EMS carrying weapons.... Law found.

July 7, 2008

Here is what I have found as far as Texas Weapon law is concerned.

Fortunately, handguns, whether they are concealed or openly carried

by EMS personnel isn't going to happen. [thank goodness]

=====================================================================

46.035 Unlawful carrying of handgun by license holder

411, Government Code, regardless of whether the handgun is concealed,

on or about the

license holder's person:

(1) on the premises of a business that has a permit or license issued

under Chapter

25, 28, 32, 69 or 74 Alcoholic Beverage Code, if the business derives

51

percent or more of its income from the sale or service of alcoholic

beverages

for on premises consumption, as determined by the Texas Alcoholic

Beverage

Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate or professional

sporting event

or interscholastic event is taking place unless the license holder is

a participant

in the event and a handgun is used in the event;

(3) on the premises of a correctional facility;

(4) on the premises of a hospital licensed under Chapter 241, Health

and Safety

Code, or on the premises of a nursing home licensed under Chapter 242,

Health and Safety Code, unless the license holder has written

authorization of

the hospital or nursing home administration, as appropriate;

(5) in an amusement park; or

(6) on the premises of a church, synagogue or other established place

of religious

worship.

intentionally,

knowingly, or recklessly carries a handgun under the authority of

Subchapter H,

Chapter 411, Government Code, regardless of whether the handgun is

concealed,

at any meeting of a governmental entity. Includes any level of state,

county or

local government.

----------------------------------------------------------------------

----------

Texas has no laws regarding possession of handguns, shotguns, or

rifles by persons 18 years or older without felony convictions; a

rifle, shotgun, or other long-barreled firearm may be carried openly,

however a permit to carry is required for handguns (issued only to

those 21 and older), and they must be concealed. Also, municipalities

may not create their own gun control laws (preemption).

On March 27, 2007, Gov. Rick signed Senate Bill 378 into law,

making Texas a " Castle Doctrine "

state which came into effect September 1, 2007.

[

http://upload.wikimedia.org/wikipedia/en/4/4b/Defense_of_Habitation_ci

tation.JPG ]

A Castle Doctrine (also known as a Castle Law or a Defense of

Habitation Law) is an American legal concept derived from English

Common Law, which designates one's place of residence (or, in some

states, any place legally occupied, such as one's car or place of

work) as a place in which one enjoys protection from illegal

trespassing and violent attack. It then goes on to give a person the

legal right to use deadly force to defend that place

(his/her " castle " ), and/or any other innocent persons legally inside

it, from violent attack or an intrusion which may lead to violent

attack. In a legal context, therefore, use of deadly force which

actually results in death may be defended as justifiable homicide

under the Castle Doctrine.

Castle Doctrines are legislated by state, and not all states in the

US have a Castle Doctrine. The term " Make My Day Law " comes from the

landmark 1985 Colorado statute that protects people from any criminal

charge or civil suit if they use force - including deadly force -

against an invader of the home.[1] The law's nickname is a reference

to the famous line uttered by Clint Eastwood's character Dirty Harry

in the 1983 film Sudden Impact, " Go ahead, make my day " .

This legal doctrine is often linked to the rights of homeowners to

bear arms, as defined in the Second Amendment of the U.S.

Constitution in the case of District of Columbia v. Heller.

----------------------------------------------------------------------

----------

Concealed Carry

Concealed carry is allowed in Texas, provided the individual has a

Texas-issued CCW permit or is permitted in a state with which Texas

has a reciprocity agreement.

The concealed handgun law sets out the eligibility criteria that must

be met. For example, you must be qualified to purchase a handgun

under the state and federal laws. Additionally, a number of factors

may make you ineligible to obtain a license, including: felony

convictions and some misdemeanor, including charges that resulted in

probation or deferred adjudication, pending criminal charges,

chemical or alcohol dependency, certain types of psychological

diagnoses, protective or restraining orders, or defaults on taxes,

governmental fees, student loans or child support.

Texas also signed HB1815 a new bill that allows any Texas resident

(21 or older) to carry a concealed handgun without a permit in the

resident's car. Now, it simply isn't an offense to carry a gun in a

vehicle, but with these three critical qualifiers: (1) the gun must

be concealed; (2) the carrier cannot be involved in criminal

activities; (3) the carrier cannot be a member of a criminal gang.

The fourth rule isn't mentioned in the bill, but stands from laws on

the books for a long time, and that is that no felon can carry or

even be around a gun.

----------------------------------------------------------------------

----------

As far as who can carry weapons openly in the state of Texas, well

that is an easy answer. If you have a current TCLOSE certification

(a valid one) You can carry a weapon, providing that you are

affiliated with a Law Enforcement Agency that is. [ correct me if I

am wrong here Wes]

----------------------------------------------------------------------

----------

signed,

Amon

FieldMedic

Austin, Texas

Be Warned, my opinions are my own. They do not express the views,

protocols, agendas or concerns of those for whom I work with or

support. Once again, the words contained herein are strictly of my

own opinions.

