TEXAS: Question about Postings at Hospital

TEXAS: Question about Postings at Hospital

This is a discussion on TEXAS: Question about Postings at Hospital within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Does a hospital have to post a 30.06 sign to prevent concealed carry? Or since it's a hospital is any "no gun" sign sufficient (sign ...

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Thread: TEXAS: Question about Postings at Hospital

  1. #1
    Member Array CJ810's Avatar
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    TEXAS: Question about Postings at Hospital

    Does a hospital have to post a 30.06 sign to prevent concealed carry? Or since it's a hospital is any "no gun" sign sufficient (sign in question smaller than a license plate with a picture of a gun with a line through it and the statement "no concealed weapons <don't remember the rest>") Is there any distinction between Medical Centers/Large hospitals, rehabs, LTACS, nursing homes, etc.?

    Does a posting at a hospital on the building automatically include the parking area, or does the parking area have to be separately posted or mentioned on the building sign?

    If the operations manager at a hospital gives a verbal authorization to an employee to leave a weapon safely stored in a vehicle in a parking lot that is otherwise posted, is that sufficient or does it have to be in writing?


  2. #2
    New Member Array Flinch's Avatar
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    In Texas hospitals are off limits to chl holders, they do not have to post a 30.06 sign. I suppose that would also apply to rehab centers, etc. but I am not sure. Having the gun in the car in the parking lot is okay. The laws also give specific criteria for what needs to be on the 30.06 signs and where they need to be posted. Its all in the book you get when you take the chl class.

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    VIP Member Array farronwolf's Avatar
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    Quote Originally Posted by Flinch View Post
    In Texas hospitals are off limits to chl holders, they do not have to post a 30.06 sign. I suppose that would also apply to rehab centers, etc. but I am not sure. Having the gun in the car in the parking lot is okay. The laws also give specific criteria for what needs to be on the 30.06 signs and where they need to be posted. Its all in the book you get when you take the chl class.
    Wrong, wrong, wrong, wrong, wrong.

    People, please learn the laws of our state if your going to carry concealed.

    A hospital must post a valid 30.06 sign if they want to keep people from carrying in their buildings.

    Read the laws folks.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  4. #4
    VIP Member Array farronwolf's Avatar
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    If the person with a CHL is an employee, the employer can give verbal or written notification that weapons are prohibited. Depending on the layout of the area, they can prohibit them in the parking area as well. It doesn't make a darn bit of difference if it is a hospital or a factory, the laws are the same.

    If there isn't anything in the employee handbook, or they haven't been given verbal notice, then unless there is a 30.06 sign on the building then the employee can carry into the building, unless it is an otherwise prohibited place.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  5. #5
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    Check the latest version of the CHL handbook or penal code PC46.035. Hospitals must be posted with a 30.06 sign.

    Sec. 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 Chapter 1702, Occupations Code, 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.

    Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214, Sec. 2

    (h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was:
    (1) an active judicial officer, as defined by Section 411.201, Government Code; or
    (2) a bailiff designated by the active judicial officer and engaged in escorting the officer.

    Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 5

    (h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was:
    (1) a judge or justice of a federal court;
    (2) an active judicial officer, as defined by Section 411.201, Government Code; or
    (3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.
    (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.
    (j) Subsections (a) and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.
    Added by Acts 1995, 74th Leg., ch. 229, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.04, eff. Sept.
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  6. #6
    VIP Member Array farronwolf's Avatar
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    Thanks for posting that TX JB, I was in the process of doing the same.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    Your welcome, I think we got it covered...
    "Texas can make it without the United States, but the United States can't make it without Texas!".... Sam Houston

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    VIP Member Array searcher 45's Avatar
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    My question is this; Most emergency room entrances have a 30.06 sign, but many hospitals do not have a 30.06 sign at any other entrance, so is the whole hospital covered by the one entrance sign? Also late at night many hospitals lock all entrances but the ER entrance and if you were CC while visiting someone and had to leave say at 4:00am and had to go out through ER exit where the only 30.06 sign is for the whole hospital was posted are you in volitional? I just wish hospitals would get their act together in relation to sign and the 30.06 law!!

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    Member Array gumaro's Avatar
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    I think for 30.06 sign to carry any weight it has to be posted at all entrances.

  10. #10
    Senior Member Array KevinDooley's Avatar
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    Quote Originally Posted by gumaro View Post
    I think for 30.06 sign to carry any weight it has to be posted at all entrances.
    That is my understanding as well.

    As someone who has moved to Texas since the laws governing amusement parks, hospitals, churches, etc. has changed I am baffled by how many people (those that carry and those that don't) think this law is still in effect. Considering that George W. Bush signed it into law when he was only a governor, you'd think enough time would have passed for people to learn about it...
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  11. #11
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    I think if it came into question, late at night, etc... security would probably ask you to leave or go put your weapon in your vehicle. As long as you are decent about it and don't cause a scene, they probably wouldn't even try to take it any further. OMO

    Unfortunately, I 've been spending way too much time at hospitals and other medical facilities around here and have come to realize, that all the major hospital chains here in town are posted at every entrance I've been thru.
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  12. #12
    VIP Member Array farronwolf's Avatar
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    If you go into a hospital and there is no 30.06 sign at the entrance you go in, you are legal. If by chance you stay at the hospital after most of the entrances have been closed, (note on this one, I have never seen an entrance that has been closed for entrance that you still could not exit from), and you must exit through an extrance like the ER that is posted, you are still legal because your exiting the hospital. Now if you forgot something, and you have to turn around after exiting, then you are not legal to go get what you forgot if the entrance is posted.

    One last note. If you have entered legally through an unposted entrance, and are exiting through a posted entrance, as long as your not showing your weapon or walk up to the security guard and tell him your leaving with the weapon, you are still legal and no one will know. So just go home and go to sleep.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    BTW, a couple of years ago, the Presby's in Plano and Allen had 30.06 signs but they did not meet the strict requirements of the law under 30.06. Always check first.

  14. #14
    VIP Member Array Paco's Avatar
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    Quote Originally Posted by Rock and Glock View Post
    BTW, a couple of years ago, the Presby's in Plano and Allen had 30.06 signs but they did not meet the strict requirements of the law under 30.06. Always check first.
    The one in Allen does now, they are all posted properly and at every entrance I go through.
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    Member Array CJ810's Avatar
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    More specific

    The ops manager at one of the hospitals where I work said I could keep my gun in my car, but it was more of a don't ask don't tell thing. I asked if I could get it in writing, and he was hesitant. Is verbal ok?

    I'm not sure I ever even got a handbook; I am a part time chaplain there.

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