or written authorization of the institution;
    Okay, from this, we know that we are not allowed to carry on the premises of an educational institution whether it is public or private without written authorization. A little further down, we see:
    Quote:
    (c) In this section:
    (1) "Premises" has the meaning assigned by Section 46.035.
    So, we go down to Section 46.035...
    Quote:
    PC 46.035....
    (f) In this section:...
    (3) "Premises" means a building or a portion of a building. The
    term does not include any public or private driveway, street, sidewalk
    or walkway, parking lot, parking garage, or other parking area.




    Well my wife is a teacher and I thought it was illegal to carry on the parking lot. Hell out CC teacher told us that as well as my wifes school!!! I will be looking a little more closely now. She teaches the E.D unit and had three stabbing attempts on her last year alone, I wish they would let her carry in her CLASS!!! Stole this from another forum I ran across while looking BTW.
     

    JKTex

    Well-Known
    Rating - 0%
    0   0   0
    Mar 11, 2008
    2,011
    31
    DFW, North Texas
    Edited to add references: http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf[url]http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf[/URL]
    Quote:
    PC 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
    an offense if the person intentionally, knowingly, or recklessly possesses
    or goes with a firearm, illegal knife, club, or prohibited weapon
    listed in Section 46.05(a):
    (1) on the physical premises of a school or educational institution,
    any grounds or building on which an activity sponsored by a school or
    educational institution is being conducted, or a passenger transportation
    vehicle of a school or educational institution, whether the school or
    educational institution is public or private, unless pursuant to written
    regulations or written authorization of the institution;
    Okay, from this, we know that we are not allowed to carry on the premises of an educational institution whether it is public or private without written authorization. A little further down, we see:
    Quote:
    (c) In this section:
    (1) "Premises" has the meaning assigned by Section 46.035.
    So, we go down to Section 46.035...
    Quote:
    PC 46.035....
    (f) In this section:...
    (3) "Premises" means a building or a portion of a building. The
    term does not include any public or private driveway, street, sidewalk
    or walkway, parking lot, parking garage, or other parking area.




    Well my wife is a teacher and I thought it was illegal to carry on the parking lot. Hell out CC teacher told us that as well as my wifes school!!! I will be looking a little more closely now. She teaches the E.D unit and had three stabbing attempts on her last year alone, I wish they would let her carry in her CLASS!!! Stole this from another forum I ran across while looking BTW.

    I don't think that was in question in this case. At least hope it wasn't a question for any CHL holders.

    The question was whether local PD putting up no firearm signs was a valid method of "effective notice" for CHL holders which I do not think it is. There are requirement as far as signs go, but the grounds can't even be restricted to CHL holders.

    Still hoping for TX to add his 2 cents.
     

    thorkyl

    Active Member
    Rating - 0%
    0   0   0
    Oct 13, 2008
    697
    21
    Brazoria County
    The only place and time a city or county are allowed to post 30.06 is during a city or county meeting.

    Other than that they are not allowed to post, however, you can beat the rap but not the ride.

    An example of this thought, I went round and round with 3 different LEO friends on the "physical premises" of a school.

    They finally agreed that the parking lot was legal. They where all in agreement that they would arrest and get the gun away from the school and apologize later.
     
    Every Day Man
    Tyrant

    Support

    Latest posts

    Forum statistics

    Threads
    116,108
    Messages
    2,952,936
    Members
    34,935
    Latest member
    LandenR
    Top Bottom