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TX: Benbrook Police Chief opts for Controversial 30.06, 30.07 Signs
Gun Watch ^ | 7 February, 2016 | Dean Weingarten

Posted on 02/09/2016 4:46:07 AM PST by marktwain


In January of 2016, on the first day of the restoration of some open carry rights in Texas, I stood in front of the Benbrook Police Station, looking at the recently placed 30.06 and 30.07 signs.

I noticed that the signs were not of the required dimensions, so they are likely not enforceable in a court of law.  But police, like fire in the quote attributed to President Washington,  (employed in various forms since the 1500's) are "dangerous servants and a fearful master".  I tread lightly around police, just as I do around high explosives or high powered machinery.  All are extremely useful, and all desire proper care, caution, respect, and safeguards.

A couple of days later, sans Glock and holster, I entered the department to determine the origin of the signs, and the reasons for their obviously recent emplacement.  I talked to an agreeable Sargent.  The public relations officer had just retired.  The Sargent very kindly gave me the police chief's email, suggesting that such policies were above his pay grade.

I contacted Chief James Mills, and asked him who made the decision to erect the signs, and what was the purpose and expected benefit? 

Chief Mills was kind enough to reply.  He said that the foyer of the police office is also the waiting area for the Municipal Court.  Here is the paragraph about the decision to post the signs:

It was my decision to post the 30.06 and 30.07 signs. There was nothing controversial about the decision, as state law already prohibited the carrying of firearms onto this premises. The signs were simply a measure to ensure license holders are aware they are entering the premises of a government court. Of course, the desired benefit would be compliance with state law. I hope this helps with your article. Thank you for your kind words about Sgt. Gray. I will make sure to pass it along.
James Mills, Chief of Police
Benbrook Police Department
1080 Mercedes Benbrook, Texas 76126

I was skeptical of Chief Mills decision.  I see nothing in state law that requires him to post the signs, nor do I see any benefit, as I do not see any state law being broken by the presence of legally armed citizens in the police foyer.  Before the  open carry law, no 30.06 sign was posted. It appears that the Attorney General of Texas, Ken Paxton, agrees with me. From abajournal.com:
Rather than simply the area bounded by the courthouse walls, Paxton’s view of what premises include means “that people with a license to carry should be able to go into [the] courthouse in non-essential areas,” Shannon Edmonds, who serves as director of governmental relations at the Texas District and County Attorneys Association, told the station. “I think most counties don’t read the law that way, but some of them are taking steps to comply with the opinion, even if they don’t agree with it, because they don’t want to get sued.”
In September, the state legislature authorized the AG to sue government entities that ban firearms improperly in their buildings, and it appears from Paxton’s views on the definition of courthouse premises that they could potentially be subjects of enforcement, the article explains. The attorney general’s homepage has a prominent link for citizens to report government entities which may be unlawfully prohibiting concealed firearms.
The Benbrook police department has not been listed among those who have had complaints filed against them with AG Paxton, at least not yet.  But I will not be surprised if I find them on such a list, eventually.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.


TOPICS: Government; Politics; Society
KEYWORDS: banglist; benbrook; ccw; opencarry; texas; tx
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Texas has implemented a program for people to complain when government entities illegally post "no gun" signs.

Fines are authorized up to $10,000 a day.

Benbrook was not on the list, last I noticed.

1 posted on 02/09/2016 4:46:07 AM PST by marktwain
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To: Blue Jays

One wonders what the signs SPECIFICALLY say to the reader?

2 posted on 02/09/2016 4:54:27 AM PST by Blue Jays (Rock Hard, Ride Free)
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To: marktwain
I live VERY close to the Benbrook PD station. Very interested to see how this comes out.
3 posted on 02/09/2016 5:01:18 AM PST by PushinTin (Politicians are like diapers, they need to be changed often and for the same reason...)
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To: marktwain

Slightly OT, but whoever in the Texas legislature chose to call them “30.06” signs has a devilishly apropos sense of humor.

CC


4 posted on 02/09/2016 5:01:40 AM PST by Celtic Conservative (CC: purveyor of cryptic, snarky posts since December, 2000..)
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To: Celtic Conservative

Slightly OT, but whoever in the Texas legislature chose to call them “30.06” signs has a devilishly apropos sense of humor.