" There is no darkness like that of IGNORANCE "

July 7, 2008

What's the penalty for violation?

GG

>

> Actuallyâ€¦ the penal code was amendedâ€¦ hospitals are not off limits unless

> they are posted with 30.06 compliant signs.

>

> Â§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE

>

> A license holder commits an offense if the license

>

> holder intentionally, knowingly, or recklessly carries a handgun

>

> under the authority of Subchapter H, Chapter 411, Government Code,

>

> regardless of whether the handgun is concealed, on or about the

>

> license holder's person:

>

> (1-3 omitted)

>

> (4) on the premises of a hospital licensed under

>

> Chapter 241, Health and Safety Code, or on the premises of a nursing

>

> home licensed under Chapter 242, Health and Safety Code, unless the

>

> license holder has written authorization of the hospital or nursing

>

> home administration, as appropriate;

>

> Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222

> <http://www.legis.http://wwhttp://www.http://www.lehttp://www.leghtt> ,

>

> Â§ 5

>

> (i) Subsections ((4), ((5), ((6), and © do not apply

>

> if the actor was not given effective notice under Section 30.06.

>

> From: texasems-l@yahoogrotexasem [mailto:texasems-l@yahoogrotexasem] On

> Behalf Of Kenny

> Sent: Monday, July 07, 2008 5:47 PM

> To: texasems-l@yahoogrotexasem

> Subject: EMS carrying weapons.... Law found.

>

> Here is what I have found as far as Texas Weapon law is concerned.

> Fortunately, handguns, whether they are concealed or openly carried

> by EMS personnel isn't going to happen. [thank goodness]

>

> ============ ======== ======== ======== ======== ======== ======== ==

>

> 46.035 Unlawful carrying of handgun by license holder

>

> 411, Government Code, regardless of whether the handgun is concealed,

> on or about the

>

> license holder's person:

>

> (1) on the premises of a business that has a permit or license issued

> under Chapter

>

> 25, 28, 32, 69 or 74 Alcoholic Beverage Code, if the business derives

> 51

>

> percent or more of its income from the sale or service of alcoholic

> beverages

>

> for on premises consumption, as determined by the Texas Alcoholic

> Beverage

>

> Commission under Section 104.06, Alcoholic Beverage Code;

>

> (2) on the premises where a high school, collegiate or professional

> sporting event

>

> or interscholastic event is taking place unless the license holder is

> a participant

>

> in the event and a handgun is used in the event;

>

> (3) on the premises of a correctional facility;

>

> (4) on the premises of a hospital licensed under Chapter 241, Health

> and Safety

>

> Code, or on the premises of a nursing home licensed under Chapter 242,

>

> Health and Safety Code, unless the license holder has written

> authorization of

>

> the hospital or nursing home administration, as appropriate;

>

> (5) in an amusement park; or

>

> (6) on the premises of a church, synagogue or other established place

> of religious

>

> worship.

>

> © A license holder commits an offense if the license holder

> intentionally,

>

> knowingly, or recklessly carries a handgun under the authority of

> Subchapter H,

>

> Chapter 411, Government Code, regardless of whether the handgun is

> concealed,

>

> at any meeting of a governmental entity. Includes any level of state,

> county or

>

> local government.

>

> ------------ -------- -------- -------- -------- --------

> ----------

>

> Texas has no laws regarding possession of handguns, shotguns, or

> rifles by persons 18 years or older without felony convictions; a

> rifle, shotgun, or other long-barreled firearm may be carried openly,

> however a permit to carry is required for handguns (issued only to

> those 21 and older), and they must be concealed. Also, municipalities

> may not create their own gun control laws (preemption) m

>

> On March 27, 2007, Gov. Rick signed Senate Bill 378 into law,

> making Texas a " Castle Doctrine "

>

> state which came into effect September 1, 2007.

>

> [

> http://upload.http://uplhttp://upload.http://upload.<whttp://upload.ht

> tation.JPG ]

>

> A Castle Doctrine (also known as a Castle Law or a Defense of

> Habitation Law) is an American legal concept derived from English

> Common Law, which designates one's place of residence (or, in some

> states, any place legally occupied, such as one's car or place of

> work) as a place in which one enjoys protection from illegal

> trespassing and violent attack. It then goes on to give a person the

> legal right to use deadly force to defend that place

> (his/her " castle " ), and/or any other innocent persons legally inside

> it, from violent attack or an intrusion which may lead to violent

> attack. In a legal context, therefore, use of deadly force which

> actually results in death may be defended as justifiable homicide

> under the Castle Doctrine.

