Texas town gun law question

[jlr1962]

Does this look legit? Please delete and I am sorry if this is out of bounds.

Sec. 8.03.002 Carrying concealed handgun on city property
(a) Prohibited. No person, including a person licensed to carry a concealed handgun under Tex. Gov’t Code section 411.171 et seq., shall carry a handgun on or about his or her person on any premises owned, leased, operated or controlled by the city.

(b) Definition. For the purpose of this section, the following definition shall apply, unless the context clearly indicates or requires a different meaning:

Premises. 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.

(c) Signs and notices.

(1) The city administrator shall cause appropriate signs to be erected at the entrances to city premises and shall require that all agendas for city council, board and commission meetings contain a notice, in both English and Spanish, that it is unlawful to carry a handgun on the premises.

(2) The sign posted at entrances shall be in contrasting colors with block letters at least one inch in height and shall be displayed in a conspicuous manner clearly visible to the public and in English and Spanish.

(3) The signs shall state: “Carrying of a concealed handgun on these premises is prohibited and violators will be arrested for criminal trespass.”

 

[Red Wind]

What city or town in Texas posted this? Just asking so I can avoid it.

 

[jlr1962]

What city or town in Texas posted this? Just asking so I can avoid it.

Celina. They are having a Ballon Festival there in a city park. The ad for the event says "no guns". The wife wants to go.

 

[Acera]

I think Texas preemption has to play into this somehow.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.229.htm


Some cities try, like the knife laws in San Antonio that are clearly in violation.





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[dogtown tom]

jlr1962 Does this look legit? Please delete and I am sorry if this is out of bounds.

Sec. 8.03.002 Carrying concealed handgun on city property
(a) Prohibited. No person, including a person licensed to carry a concealed handgun under Tex. Gov’t Code section 411.171 et seq., shall carry a handgun on or about his or her person on any premises owned, leased, operated or controlled by the city.

Celina. They are having a Ballon Festival there in a city park. The ad for the event says "no guns". The wife wants to go.

A city cannot post 30.06 in a public park. File an online complaint here:
https://www.texasattorneygeneral.gov/3006/3006-complaints

Our state Attorney General may be under indictment, but he does like whipping butt on 30.06 and 30.07 violations.

 

[Art Eatman]

The signs, where allowed by state law, must themselves meet the requirements of 30-06 signs.

The only places a city can prohibit "toting" are city-owned buildings as controlled by state law.

Pertinent Texas state laws are on the Internet.

 

[jlr1962]

A city cannot post 30.06 in a public park. File an online complaint here:
https://www.texasattorneygeneral.gov/3006/3006-complaints

Our state Attorney General may be under indictment, but he does like whipping butt on 30.06 and 30.07 violations.

Their version of "no guns" signs signs are not actually in place at the city buildings, and the event area is not posted at this time. If they actually put up the signs at the city park during the balloon event, they will be back down before the 3 day period they have to respond to the request. The online ordinance is meaningless without the signage in place, according to the person I spoke to at the AG office. The AG won't do anything without the full complaint process being followed. Looks like the town put some thought into their actions.

 

[Art Eatman]

Make the rounds of your local gun shops and get people to write letters to editors and make phone calls to TV stations. Flood them with the question as to how it is proper for city officials to break state laws. Embarrass the officials.

 

[jlr1962]

Make the rounds of your local gun shops and get people to write letters to editors and make phone calls to TV stations. Flood them with the question as to how it is proper for city officials to break state laws. Embarrass the officials.

Per the conversation with the person at the AG office, the law is written to the point that any city can put up 30-06 or 30-07 signs for 3 day time periods on occasion without breaking any law.

 

[dogtown tom]

jlr1962 ....Per the conversation with the person at the AG office, the law is written to the point that any city can put up 30-06 or 30-07 signs for 3 day time periods on occasion without breaking any law.

No, its a violation of the law the minute they put up an illegal sign.
Enforcement of that violation requires that you file a complaint to the offending city/county/etc who has three days to remove the sign. If they do not then the TX AG's office will take the complaint.

If a Texas city or county improperly posts a 30.06 or 30.07 sign, you can still lawfully carry there.

The TX AG complaint process is not your only legal recourse.....but it's free.

I would recommend writing a letter to that local government advising them of the illegality AHEAD OF TIME and that if they go ahead and post the signage you will sue.

 

[GEM]

www.texaschlforum.com has stickies and resources to resolve the issue.

 

[jlr1962]

No, its a violation of the law the minute they put up an illegal sign.
Enforcement of that violation requires that you file a complaint to the offending city/county/etc who has three days to remove the sign. If they do not then the TX AG's office will take the complaint.

If a Texas city or county improperly posts a 30.06 or 30.07 sign, you can still lawfully carry there.

The TX AG complaint process is not your only legal recourse.....but it's free.

I would recommend writing a letter to that local government advising them of the illegality AHEAD OF TIME and that if they go ahead and post the signage you will sue.

I just found this. See below. They will probably not put up the signage similar to not putting up any signage on their city buildings. They also have a disclaimer buried in their parks ordinances stating:


Within the limits of any city park, it shall be unlawful for any person to do any of the acts hereinafter specified, except as may be otherwise provided:

(1) To hitch, fasten, lead, drive, or let loose any animal, reptile, or fowl of any kind, provided that this shall not apply to dogs when led by a cord or chain not more than six feet long.

(2) To ride any horse or other animal, except in designated areas.

(3) To ride, drive, or go on any drive or street in any park at a speed greater than the posted speed limits, [or] upon bicycle, motorcycle, automobile, or other motorized vehicle upon any sidewalk, hike, or jogging trail or walk, except in designated areas.

(4) To carry or discharge any firearms, firecrackers, rockets, torpedoes, or any other fireworks, airguns, BB guns, bows and arrows, slingshots, or paint-ball guns, or hit golf balls, except in designated areas, unless such prohibition is preempted by any state or federal law.