Trying to get the hang of this - 05/06/07 signs...

rotor

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Read page 25 0f this guide.
 

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toddnjoyce

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Where are you seeing this in the current PC?

I found this:



So far I am having trouble finding an exception as previously in 46.035.


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As you mentioned earlier, 46.035 was where hospitals used to be and 46.035 was repealed. The old 46.035 listed all the places in amendment a-3, which is where the (i) does not apply unless posted .06/.07 language resided. I think this is another place where TLS got it wrong.

TPC 46 opens 46.035 with a notice that ‘Without reference to the amendment, this section was repealed by Acts…..”

So if all of 46.035, to include amendments was repealed in HB1927 to move the list of prohibited places to 46.03, then the DNA language of (i) no longer exists and we’re just waiting for the online version of the statutes to get cleaned up.

The alternative is that only the basic 46.035 was repealed yet all the amendments to it are still in effect, meaning there are two lists of prohibited places. One for the 46.03 “person” and one for the .035 “license holder”. I’m not quite sure that’s what the legislature wanted, but it may have been what they got.
 

busykngt

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Additional clarification is needed. It appears to me, 46.03 has replaced 46.035. And 46.03 does not have the provision (i) any longer. If this is the correct understanding from a direct reading of the Penal Code as it presently appears online, then the TLS summation is not correct. And the statue 46.03 would be enough to prohibit firearms inside a hospital unless written permission has been granted (i.e., no additional/supplemental signage would be required for a LTC or CC person).

 
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majormadmax

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Has been awhile since I went to the Dallas VA. They had the wording along with mention of knives without the pics as I remember. It was point blank enough as it is and why would anyone want to challenge it? A person starts splitting hairs they will lose with all this stuff.

US Code Title 18, Section 930

(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.

(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.

(c) A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.

(d)Subsection (a) shall not apply to—

(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;

(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or

(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

(e)

(1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.

(2) Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).

(f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.

(g) As used in this section:

(1) The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.

(2) The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.

(3) The term “Federal court facility” means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.

(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.
 

rotor

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Additional clarification is needed. It appears to me, 46.03 has replaced 46.035. And 46.03 does not have the provision (i) any longer. If this is the correct understanding from a direct reading of the Penal Code as it presently appears online, then the TLS summation is not correct. And the statue 46.03 would be enough to prohibit firearms inside a hospital unless written permission has been granted (i.e., no additional/supplemental signage would be required for a LTC or CC person).

Damn, you may be right.
 

rotor

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Additional clarification is needed. It appears to me, 46.03 has replaced 46.035. And 46.03 does not have the provision (i) any longer. If this is the correct understanding from a direct reading of the Penal Code as it presently appears online, then the TLS summation is not correct. And the statue 46.03 would be enough to prohibit firearms inside a hospital unless written permission has been granted (i.e., no additional/supplemental signage would be required for a LTC or CC person).

They added this....
(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.


Hospitals need to post.
 

toddnjoyce

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They added this....
(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.


Hospitals need to post.

Good catch. I’ve read that section a lot of times and did not put it together until after it appears the state merged parts of HB1927 into 46.03.
 

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