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Username: Sleepydad

Post Number: 1
Registered: 07-2010
Posted on Friday, July 16, 2010 - 10:52 am:   

I would like to question the legality of the 30.06 signs that prohibit CHL holders from carrying concealed handguns within Frisco City Hall. My concern is the Library in particular.

Under the pre-emption law passed a few years ago it prohibits barring CHL holders from carrying with public buildings unless it is expressly prohibited by another part of the law.

That law states:

"(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035."

Places expressly prohibited are:

o Buildings where there is a Court
o Polling location the day for voting
o Racetrack
o Amusement Park
o Secured area in an airport
o Within a 1000 ft from a place designated to carry an execution by the state the day of the execution
o Any place or business that has been determined by TABC that it derives 51% or more of their revenue of in-premises alcohol consumption. The determination of the percentage is done by TABC and the sign cannot be put in place by the owner in order to discourage patrons from carrying if it doesn't meet the threshold.
o Sporting events
o Some hospitals (*)
o Polling location the day for voting
o Penal institutions
o Mental Institutions
o Schools (except on parking lots, while dropping/picking up students in your vehicle, etc)
o At any meeting of a government entity(46.035 section C)

The only part of the law that appears to apply is the “meeting of a government entity”. This section would include a city council meeting. However, apparently only the actual meeting chamber and only while a meeting was in session. Not the entire building or when council meetings were not being conducted.

Another issue is the signs in the front of the building are very difficult to see and don’t meet the criteria for sign placement.

(p.35-36) PC 30.06 Section B (iii)
“Is displayed in a conspicuous manner clearly visible to the public.”

My questions are:
Are these signs legal?
Are they being enforced?
If so, what is the justification?
application/pdfCHL Laws
CHL-16.pdf (328.9 k)

Todd Renshaw, Chief of Police
Username: Todd

Post Number: 464
Registered: 01-2002
Posted on Monday, July 19, 2010 - 04:49 pm:   

This question came up in Feb 2008. Our city attorney researched the topic and indicated that without proper notice, the prohibition against entry into the city council meeting was not enforceable. "§ 46.035(i) states, “Subsections…(c) do not apply if the actor was not given effective notice under Section 30.06.”
Thus the notice is required under the statute. The signs are plainly visible on both entry doors at City Hall.
I am not aware of a single enforcement issue since City Hall opened in 2006. We did leave the signs posted at the Old City Hall in 2003 once the Council meetings moved to a different location. Once, the oversite was brought to my attention, the signs were removed.
If you have any additional questions, contact me at 972.292.6100 or trenshaw@friscotexas.gov

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