Question about CCW in Texas


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Aggie's Revenge
October 13, 2006, 11:14 AM
Recently I had to spend a lot of time at NW Hospital in Amarillo. They had signs posted at the entrance stating the CCW law prevented the carrying of firearms on the premise.

As an Oklahoma LEO would that restriction apply to me carrying my weapon in the hospital? My understanding was that it would not since I was carrying under the federal legislation.

Anyone know for sure?

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cane
October 13, 2006, 12:14 PM
Two questions, first how was the sign worded, was it in both Spanish & English, and did it reference Texas Statute 30.06? Second are you still an active officer or are you retired?

wdlsguy
October 13, 2006, 12:15 PM
Did the sign or signs 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.
http://www.txdps.state.tx.us/administration/crime_records/chl/signposting.htm

This is what would be required to keep someone carrying on a CHL out.

LeonCarr
October 13, 2006, 12:16 PM
Try contacting the Texas Attorney General's Office, and get an opinion from them in writing.

www.oag.state.tx.us

Carry of weapons by Peace Officers differs from that of CHL holders.

I hope this helps.

Just my .02,
LeonCarr

KnifeLawGuy
October 13, 2006, 12:39 PM
Aggie,

By "federal legislation" I assume you mean the Law Enforcement Officer's Safety Act of 2004 (LEOSA), codified at 18 U.S.C. Sec. 926B.

Here's a relevant excerpt of Sec. 926B:

§ 926B. Carrying of concealed firearms by qualified law enforcement officers
(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).
(b) This section shall not be construed to supersede or limit the laws of any State that—
(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
...

Thus, it appears from the plain language of the statute that LEOSA does not "supercede or limit the laws of any state that" allows private persons or entities to prohibit concealed firearms on their property, e.g., via a valid Sec. 30.06 (I think) sign in TX. LEOSA also does not appear to prevent state or local governments from restricting or prohibiting firearms possession on public property such as government buildings, public parks, etc.

As a practical matter, whether you, as a LEO, would get charged with violating a valid CCW prohibition would (assuming you were caught, and this was the only issue) probably depend on the local LEO attitude towards other out-of-state LEOs. That is, whether the local LEOs will exercise enforcement discretion and extend professional courtesy to you as an out-of-state LEO and overlook this technical breach of state/local law.

Edited to add: Also, note that some states have statutes (that generally pre-date LEOSA) that allow out-of-state LEOs to carry and which may afford greater carry privileges for LEOs than would otherwise apply. You should check with the TX AG's office whether TX has such a law.

Hope this helps. Stay safe.

david.

Mr Kablammo
October 13, 2006, 06:56 PM
I believe it is illegal, not just policy, to CCW in a hospital. Try asking at www.shootingtexas.com also.

Geronimo45
October 13, 2006, 07:01 PM
Must be .30-06 posted, Spanish and English, in big letters. Gov't buildings are illegal, though. Hospitals must be posted, same with churches.

Glockamolie
October 13, 2006, 07:06 PM
For a CHL holder, they have to be properly posted 30.06 to be off-limits. I don't know about the out-of-state active LEO carrying, though.

EDIT: ^^^^^Like he said.

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