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30.06 and parking lots

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  • FrEaK_aCcIdEnT

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    I've done searches and came up blank... So...

    Private property. 30.06 posted at entrance of parking lot.

    CHL holder parks and stores firearm in the lock box in car before exiting vehicle.

    Legal or illegal?

    Gut says legal. Looking for assurance.
    Texas SOT
     

    rsayloriii

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    My understanding, 30.06 applies to buildings and the like, not the parking lot, sidewalk, etc.

    There is also the parking lot bill that prevents employers from not allowing you to store your firearm in your vehicle.


    Sent from my RobCo Pip-Boy 3000.
     

    FrEaK_aCcIdEnT

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    Just in case someone else stumbles across this down the road in their own search.

    Click the link below to Google search Texas Penal Code associated with this matter. Below the link is the current code as of the date of this posting to the best of my knowledge... See print in bold.

    Google search link for 46.035 penal code


    Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun. (b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person: (1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; (2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event; (3) on the premises of a correctional facility; (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate; (5) in an amusement park; or (6) on the premises of a church, synagogue, or other established place of religious worship. (c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity. (d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed. (e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code. (f) In this section: (1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. (2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. (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. (g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree. (h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.

    Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 2

    (h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was: (1) an active judicial officer, as defined by Section 411.201, Government Code; or (2) a bailiff designated by the active judicial officer and engaged in escorting the officer.

    Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5

    (h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was: (1) a judge or justice of a federal court; (2) an active judicial officer, as defined by Section 411.201, Government Code; or (3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney. (i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06. (j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission. (k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code.

    Added by Acts 1995, 74th Leg., ch. 229, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.04, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 26, 27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 14.833, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 976, Sec. 3, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 2, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 687, Sec. 1, eff. September 1, 2009.
     

    alexrex20

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    If people used the search, as you suggest, they would've found the hundreds of other threads about this very subject.
     

    txinvestigator

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    30.06 uses the term property and not premises. I have no idea the revelance of posting 46.035.

    A posted parking lot is off limits to carry on your person OUTSIDE of your vehicle. Since car carry is not carry under a CHL, carry in a car is not subject to 30.06.

    The OP's scenario is legal.
     

    majormadmax

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    Unless it is a Post Office parking lot.

    The only case I have ever heard of prosecuted under this was US v Dorosan, the latter being a USPS employee who was primarily charged under 18 U.S.C. § 930(a), Possession of Firearms and Dangerous Weapons in Federal Facilities for bringing a bag containing a pistol and several magazines into the USPS facility that he worked in; but also 39 C.F.R. §232.1(1), Conduct on Postal Property for having a second pistol in the glove compartment of his personal vehicle which was parked in the Post Office parking lot.

    In this case, the employee parking lot was adjacent to the post office building and is enclosed by a gate. The gate has a sign on both of its entrances which warns all parties entering that their vehicles are subject to search and cites Title 39 C.F.R. 232.1(b)(2).

    Note that Section 232.1(1) bans the storage or possession of weapons (concealed or otherwise) in an enclosed postal parking lot.

    As for the District of Columbia v. Heller, it specifically states...

    Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on the longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms

    Unfortunately, in the Dorosan case, the court ruled...

    In sum, the Second Amendment does not secure any individual’s fundamental “right to bear arms” when they are occupying either a federal facility or postal property, where regulations banning the possession, carrying and storing of firearms on the premises are properly noticed

    ..and a motion to dismiss the charges was denied.

    However, in my opinion the issue here was that Dorosan took his firearm into a Federal facility, and only subsequently that he also had one locked in his vehicle.

    As this Concealed Carry article points out...

    The fact that there have not been a number of cases on this point shows that the great number of concealed carry licensees who stop at post offices carry discretely and do not create problems. This is significant. When concealed carry was first proposed, and every improvement since, we were told there would be blood in the streets and citizens being terrified by licensees brandishing guns. These threats are still heard, are always wrong, but are treated as valid commentary by the media. The shortage of post office cases indicates the efforts of concealed carry licensees to carry lawfully and discreetly; yet, it happens.

    That still doesn't make it legal; but much like San Antonio's locking knife law, as long as an individual expresses some discretion in his/her actions, it is unlikely they will be targeted for enforcement.

    Weigh the decision for yourself, we're all suppose to be adults here so accept the risks and consequences if caught.

    Cheers! M2
     

    poolingmyignorance

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    Post Office property is specifically off limits. Generally carry on Federal property is lawful, just not inside Federal facilities.

    Which is really awesomely contradictive because it IS legal to ship a firearm...including hand guns. How does one ship a fire arm from the post office without being in possession of said firearm they are intending to ship.
    How is this actually handeled? I've never shipped usind USPS for firearms. (sorry not trying to hijack)
     
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    18 USC 930 does not apply to Postal Property

    However as noted above CFR bans firearms from being carried on postal property, and USC provides criminal penalties. There is an exception for "official purposes", which may include delivering packages to be mailed, or perhaps a weapon secured inside a package would not meet the definition of "carrying".


    39 CFR 232.1 - Conduct on postal property.


    § 232.1 Conduct on postal property.

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    .
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    (l) Weapons and explosives . Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.
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    (p) Penalties and other law. (1) Alleged violations of these rules and regulations are heard, and the penalties prescribed herein are imposed, either in a Federal district court or by a Federal magistrate in accordance with applicable court rules. Questions regarding such rules should be directed to the regional counsel for the region involved.
    (2) Whoever shall be found guilty of violating the rules and regulations in this section while on property under the charge and control of the Postal Service is subject to a fine as provided in 18 U.S.C. 3571 or imprisonment of not more than 30 days, or both. Nothing contained in these rules and regulations shall be construed to abrogate any other Federal laws or regulations or any State and local laws and regulations applicable to any area in which the property is situated.
     
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