Constitutional Carry confusion leading to increased arrests in the Lone Star State?

[Renegade]

It would be more helpful if it were accurate. Did you find the error?

I thought hospitals were no longer required to post?

 

[rotor]

I thought hospitals were no longer required to post?

Correct.

 

[Renegade]

Correct.

Well that would be one error in that chart that could land you in jail.

 

[Eli]

What's the error on the chart?

Eli

 

[rotor]

What's the error on the chart?

Eli

Hospitals no longer need to post signs to keep you out.

 

[Renegade]

Hospitals no longer need to post signs to keep you out.

yes, and thus amusement park is also wrong. and the open meeting is also misleading - it should differentiate between notice or no notice.

I only looked at 4, and 3 were incorrect (mental hospital was correct).

 

[jordanmills]

This may be of help to you - https://txhga.org/texas-ltc-information/where-can-you-carry/

It's from the TxHGA

A, that's not a statute of any kind, let alone relevant.
B, it's full of errors
C, it does not address the situation you described.

 

[candcallen]

Oh and just because someone mentioned it. Your LTC doesn't make it legal to carry on campus. It effects defense to violating the 1000 foot federal gun free school zone but that's it. That law has never been charged as a stand alone crime for walking down the street ccw or driving by anyways. It's always an add on charge to another federal gun crime like shooting up a school or shooting someone near a school etc. Or drug dealing etc.

Ofcourse, state law wise, as always there is a bit more to it, carrying near a school, with the definition of relevant school campus parking lots etc. But AS stated your LTC doesn't make carrying on campus legal.

 

[jordanmills]

Hospitals no longer need to post signs to keep you out.

I believe they do, though it has been changed from an exception to a defense.
https://statutes.capitol.texas.gov/docs/PE/htm/PE.46.htm

Sec. 46.03. PLACES WEAPONS PROHIBITED.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a):
[...]
(11) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate;

Sec. 46.15. NONAPPLICABILITY.
[...]
(p) Sections 46.03(a)(7), (11), and (13) do not apply if the actor:
(1) carries a handgun on the premises or other property, as applicable;
(2) holds a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code; and
(3) was not given effective notice under Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable.

 

[Renegade]

I believe they do, though it has been changed from an exception to a defense.
https://statutes.capitol.texas.gov/docs/PE/htm/PE.46.htm

Well Ho-Lee-Phuk. This is what I mean by unreadable. Had no idea rthey moved that down to 46.15

So since 51% is 46.03(a)(7), you can carry in bar if they do not post 30.06/07? Am I reading that right?

 

[MountainGirl]

A, that's not a statute of any kind, let alone relevant.
B, it's full of errors
C, it does not address the situation you described.

A. Never said it was.
B. Never said it wasn't.
C. It wasn't meant to.

 

[candcallen]

Gotta love texas. Lol

 

[jordanmills]

Well Ho-Lee-Phuk. This is what I mean by unreadable. Had no idea rthey moved that down to 46.15

So since 51% is 46.03(a)(7), you can carry in bar if they do not post 30.06/07? Am I reading that right?

Yep it's that bad. How many people missed that, and it's been over a year? But people have been missing 46.15 for years.

I don't think so. It's "Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable" so bars have to have the 51% signs posted correctly, hospitals have to have the 51% signs minus the "51%" posted correctly, and amusement parks have to have 30.06/30.07 posted correctly. Very few hospitals have the right signs posted though.

 

[jordanmills]

A. Never said it was.
B. Never said it wasn't.
C. It wasn't meant to.

Then why post it as a reply to a post asking for those?

 

[Renegade]

Yep it's that bad. How many people missed that, and it's been over a year? But people have been missing 46.15 for years.

They also failed to get rid of the double penalty. Gert caught in amusement park, hospital that is properly posted and you get a 30.06 + 46.03 charge.

 

[jordanmills]

They also failed to get rid of the double penalty. Gert caught in amusement park, hospital that is properly posted and you get a 30.06 + 46.03 charge.

I wonder if it's too late to work with some people to get some of this fixed in this coming session.

 

[rotor]

Our legislators know how to really screw the laws up. It is almost impossible to know what is legal or not legal from one session to the next.

 

[Eli]

I believe they do, though it has been changed from an exception to a defense.
https://statutes.capitol.texas.gov/docs/PE/htm/PE.46.htm

IMPORTANT: 'Applicability' has NOTHING to to with 'A Defense To Prosecution' - Applicability literally means the law is not applicable, i.e. no law was broken, and makes a HUGE difference.

As for hospitals, amusement parks, etc., I believe those are no longer applicable per the DPS-approved LTC course I took fairly recently.

Of course, it is Texas, with Texas' fouled-up legislature, so having a rifle in your car with an LTC is a felony in a school parking lot even though you can stroll around campus with a concealed handgun.

Eli

 

[Renegade]

Yep it's that bad. How many people missed that, and it's been over a year? But people have been missing 46.15 for years.

I don't think so. It's "Section 30.06 or 30.07 of this code or Section 411.204, Government Code, as applicable" so bars have to have the 51% signs posted correctly, hospitals have to have the 51% signs minus the "51%" posted correctly, and amusement parks have to have 30.06/30.07 posted correctly. Very few hospitals have the right signs posted though.

Got it. I see the “or” I originally missed. So if they have a 51%, 06 or 07 you have been given notice. If there is an 06/07 you can get a double penalty of 06/07 and 46.03….

 

[jordanmills]

Got it. I see the “or” I originally missed. So if they have a 51%, 06 or 07 you have been given notice. If there is an 06/07 you can get a double penalty of 06/07 and 46.03….

Yes, but I bet that will never effectively apply unless you go out of your way to be a jackass and refuse to leave. TCP 46.03(m) (the first one, as opposed to the other 46.03(m)) offers another defense to all of 46.03:

(m) It is a defense to prosecution under Section 46.03 that the actor:
(1) carries a handgun on a premises or other property on which the carrying of a weapon is prohibited under that section;
(2) personally received from the owner of the property, or from another person with apparent authority to act for the owner, notice that carrying a firearm or other weapon on the premises or other property, as applicable, was prohibited; and
(3) promptly departed from the premises or other property.

Given 30.06(d) and 30.07(d) ("An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.") it seems unlikely that anyone would bother arresting or prosecuting as long as you don't try to stay and make a point after you were asked to leave.