Now confused about hospital carry-Texas

This is a discussion on Now confused about hospital carry-Texas within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So I understand hospital carry is prohibited in TX IF proper notice has been given. I was thinking proper notice would be provided by 30.06. ...

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  1. #1
    Member Array XDs 4me's Avatar
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    Now confused about hospital carry-Texas

    So I understand hospital carry is prohibited in TX IF proper notice has been given. I was thinking proper notice would be provided by 30.06. But, I just went into a hospital with no 30.06 notice, but instead simply a sign under a gun with a red slash through it that says " Texas law prohibits carrying a firearm on these premises". Now I'm wondering if that is lawful notice within the context of hospital carry even though it is not in compliance with 30.06. Any thoughts?
    "Second place is first loser".

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  3. #2
    Member Array tele_pathic's Avatar
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    Sounds like lawful notice to me. Are you willing to risk losing you CHL for that reason? I consider that lawful notice and would not carry/jeopardize my CHL.

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    Member Array Jdunn217's Avatar
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    It is not lawful notice. You can carry in hospitals that are not posted. The law states this...

    PC 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a h andgun 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 of fense 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;

    Then if you read more it states...

    (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.

    The part in the subsection that was talking about hospitals was (b)(4). So this states you can carry if the proper signage is not posted. Hope that clears it up.

    It's on page 44 if you want to look for yourself.

    http://www.txdps.state.tx.us/Interne...rms/CHL-16.pdf

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    VIP Member Array Yoda's Avatar
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    Now confused about hospital carry-Texas

    Lawful notice means it must meet the 30.06 requirements.


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    Member Array XDs 4me's Avatar
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    Now confused about hospital carry-Texas

    Yes J that is a perfect review. I had dug a little deeper and found exactly what you referenced. Seems that TPC 46.035(i) says "(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."

    (b)(4) is the section related to hospital carry. Seems it is clear that notice has to be in accordance with 30.06 not just an unlawful sign.

    Thanks for your detailed reference.

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    New Member Array CATX's Avatar
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    It's not lawful notice. Carry right on past it. . Our local hospital only has the red slash gunbuster sign on the door, no 30.06. My husband's ortho doctor is located in that hospital and he carries to every appointment.

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    VIP Member Array Kennydale's Avatar
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    OK Im new at this but at my CHL class (Texas) They went into a lot of detail of what 30.06 meant. and we where told if they do not have a 30.06 sign posted . any other sign age is just that illegal.

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    Member Array JJVP's Avatar
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    Quote Originally Posted by XDs 4me View Post
    So I understand hospital carry is prohibited in TX IF proper notice has been given. I was thinking proper notice would be provided by 30.06. But, I just went into a hospital with no 30.06 notice, but instead simply a sign under a gun with a red slash through it that says " Texas law prohibits carrying a firearm on these premises". Now I'm wondering if that is lawful notice within the context of hospital carry even though it is not in compliance with 30.06. Any thoughts?
    No, that is not proper notice. Hospital carry prohibited only by proper notice (30.06). Carry on.

  11. #10
    Member Array JJVP's Avatar
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    Quote Originally Posted by Kennydale View Post
    OK Im new at this but at my CHL class (Texas) They went into a lot of detail of what 30.06 meant. and we where told if they do not have a 30.06 sign posted . any other sign age is just that illegal.
    Any other sign is not illegal. Those signs just not mean anything, not enforceable, for someone with a CHL.

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    Ex Member Array MJB_17's Avatar
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    This is sticky issue. Make absolutely sure that the hospital that you are going into isn't a "teaching institution". For example, in Dallas, Baylor Hospital is both a care facility but also has instructional clinics. For instance, they run a dental clinic for low income/uninsured people that is staffed mostly with dental students using the patients for practice (pleasant thought, makes me thankful I have health insurance!). This is a debated issue, but there is potential that we could run afoul of the GFSZA. That said, I don't know of any cases where a CHL holder got in trouble for carrying in a hospital.

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    Member Array 3dfxMM's Avatar
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    The GFSZA only applies to elementary and secondary schools.

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    In Texas: With out the 30.06 it is lawful to carry anyplace except schools (and why I don't know), voting places, and federal buildings (courts, police stations, jails)

    Is there any I missed?

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    VIP Member Array farronwolf's Avatar
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    Quote Originally Posted by BobbyLee View Post
    In Texas: With out the 30.06 it is lawful to carry anyplace except schools (and why I don't know), voting places, and federal buildings (courts, police stations, jails)

    Is there any I missed?
    Bars, secure areas of airports, within 1,000 feet of Huntsville on the day they are going to execute someone (exceptions apply), racetrack, high school, college, or professional sporting event.

    BTW, police stations aren't prohibited places.

    Time to review your Texas laws.
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    Ex Member Array MJB_17's Avatar
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    Quote Originally Posted by farronwolf View Post
    Bars, secure areas of airports, within 1,000 feet of Huntsville on the day they are going to execute someone (exceptions apply), racetrack, high school, college, or professional sporting event.

    BTW, police stations aren't prohibited places.

    Time to review your Texas laws.
    AKA once a week!

    I've always though it was weird that police stations aren't prohibited. Also, the state capitol now has a special line for CHL holders. They let you bypass the metal detectors, you give the trooper your CHL, they scan it to validate and you can go in.

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