Guns Open Carry (Vernon, Howe: sale, amusement parks, felony)

[1StarRanch]

Interesting poll results from mysa. Apparently 72.8% of folks polled think:
Legislation should be changed to allow owners of handguns to carry them openly? Your thoughts?

I'm all for this!

[rexkwandosatx]

i second that! as long as the person carries their license, i don't see the problem.

[TXtrkgrl]

I'm totally for it. I think it would slow down a lot of the crime.
These thugs would think twice about doing stupid stuff if they thought we were packin.

[GoTexan]

They'd have my vote!

Next order of business would be to convince my company to change it's policy so I could carry it legally in my company car............

[mtdave2]

Montana has always had the law. its not odd to me. its really not a big deal, most people wont carry them anyway. Many business wont let you bring them inside, so what’s the point.

i know this is a whacked out idea, but i would love to see everyone with a gun on their hip. we would be a far more polite people. lmao

[1StarRanch]

Originally Posted by mtdave2

Montana has always had the law. its not odd to me. its really not a big deal, most people wont carry them anyway. Many business wont let you bring them inside, so what’s the point.

i know this is a whacked out idea, but i would love to see everyone with a gun on their hip. we would be a far more polite people. lmao

Doesn't state law override a business? Not sure how that works.

[Sweetie Pie]

Originally Posted by mtdave2

Montana has always had the law. its not odd to me. its really not a big deal, most people wont carry them anyway. Many business wont let you bring them inside, so what’s the point.

i know this is a whacked out idea, but i would love to see everyone with a gun on their hip. we would be a far more polite people. lmao

Love this idea!

[mtdave2]

nope, private property rights are top dog there, at least for now I am sure you have seen the signs on store windows saying that fire arms are not allowed in the store. They have to be a cretin size and color and say the correct words. Then even someone with a concealed weapons permit cant legally carry there.

other wise its only banks, bars (that’s the 51% sign you may have seen) and government buildings that you cant carry your gun into

[1StarRanch]

Don't get me wrong I'm all for private property rights as opposed to big government coming in and telling folks what to do. I'm just surprised people have rights.

[majormadmax]

For a private business, they must display the specific 30.06 sign to be within the law prohibitting the carry of concealed weapons on the premises...

"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."

Penal Code Section 30.06(c)(3)(B) further states that a sign must meet the following requirements:

- includes the language described by Paragraph (A) in both English and Spanish;
- appears in contrasting colors with block letters at least one inch in height; and
- is displayed in a conspicuous manner clearly visible to the public.

Anything else, such as the international 'no guns' sign (below), is not sufficient according to Texas law...

http://tv.ku.edu/media/news/images/2006/11/gun-tease-image.png (broken link)

However, Sec. 30.05. CRIMINAL TRESPASS states that a person can also receive an oral communication by the owner or someone with apparent authority to act for the owner and at such time must leave the premises.

Section § 46.03. PLACES WEAPONS PROHIBITED, outlines where it is illegal to carry at any time...

(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an election or while early voting is in progress;
(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
(2) "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform; and
(B) the firearm or club is in plain view; or
(4) Deleted by Acts 1995, 74th Leg., ch. 318, § 17, eff. Sept. 1, 1995.
(5) a security officer who holds a personal protection authorization under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area.
(f) It is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road; or
(2) at the actor's residence or place of employment.

and § 46.035. deals with the 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.
(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.

Note the bolded text, which states that hospitals, amusement parks and chrches must dispay the 30.06 sign to enforce this law!

Cheers! M2