>

> Castle Doctrines are legislated by state, and not all states in the

> US have a Castle Doctrine. The term " Make My Day Law " comes from the

> landmark 1985 Colorado statute that protects people from any criminal

> charge or civil suit if they use force - including deadly force -

> against an invader of the home.[1] The law's nickname is a reference

> to the famous line uttered by Clint Eastwood's character Dirty Harry

> in the 1983 film Sudden Impact, " Go ahead, make my day " .

>

> This legal doctrine is often linked to the rights of homeowners to

> bear arms, as defined in the Second Amendment of the U.S.

> Constitution in the case of District of Columbia v. Heller.

>

> ------------ -------- -------- -------- -------- --------

> ----------

>

> Concealed Carry

> Concealed carry is allowed in Texas, provided the individual has a

> Texas-issued CCW permit or is permitted in a state with which Texas

> has a reciprocity agreement.

>

> The concealed handgun law sets out the eligibility criteria that must

> be met. For example, you must be qualified to purchase a handgun

> under the state and federal laws. Additionally, a number of factors

> may make you ineligible to obtain a license, including: felony

> convictions and some misdemeanor, including charges that resulted in

> probation or deferred adjudication, pending criminal charges,

> chemical or alcohol dependency, certain types of psychological

> diagnoses, protective or restraining orders, or defaults on taxes,

> governmental fees, student loans or child support.

>

> Texas also signed HB1815 a new bill that allows any Texas resident

> (21 or older) to carry a concealed handgun without a permit in the

> resident's car. Now, it simply isn't an offense to carry a gun in a

> vehicle, but with these three critical qualifiers: (1) the gun must

> be concealed; (2) the carrier cannot be involved in criminal

> activities; (3) the carrier cannot be a member of a criminal gang.

> The fourth rule isn't mentioned in the bill, but stands from laws on

> the books for a long time, and that is that no felon can carry or

> even be around a gun.

>

> ------------ -------- -------- -------- -------- --------

> ----------

>

> As far as who can carry weapons openly in the state of Texas, well

> that is an easy answer. If you have a current TCLOSE certification

> (a valid one) You can carry a weapon, providing that you are

> affiliated with a Law Enforcement Agency that is. [ correct me if I

> am wrong here Wes]

>

> ------------ -------- -------- -------- -------- --------

> ----------

>

> signed,

> Amon

>

> FieldMedic

> Austin, Texas

>

> Be Warned, my opinions are my own. They do not express the views,

> protocols, agendas or concerns of those for whom I work with or

> support. Once again, the words contained herein are strictly of my

> own opinions.

>

> " There is no darkness like that of IGNORANCE "

>

July 7, 2008

Actually the penal code was amended hospitals are not off limits unless

they are posted with 30.06 compliant signs.

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE

A license holder commits an offense if the license

holder intentionally, knowingly, or recklessly carries a handgun

under the authority of Subchapter H, Chapter 411, Government Code,

regardless of whether the handgun is concealed, on or about the

license holder's person:

(1-3 omitted)

(4) on the premises of a hospital licensed under

Chapter 241, Health and Safety Code, or on the premises of a nursing

home licensed under Chapter 242, Health and Safety Code, unless the

license holder has written authorization of the hospital or nursing

home administration, as appropriate;

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222

<http://www.legis.state.tx.us/tlodocs/80R/billtext/html/HB02300F.HTM> ,

§ 5

(i) Subsections ((4), ((5), ((6), and © do not apply

if the actor was not given effective notice under Section 30.06.

From: texasems-l [mailto:texasems-l ] On

Behalf Of Kenny

Sent: Monday, July 07, 2008 5:47 PM

To: texasems-l

Subject: EMS carrying weapons.... Law found.

Here is what I have found as far as Texas Weapon law is concerned.

Fortunately, handguns, whether they are concealed or openly carried

by EMS personnel isn't going to happen. [thank goodness]

=====================================================================

46.035 Unlawful carrying of handgun by license holder

411, Government Code, regardless of whether the handgun is concealed,

on or about the

license holder's person:

(1) on the premises of a business that has a permit or license issued

under Chapter

25, 28, 32, 69 or 74 Alcoholic Beverage Code, if the business derives

51

percent or more of its income from the sale or service of alcoholic

beverages

for on premises consumption, as determined by the Texas Alcoholic

Beverage

Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate or professional

sporting event

or interscholastic event is taking place unless the license holder is

a participant

in the event and a handgun is used in the event;

(3) on the premises of a correctional facility;

(4) on the premises of a hospital licensed under Chapter 241, Health

and Safety

Code, or on the premises of a nursing home licensed under Chapter 242,

Health and Safety Code, unless the license holder has written

authorization of

the hospital or nursing home administration, as appropriate;

(5) in an amusement park; or

(6) on the premises of a church, synagogue or other established place

of religious

worship.

intentionally,

knowingly, or recklessly carries a handgun under the authority of

Subchapter H,

Chapter 411, Government Code, regardless of whether the handgun is

concealed,

at any meeting of a governmental entity. Includes any level of state,

county or

local government.

----------------------------------------------------------