Need a little help from the Texans

This is a discussion on Need a little help from the Texans within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by whiskerygoof But I believe in Texas, you must show your conceal license as well as your drivers license if stopped by LEO, ...

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Thread: Need a little help from the Texans

  1. #31
    Member Array Mobius's Avatar
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    Quote Originally Posted by whiskerygoof View Post
    But I believe in Texas, you must show your conceal license as well as your drivers license if stopped by LEO, ie speeding ticket, etc.
    Please read the entire post before trying to add to it. I don't like repeating myself.
    Quote Originally Posted by Mobius View Post
    You are legally licensed to carry a pistol, and it is concealed from the sight of others, and you are not restricted from doing so by either a 30.06 or 51% sign or school/government/polling place. As long as these three conditions are met, then as far as the law is concerned, you don't HAVE a gun until you reveal its presence.
    Note: This rule of thumb does not apply to inquiry by LEOs.
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  3. #32
    Member Array Steve O's Avatar
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    Quote Originally Posted by whiskerygoof View Post
    But I believe in Texas, you must show your conceal license as well as your drivers license if stopped by LEO, ie speeding ticket, etc.
    Nope, changed the law. You no longer have to show your CHL to law enforcement at a traffic stop. Still you might want to show it as a courtesy to the officer, he going to look on his computer and see it anyway.

  4. #33
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    Concealed handgun:
    HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder’s failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.

    Essentially, the law didn't change in the requirement to present the CHL license along with your driver's license when stopped by an LEO. It did remove the penalty formerly associated with it (license suspension) as of Sept 1, 2009.

    Personally, I plan on presenting the CHL license to the LEO if stopped. I would rather him find out from me up front than when he runs my driver's license in the car. Also, no telling how or if the change in the law has filtered down from DPS to the troopers, cops, or deputies in the field. Not worth the hassle, IMO.

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  5. #34
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    Quote Originally Posted by whiskerygoof View Post
    I am confused as well. Why did the earlier parts of the statute even mention hospitals, if they must post like any other biz?? Isn't that like saying you can't conceal carry on a used car parking lot, BUT the car lot must still have the 30.06 posting or you can carry. Scratching my head.
    It is exactly the same situation with federal facilities, and we all know guns are banned in federal facilities:
    18 USC 930:
    US CODE: Title 18,930. Possession of firearms and dangerous weapons in Federal facilities

    930. Possession of firearms and dangerous weapons in Federal facilities
    (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.

    (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.

  6. #35
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    In the state of Texas, you may not carry a concealed firearm in a hospital or nursing home without expressed written permission from the administration of those institutions. This is right out of the Texas Concealed Hangun Laws [and selected statutes] issed by the Texas Dept of Public Safety. If you could, my wife who works in a hospital would be able to carry.

  7. #36
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    Quote Originally Posted by Marine05 View Post
    In the state of Texas, you may not carry a concealed firearm in a hospital or nursing home without expressed written permission from the administration of those institutions. This is right out of the Texas Concealed Hangun Laws [and selected statutes] issed by the Texas Dept of Public Safety. If you could, my wife who works in a hospital would be able to carry.
    This used to be the case. The law still reads the exact same way, but then language was added pursuant to the line item that made it illegal to carry in a hospital, church, etc.

    Specifically, the added language that makes it legal was mentioned in an earlier post in this thread:


    "(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."

    He has to be given notice as per 30.06. The sign posted does not meet the requirements of 30.06 as shown by other posters. Therefore, it is LEGAL for him to carry in the hospital. He can be asked to leave and he has to comply or he will be charged with trespassing. But unless he is asked to disarm or leave, he is in the clear. Stopping after reading (b)(4) is a very common mistake, even by CHL's here in TX.


    Concealed Carry by CHL's in Texas IS legal in hospitals, churches, etc., unless the license-holder is given legal notice by the very specific 30.06 sign.