Ironic, indeed. The 30-aught-6 rule.


5 posted on 02/09/2016 5:05:24 AM PST by Flick Lives (One should not attend even the end of the world without a good breakfast. -- Heinlein)
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To: marktwain

According to Texas Penal Code 46.03 (a)(3) , it is illegal to carry in any government court or office utilized by the court. If it is illegal to carry in the police station waiting room because the area is shared by the court, just simple post that. Don’t abuse the trespass section of the code.


6 posted on 02/09/2016 5:09:16 AM PST by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: Blue Jays
30.06 (Concealed Carry):

30.07 (Open Carry):


7 posted on 02/09/2016 5:19:35 AM PST by ExGeeEye (Mohammed was a war mongering pedophile rapist who started a Satanic death cult. Arrest me, Lynch.)
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To: PushinTin; marktwain
I live VERY close to the Benbrook PD station.

Me too. Howdy neighbor. :)

I am not a member, but there is a forum "TexasCHLforum", who's members are very active in pursuing illegally posted signage.

8 posted on 02/09/2016 5:51:07 AM PST by Envisioning (4.13.15 - That awkward moment in history when 53 million racists became sexists...)
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To: marktwain

30.06 signs and their equivalent in other states are worthless unless enforced with a metal detector or pat downs. There is a pending bill in Arizona that would prohibit the state from disarming permit holders in (state) government buildings unless everyone entering is subject to a weapons screening.


9 posted on 02/09/2016 6:21:45 AM PST by barefoot_hiker
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To: marktwain

I’m a Texas municipal court judge. Like many small municipalities, We hold court in city council chambers. The prohibition on OC in court only applies while the area is actually being used as a court, so these signs are, IMHO, inappropriate at best.


10 posted on 02/09/2016 6:23:25 AM PST by jagusafr
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To: barefoot_hiker

Curiosity does the law apply to law enforcement personnel or are they exempt?


11 posted on 02/09/2016 6:26:56 AM PST by Nailbiter
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To: jagusafr

Are you a judge in more than one municipality?


12 posted on 02/09/2016 7:10:55 AM PST by Dalberg-Acton
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To: ExGeeEye

Thanks, ExGeeEye

13 posted on 02/09/2016 7:17:40 AM PST by Blue Jays (Rock Hard, Ride Free)
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To: Dalberg-Acton

Yes - associate judge in a second municipality.


14 posted on 02/09/2016 8:11:24 AM PST by jagusafr
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To: Blue Jays
"One wonders what the signs SPECIFICALLY say to the reader?"

~~~~~~~~~~~~

Since "one" is too lazy to look it up for itself:

(The letters are specified by law to be a minimum of 1" high -- so the Benbrook PD notices in the article's photo are legally worthless...)

15 posted on 02/09/2016 12:09:29 PM PST by TXnMA ("Allah: Satan's current alias. "Obama": Allah's current ally...)
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To: Nailbiter

Read the signs posted here (twice).


16 posted on 02/09/2016 12:12:34 PM PST by TXnMA ("Allah: Satan's current alias. "Obama": Allah's current ally...)
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To: TXnMA

"...Since 'one' is too lazy to look it up for itself..."

INCORRECT
17 posted on 02/09/2016 12:30:41 PM PST by Blue Jays (Rock Hard, Ride Free)
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To: ExGeeEye
how do you get a handgun license if you can't SPEAK ENGLISH???
18 posted on 02/09/2016 2:45:58 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY - Luke, 22:36)
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To: TXnMA

I read the signs- I was curious about law enforcement - I do not see them listed- are they not licensed like normal serfs


19 posted on 02/09/2016 8:39:19 PM PST by Nailbiter
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To: Nailbiter
LEOs and (reportedly) Judges are in a special, exempt class of their own...

Haven't checked on legislators -- but they usually take care of themselves, first of all...

IOW, TX legislative politics ain't any purtier than anywhere else humans accumulate...

20 posted on 02/10/2016 6:04:09 AM PST by TXnMA ("Allah: Satan's current alias. "Obama": Allah's current ally...)
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