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Thread: 30.06 signs

  1. #26
    sheepdog is offline Banned
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    Not being disagreeable...

    ...we all benefit from discussion...here's the law verbatim...safe and reliable:

    PC 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 the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes) 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.

    (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.


    Now.....you're referring to 46.035 (b) (4)....and you are correct...as far as you go...but read the whole law...and you'll see the benefit of doing so.... 46.035 (i) directly above this paragraph...finishes the law...and states that if there is no 30.06 notification...subsection (b) (4) and the others mentioned...do not apply... I might have made the mistake but the man who wrote the bill taught my CCW class...and he told us why they wrote it that way...a lot of instructors are like a lot of plumbers I see...they miss a lot of stuff...

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  3. #27
    sheepdog is offline Banned
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    Another point of interest 30-06 related...

    ...churches are also in that list of prohibited places...and also exempted in (i) unless posted properly...as an aside, our instructor, recently retired State Representative who co-authored the bill, told us a huge number of North Texas ministers have been through his class and carry concealed every day...churches handle a lot of cash and it's awful lonely up there after the folks go home...many robberies...and I know of one church secretary who was robbed, raped, and murdered in Tarrant County a few years back...churches are seen as a soft target...many are NOT....

  4. #28
    dpdtc is offline Junior Member
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    Quote Originally Posted by sheepdog View Post
    ...we all benefit from discussion...here's the law verbatim...safe and reliable:

    PC 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:



    (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;



    (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.


    Now.....you're referring to 46.035 (b) (4)....and you are correct...as far as you go...but read the whole law...and you'll see the benefit of doing so.... 46.035 (i) directly above this paragraph...finishes the law...and states that if there is no 30.06 notification...subsection (b) (4) and the others mentioned...do not apply... I might have made the mistake but the man who wrote the bill taught my CCW class...and he told us why they wrote it that way...a lot of instructors are like a lot of plumbers I see...they miss a lot of stuff...
    Thank You! I have edited my previous post to delete that comment. And I have benefited from this discussion as well.
    I guess it makes a diffierence where you get trained for your license. Yeah my instructor basically said you cannot carry in all of those places period. I refer back to my handbook when I have a question about the laws and I will focus on understanding what it says in the handbook and not what my instructor taught me.

  5. #29
    sheepdog is offline Banned
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    That's what I love about these forums...

    ...they make us think...never been on one I haven't learned a lot from...I don't get out much anymore and it's almost as good as Fox news

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