    Having said that, your wife would probably be barred from carrying concealed at work because the hospital would probably have some sort of employee handbook clause that would not allow it. Carry wouldn't necessarily be illegal in her case, but could result in loss of employment.

    Specific link to the regs in .pdf format: http://www.txdps.state.tx.us/ftp/forms/LS-16.pdf. Reference page 40, section 46.035(b)(4) for the language that made it illegal to carry in a hospital, followed up by added language from 2007, specifically (i) on page 42 that adds it's legal now unless the hospital gives proper notice with a 30.06 sign.
    Last edited by Camjr; December 29th, 2009 at 04:07 PM. Reason: edited to add more specifics
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  8. #37
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    There is a TREMENDOUS amount of misunderstanding about hospitals in relation to the 30.06 statute.

    1) It used to be forbidden
    2) Now it is not
    3) unless they post a 30.06
    4) 30.06 in the case of a hospital licensed by the public health board (all hospitals) only includes "Premises" as defined by the statute and NOT parking lots/parking decks/sidwalks/driveways

    To clear up another misconception; a clearly posted and proper 30.06 is considered effective notice. If you are found to have a firearm after that you can be arrested. Two things constitute effective notice: a 30.06 and/or a verbal notice from an employee of the location in question. In other words, you cannot walk past a 30.06 and then later claim you didnt see it as a defense. That will not fly in court
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  9. #38
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    Quote Originally Posted by Queensidecas View Post
    There is a TREMENDOUS amount of misunderstanding about hospitals in relation to the 30.06 statute.

    1) It used to be forbidden
    2) Now it is not
    3) unless they post a 30.06
    4) 30.06 in the case of a hospital licensed by the public health board (all hospitals) only includes "Premises" as defined by the statute and NOT parking lots/parking decks/sidwalks/driveways

    To clear up another misconception; a clearly posted and proper 30.06 is considered effective notice. If you are found to have a firearm after that you can be arrested. Two things constitute effective notice: a 30.06 and/or a verbal notice from an employee of the location in question. In other words, you cannot walk past a 30.06 and then later claim you didnt see it as a defense. That will not fly in court
    Actually you left one very important thing out (as did others). If you walk past a 30.06 sign and for some reason you end up exposing your weapon and it is noticed and they ask you to leave the property and you do by going out the nearest exit you have complied with the law. On the other hand if they see your weapon and call the police there is a possibility you may be arrested. You won't (shouldn't) be arrested if you can prove you came in through an entrance that was not posted with a 30.06 sign. Case in point would be a local mall here that is posted. I can still legally carry in that mall if I use an entrance that isn't posted. The owners of the mall cannot dictate mall policy to it's customer (the retailers in the mall). So if you enter by way of a store that is not posted ie Bass Pro Shop or other non posted stores you can legally carry throughout the mall. Just make sure you go out the same way you came in just to be on the safe side.

  10. #39
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    It is not a legal sign. I would have walked in. I'm sure glad I don't have to worry about signs anymore.

  11. #40
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    Quote Originally Posted by Steve O View Post
    Actually you left one very important thing out (as did others). If you walk past a 30.06 sign and for some reason you end up exposing your weapon and it is noticed and they ask you to leave the property and you do by going out the nearest exit you have complied with the law. On the other hand if they see your weapon and call the police there is a possibility you may be arrested. You won't (shouldn't) be arrested if you can prove you came in through an entrance that was not posted with a 30.06 sign. Case in point would be a local mall here that is posted. I can still legally carry in that mall if I use an entrance that isn't posted. The owners of the mall cannot dictate mall policy to it's customer (the retailers in the mall). So if you enter by way of a store that is not posted ie Bass Pro Shop or other non posted stores you can legally carry throughout the mall. Just make sure you go out the same way you came in just to be on the safe side.
    Very good tips. Just be careful operating on the thin line because losing your CHL wont be worth it in the long run
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