TX 30.05 (of interest only to Texas folk)

This is a discussion on TX 30.05 (of interest only to Texas folk) within the General Firearm Discussion forums, part of the Related Topics category; I needed to visit a friend who is in a facility which is both a hospital and a nursing home. Within one facility they have ...

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Thread: TX 30.05 (of interest only to Texas folk)

  1. #1
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    TX 30.05 (of interest only to Texas folk)

    I needed to visit a friend who is in a facility which is both a hospital and a nursing home. Within one facility they have everything from assisted living to intensive care.

    I expected to see the hospital prohibition marked with the usual 30.06 sign. Instead, they had "gun buster" signs and a sign giving notice of Section 30.05.

    Memory being what it is, I have just looked up and re-read through the 30.05 section.

    A chl is defense to prosecution.

    That's the first time I have ever encountered a 30.05 notice.

    It is a nice touch actually. What they are saying is only licensed carry is allowed

    Beats a 30.06 sign any time.

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    Member Array tiwood's Avatar
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    Cool, I have never heard of that.

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    Senior Member Array mr surveyor's Avatar
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    hopyard

    I think you already know that the item "i" provision in the "places prohibited to CHL" as related to Section 30.06 as concerning hospitals and nursing homes pretty well takes care of the CHL issue, and 30.05, I believe, is trumped by 30.06 in this case.

    Unfortunately, we have a couple of hospitals I visit here in the Northeast (of Texas) that are 30.06 posted... one with very substandard signage, the other with complete to spec signage. Unfortunately again, one has to decide whether or not the substandard signage has conveyed notification of intent.


    surv


    oh, I think it is mandatory that hospitals post 30.05 anyway

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    re: Mr Surveyor's

    Quote Originally Posted by mr surveyor View Post
    hopyard

    I think you already know that the item "i" provision in the "places prohibited to CHL" as related to Section 30.06 as concerning hospitals and nursing homes pretty well takes care of the CHL issue, and 30.05, I believe, is trumped by 30.06 in this case.

    Unfortunately, we have a couple of hospitals I visit here in the Northeast (of Texas) that are 30.06 posted... one with very substandard signage, the other with complete to spec signage. Unfortunately again, one has to decide whether or not the substandard signage has conveyed notification of intent.
    rv
    oh, I think it is mandatory that hospitals post 30.05 anyway
    I think we are both talking about Section 46.035 (i)Subsections (b)(4), ...and (c) do not apply if the actor was not given effective notice under Section 30.06.
    [Found on page 41 of the 2007-2008 book.]

    I just have not seen the 30.05 sign before. Usually, they all post a 30.06 and I was expecting that one.

    Regarding 30.05, on page 33 of the handbook--- (f) It is a defense to prosecution under this section that: (2) the person was carrying a concealed handgun and a license to carry a concealed handgun of the same category that the person was carrying.

    So yes, it defaults back to 30.06.

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    Senior Member Array mr surveyor's Avatar
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    yes, it is actually 46.035 that defines the requirement for posting. It's my understanding that 30.05 no longer has much (any) impact on CHL as it does not give the statuatory effective noticeas required by 30.06.

    As to 30.05 itself.... aren't the hospitals required to post 30.05, and/or gunbusters the same as establishments that sell alcoholic beverages for off premesis consumption, if they don't post 30.06 on their own.

    surv

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    re: Mr Surveyor--don't know about posting req.

    Quote Originally Posted by mr surveyor View Post
    yes, it is actually 46.035 that defines the requirement for posting. It's my understanding that 30.05 no longer has much (any) impact on CHL as it does not give the statuatory effective noticeas required by 30.06.

    As to 30.05 itself.... aren't the hospitals required to post 30.05, and/or gunbusters the same as establishments that sell alcoholic beverages for off premesis consumption, if they don't post 30.06 on their own.

    surv
    I don't know what hospitals are required to do, I was just surprised to not see a 30.06.

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    Senior Member Array mr surveyor's Avatar
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    they are NOT required to post 30.06, but some do. We have one area hospital with absolutely nothing but a few gunbusters. One has a single small (maybe 10" x14") white lettered sign, letter height about 5/8 inch, on clear glass, on automatic sliding door (have to chase it to see it), English only, and posted on the front lobby entrance only....the rear entrances are the most used, and NOT posted. Another hospital has regulation sized signage, English and Spanish, on every entrance I could find....but again, painted on clear glass sliding doors. Screwy deal.

    It's always been my understanding that the 30.05 (criminal trespass) signs were to notify the public that "Unlicensed Possession of a firearm...." was prohibited. And, prior to current CHL legislation, 30.05signage was required at certain places, which I believe included hospitals. I would buess that a lot of facilities (especially privately owned businesses) aren't even aware of CHL legislation, and the fact that they are required to post certain signs mandated by law if they want to legally prohibit CHL's from entry (with a weapon).

    surv

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