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Old October 5, 2011, 01:16 PM   #26
Double Naught Spy
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Join Date: January 8, 2001
Location: Forestburg, Montague Cnty, TX
Posts: 12,717
Quote:
DNS,

I don't think those are "opposing" claims. They both say that the signs carry no force of law, just one poster claims that there are specific ordinances that would make the sign legally binding.

In general, they are in agreement. It's only the "specific ordinance" citing that might be different.
Actually Peetz, the 2nd opinion said that no signs carry the force of law and the first one said that specific signs do carry the force of law. Those are definitely different. The former, however, is in error and the latter appears correct. Signs, in and of themselves, do not appear to carry any force of law, at least not that is stated anywhere in 18-12-214.

Quote:
18-12-214. Authority granted by permit - carrying restrictions.
(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all
areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to
use a handgun in a manner that would violate a provision of state law. A local government does not have
authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.
(b) A peace officer may temporarily disarm a permittee, incident to a lawful stop of the permittee. The peace
officer shall return the handgun to the permittee prior to discharging the permittee from the scene.
(2) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a
place where the carrying of firearms is prohibited by federal law. Page 18-senate bill 03-024
(3) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the
real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high
school; except that:
(a) A permittee may have a handgun on the real property of the public school so long as the handgun remains
in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a compartment within the
vehicle and the vehicle is locked.
(b) A permittee who is employed or retained by contract by a school district as a school security officer may
carry a concealed handgun onto the real property, or into any improvement erected thereon, of a public
elementary, middle, junior high, or high school while the permittee is on duty.

(c) A permittee may carry a concealed handgun on undeveloped real property owned by a school district that
is used for hunting or other shooting sports.
(4) A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun into a
public building at which:
(a) Security personnel and electronic weapons screening devices are permanently in place at each entrance to
the building;
(b) Security personnel electronically screen each person who enters the building to determine whether the
person is carrying a weapon of any kind; and (c) Security personnel require each person who is carrying a
weapon of any kind to leave the weapon in possession of security personnel while the person is in the
building.
(5) nothing in this part 2 shall be construed to limit, restrict, or prohibit in any manner the existing rights of a
private property owner, private tenant, private employer, or private business entity.
(6) the provisions of this section apply to temporary emergency permits issued pursuant to section 18-12-
209.
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