By John Edeen, MD
[Editor’s Note: After our publication of Dr. Edeen’s article “A Tale of Two Shootings” some readers wrote in, stating that Dr. Edeen was incorrect and not up to date regarding the carrying of concealed handguns into hospitals in Texas. Below, is Dr. Edeen’s collective response.]
John Edeen, MD, (h/t Second Amendment Foundation)
I would like to respond to several emails that correctly point out that since 2007, the concealed handgun license law in Texas was changed to provide a defense of possession of a firearm in prohibited areas, if the proper Penal Code 30.06 signs were not posted at all entrances. It is true that this protects the individual Concealed Handgun License holder from a Class A misdemeanor charge.
However, Texas Government Code Section 411.204(b) requires hospitals licensed under Chapter 241, Health and Safety Code “…shall prominently display at each entrance to the hospital…a sign that complies with subsection (c)…that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises.” Penal Code Section 46.035(b)4 prohibits a Concealed License Holder from carrying a handgun…”on the premises of a hospital licensed under Chapter 241, Health and Safety Code,…unless the license holder has written authorization of the hospital administration…”.
Prior to writing this and other articles, I checked with the attorneys at Texas Law Shield, a private legal services company for gun owners. I asked them if the statute required hospitals to post the appropriate signage. They responded that it did. So, if your hospital is not properly posted, they are in violation of GC 411.204(b). You are protected by the 2007 amendment.
There is currently a bill (SB311), introduced by Senator Donna Campbell, MD, which will strike hospitals and nursing homes as well as several other locations from the list of prohibited areas. HB695, introduced by State representative Drew Springer would require hospitals to post armed security at all entrances to the hospital if they post the 30.06 signs.
If either of these bills becomes law, it should end this argument once and for all.
—Dr. John Edeen is a pediatric orthopedic surgeon in San Antonio, TX and is active in seeking the right to carry for qualified hospital staff.