• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Government Building Posted

Caliche Kid

New member
Joined
Feb 22, 2010
Messages
3
Location
, ,
imported post

I just returned from checking my tax exemptions at the local appraisal district office. I am permitted to conceal carry and was carrying when I visited the appraisal district building.

First of all, I noticed the familiar PC Section 30.06 sign prominently posted near the entrance. I found it unusual that the appraisal district used Sect. 30.06 in an attempt to keep firearms from their building.

I then noticed a second posting of a sign that was unfamiliar. The sign cited as its authority PC Section 46.03 as it's authority. In effect, it read that open carrying - even with a permit - was prohibited at any meeting of a governmental entity (PC Section 46.035(c).

I did not carrymyweapon inside opting instead to leaveitlocked in the vehicle. My question is - Is an Appraisal District Board a government entity and can the entire building be posted when onlya portion of the building is set aside for Board hearings?
 

rodbender

Regular Member
Joined
Jun 23, 2008
Messages
2,519
Location
Navasota, Texas, USA
imported post

First off, even government buildings (except federal) have to be posted 30.06 to keep out us scoundrels (at least the really dangerous part, which we have to leave in our vehicle so a criminal can steal it and rob a store or bank or such).

Secondly, it's illegal to open carry anywhere in Texas, so I don't know why they wasted the money to have the signs printed (unless someone has a family member in the business).
 

Caliche Kid

New member
Joined
Feb 22, 2010
Messages
3
Location
, ,
imported post

Thanks for the info.

I was under the impression that 'government' buildings were publically owned and therefore could not be posted pursuant to 30.06. My understanding was that if the statute did not specifically prohibit concealed carry, then it was okay to carry in your weapon unless it was posted under 30.06.

I always understood that you could not carry into court rooms when court was in session- I was interpreting that restriction to mean that the rest of the building was not restricted even when court was in session or that you could not legally carry into any office that handled 'court' business i.e., Clerk of Court.

This is my first post on this forum and I haveonly beenpermittedfor one year. I have only beenconcealed carrying for the past few months - unsure of myself and the laws.

Great forum - lots of good info.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
imported post

30.06 signs in Texas are invalid on any government building. The only valid use of 30.06 by government are posting a meeting of a government body. That makes the meeting off limits, not the building, and the meeting doesn't even have to be in a building at all, much less a government building.
 

Caliche Kid

New member
Joined
Feb 22, 2010
Messages
3
Location
, ,
imported post

Wow! That raises many questions in my mind. For instance, can you open carry to a government meeting when you know for a fact that the government meeting has not been properly posted according to the state's Open Meetings Act - are you in violation? Unlawful meetings of government officials occur more often than one might think. And there is always those 'ground breaking' ceremonies where a quorum of City Council turns out to break ground for a new library, park or some other public building.

Thank you all for your insights. Are there flyers available that I could use to help educate the Appraisal District on how to properly post their Board meetings?
 

DocNTexas

Regular Member
Joined
Nov 7, 2007
Messages
300
Location
, Texas, USA
imported post

DKSuddeth wrote:
if i'm not mistaken, 46.035 is specifically for government offices. they do not need to post 30.06.

DK,

Section (i) was added to PC46.035 that adds the requirement of 30.06 posting for section (c) to be enforcable.

Doc
 

DocNTexas

Regular Member
Joined
Nov 7, 2007
Messages
300
Location
, Texas, USA
imported post

KBCraig wrote:
30.06 signs in Texas are invalid on any government building. The only valid use of 30.06 by government are posting a meeting of a government body. That makes the meeting off limits, not the building, and the meeting doesn't even have to be in a building at all, much less a government building.

KBC is correct; posting of governmental meetings are only valid during the time the meeting is taking place and is limited to the room/area of the meeting. However, it is common practice for such places to permanently post the entire building, some claimingthat is the intent and others claiming it is simply easier that way, but for many it is actually the underlying hope tobluff the unknowing and those unwilling to take the risk.

If in doubt, look for the posting for the meeting. All such meetings are required to be posted as well (not for carry purposes, but meeting purposes), thus, if there is no posting indication a meetingat that particular time,then the 30.06 posting is not enforceable either. There again, it only takes one hard-nosed governmental official or LEO to cost you a mint in defense fee.

Doc
 
Top