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Q: Zilker Trail of Lights

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  • toddnjoyce

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    I know Zilker Park is City owned, and I’ve reviewed their firearms policy here:

    https://www.austintexas.gov/sites/default/files/files/Parks/Homepage/parkrules11-18-14.pdf which states

    Weapons and Firearms.
    (A) A person may not carry or possess a weapon or firearm while in a park, except: (1) where the use is expressly allowed;
    (2) as allowed by state and federal law; or
    (3) when otherwise authorized in writing by the director.

    I also know the city has posted it 30.06/30.07 in the past. I’ve checked Texas3006.com and don’t see any current, valid postings there.

    Does anyone know whether the Trail of Lights is posted this year or not?
    Military Camp
     

    majormadmax

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    Doesn't "(2) as allowed by state and federal law" override any 30.06/30.07 signage regardless of the fact that it's owned by the city in the first place, therefore being legal?

    I noticed that the San Antonio Public Safety Headquarters has modified their signs to read similarly. I see it as a tricky way to post a "No Guns" sign with fine print stating it is OK to carry with a CHL/LTC.

    Luckily, knowing the law outweighs any illegal or misleading signage!
     

    toddnjoyce

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    Doesn't "(2) as allowed by state and federal law" override any 30.06/30.07 signage regardless of the fact that it's owned by the city in the first place, therefore being legal?

    I noticed that the San Antonio Public Safety Headquarters has modified their signs to read similarly. I see it as a tricky way to post a "No Guns" sign with fine print stating it is OK to carry with a CHL/LTC.

    Luckily, knowing the law outweighs any illegal or misleading signage!

    Generally, yes. The only place I’m unclear is when there’s a school-sponsored activity at the venue. FrEx, UT graduation left out 30.06/30.07 signs over from a previous HS graduation at the Erwin Center. Those were not enforceable for college graduation.

    The Trail is a private event, and i haven’t tracked down who the sponsor is yet.

    I’m about 99% certain if the Trail is posted, it’s invalid.
     

    toddnjoyce

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    HEB is the big sponsor but there are several others. I'll go beyond your assertion and say it's 100% invalid. It's public property and not one of the exceptions such as a court listed in 30.06. Of course, doesn't mean APD won't arrest you for it.

    Pretty sure it’ll be tough for them to get the PC for an arrest when I CC.
     

    toddnjoyce

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    So I used a burner email to ask their info address if the trail is posted.

    Here’s their response
    b67fa0d71e083d0f2d204433b9a7d21b.jpg


    I’m filing a complaint with the City of Austin momentarily. They get 3 days then it goes the AG.

    We’re going on Sunday.
     

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    toddnjoyce

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    My complaint was generically directed to Austin Parks and Recreation Department, led by Kimberly McNeeley. I sent the following this morning:

    From: me
    To: kimberly.mcneeley@austintexas.gov
    Sent: Dec 17 at 9:50 AM

    It has been brought to my attention that your agency has illegally posted Texas Penal Code 30.06 and 30.07 notices at Zilker Park during the Trail of Lights.
    This posting is a violation of Texas Penal Code Section 411.029.

    I am notifying the City of Austin today, December 17, 2019, of this violation. Pursuant to Texas Penal Code section 411.029, the City of Austin has until the end of the third business day, (December 19, 2019) to remove this illegal posting. I am also providing the State Attorney General of this notice of violation.

    _____________________

    The physical address is:
    Austin Parks and Recreation Department
    200 S. Lamar Blvd
    Austin, TX, 78704

    Submitting the complaint to AG’s office via https://www.texasattorneygeneral.gov/3006-violation-complaint momentarily.
     

    toddnjoyce

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    Well, after last night’s experience, it’s clear to me the organizers aren’t ignorant of they law, they’re just stupid. In fact, they’re so stupid they couldn’t organize a pissing contest in a brewery. But, that’s beside the point.

    The entrance was still posted; depending on which cattle chute you went through, it’s very reasonable to believe that it was not “displayed in a conspicuous manner clearly visible to the public”.

    b48bc2872c6c33504f264eb6251593f2.jpg


    Unless one entered through the express lane, or the far right line of the prepaid admission, it would not have been visible at all last night. I was intentionally looking for it and had to take a very deliberate path to get to the a spot to take the photo above.

    Either way, I won’t be going back.
     

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