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Discussion Starter · #1 ·
Does the presence of this sign in the hospital entryway oblige me to disarm?

 

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Does it meet the requirements of the TX statute? From what I recall, the TX statute (IIRC, 30.06) is very specific in terms of signage and that if the signage is NOT exactly as spelled out in 30.06, the sign is invalid. However, I do not know if hospitals are already designated a "gun-free" zone.
 

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Deleted...never mind.
 

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Discussion Starter · #5 ·
The intent is certainly clear, and I did disarm. But as I understand it, the sign doesn't meet the legal requirements SigGuy alluded to above, and as such, I think the sign is not valid. I'm hoping some Texans will stop by and verify.
 

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NO IT IS NOT A LEGAL SIGN,below is
In order to provide notice that entry on property by a license holder with a concealed handgun is forbidden, Penal Code Section 30.06(c)(3)(A) requires that a written communication contain the following language:

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."

"CONFORME A LA SECCIÓN 30.06 DEL CÔDIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO."
 

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Does the presence of this sign in the hospital entryway oblige me to disarm?
No. The reference to V.C.S. (Vernon's Civil Statutes) is outdated, therefore not legally enforceable.

In order for a sign to be legally enforceable, it must read exactly as specified by current law.

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."

http://www.txdps.state.tx.us/ftp/forms/cr-1.pdf
 

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Not a legal sign. You have not been given effective notice under the statues according to that particular sign
 

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NO IT IS NOT A LEGAL SIGN,below is
In order to provide notice that entry on property by a license holder with a concealed handgun is forbidden, Penal Code Section 30.06(c)(3)(A) requires that a written communication contain the following language:

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."

"CONFORME A LA SECCIÓN 30.06 DEL CÔDIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO."
Precisely correct. Only the 30.06 or 51% signs have any validity in Texas.
 

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Discussion Starter · #11 ·
No, but you do have to pay to get out of the parking lot. I think that's why the reference to a cashier is there.
 

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Isn't it a hospital?

I may be reading this wrong but...

PENAL CODE   CHAPTER 46. WEAPONS

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.
Gun must be concealed at all times.

(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:
Concealed or not, it's illegal when:

....(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;....
 

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Isn't it a hospital?

I may be reading this wrong but...

PENAL CODE** CHAPTER 46. WEAPONS



Gun must be concealed at all times.



Concealed or not, it's illegal when:
Yes you are reading it wrong. You stopped reading too early. If you continue reading you will find this:

"(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. :santaclaus:
 

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Yes you are reading it wrong. You stopped reading too early. If you continue reading you will find this:

"(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. :santaclaus:
Ah. Thanks. I didn't see it hiding down there. I thought the section was finished at (h). :bier:
 

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It is not a legal sign as it does not meet 30.06 requirements for a valid sign to restrict carry of concealed handguns.
I would carry there anyway. That's just me, though.
 

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The sign does not meet Tx law. But, try convincing security or the cops if you are discovered. Hospital parking garages are bad places at night. I really do not understand why hospitals seem to be so off limits for ccw. People get mad about their bill? :rofl:
 

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The sign does not meet Tx law. But, try convincing security or the cops if you are discovered. Hospital parking garages are bad places at night. I really do not understand why hospitals seem to be so off limits for ccw. People get mad about their bill? :rofl:
Well, there is that. But the main thing about hospitals and doctors on this is they see a lot of gun shot wounds and this tends to make many of them anti-gun. Not logical but then, that (emotion) is what runs the antis mostly.
 

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I had to go to a local emergency room a couple of months ago. Good thing they didn't check my pants pockets. I had a Keltec .380 in one of the front pockets. Oops.....

They actually had the 30.06 sign displayed appropriately. Of course at that particular moment, I didn't care....

Everything turned out alright and I was out 7 hours later.
 

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like posted above, the sign must be in English and Spanish and the letters must be a certain size and visibly posted at each entrance.
 

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NO IT IS NOT A LEGAL SIGN,below is
In order to provide notice that entry on property by a license holder with a concealed handgun is forbidden, Penal Code Section 30.06(c)(3)(A) requires that a written communication contain the following language:

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."

"CONFORME A LA SECCIÓN 30.06 DEL CÔDIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO."
And the beauty of the 30.06 law is it specifies exactly what the text must be, and that it must be in both english and spanish, and must be block letters at least one inch tall on a contrasting background. Also, the signs must be posted conspicuously and plainly visible to the public. If it is only in english, or the letters are only 3/4 of an inch tall, it is not a legally enforceable sign.
 
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