CHL restriction question

[Buckles]

I was at the mall today with my girlfriend and happened to notice something on the way out. At the door there is a sign that says "Code of Conduct" and it has a list of prohibited things on it. At the bottom it says "No firearms or illegal weapons," "Violators will be asked to leave, if you refuse, you will be arrested." There was no 30.06 sign at the entrance.

My question is can they legal throw you out or have you arrested for carrying, even if there is no 30.06 sign? probably a dumb question but im still getting acquainted with all the CHL laws.

 

[martywj]

I think the keyword here is "illegal"? If you have been issued a CHL you are not "illegal", you are licensed by the state to carry a weapon. Especially in the absence of 30.06 signage. Others can chime in here if I am wrong.

 

[Skip]

I'll take a stab, The sentence "No firearms or illegal weapons," refers to two different things. The Firearms being one, and illegal weapons such as illegal knives, clubs, explosive devices, are the second. You can be asked to leave a place that is not posted 30-06, if you refuse, it will be trespassing, and not "carrying" you would be in trouble for. Correct?

 

[DCortez]

If I was doing something illegal and asked to leave, I'd be happy they didn't have me arrested, lol. However, I would think you can be asked to leave private property for any reason. Legally carrying is legal.

 

[TXCleaver]

I'll take a stab, The sentence "No firearms or illegal weapons," refers to two different things. The Firearms being one, and illegal weapons such as illegal knives, clubs, explosive devices, are the second. You can be asked to leave a place that is not posted 30-06, if you refuse, it will be trespassing, and not "carrying" you would be in trouble for. Correct?

+1

 

[Texas42]

I don't believe that sign is giving you effective, legal notice.

If they tell you, or give you card prohibiting CHLer's, they are giving you, effective notice that they don't want you on their property, then you must leave.

A sign that isn't a legal 30-06 sign, is not a legal sign. (kind of redundant. . .)
.
IMHO this sign would not legally keep you from carrying there unless they physically told you (and why would they know, it is called concealed for a reason). That being said, if they don't want your money, why give it to them.

 

[majormadmax]

That's the distinction, by Texas law that sign is not sufficient to keep you from legally carrying on the property; however, if asked to leave that is grounds for arrest if you fail to comply. I have seen numerous signs that were not compliant with the 30.06 requirements and quitely continue on with my business...I think it would only become an issue if 1) the owners of the property found out and confronted me about it, or 2) an incident would occur and I used my firearm to defend myself or my family. Then I would be more than willing to defend myself in court as I would be alive to do so...

Cheers! M2

 

[DoubleActionCHL]

Effective notice under 30.06 is required to prevent you from carrying on most private property. Signs that do not comply have no effect on you as a CHL holder. Verbal notification is considered effective notice. You do NOT have to ask for permission. Keep your mouth shut. Keep your weapon concealed. You'll be fine.

 

[Texas42]

That's the distinction, by Texas law that sign is not sufficient to keep you from legally carrying on the property; however, if asked to leave that is grounds for arrest if you fail to comply. I have seen numerous signs that were not compliant with the 30.06 requirements and quitely continue on with my business...I think it would only become an issue if 1) the owners of the property found out and confronted me about it, or 2) an incident would occur and I used my firearm to defend myself or my family. Then I would be more than willing to defend myself in court as I would be alive to do so...

Cheers! M2

But it wouldn't be an issue. If the owner, either because of an accident or an event requireing you to use your gun happened, you were not carrying illegally. Sure it might make the landowner angry to find out, but that isn't against the law. As long as you leave when they ask you to, you aren't breaking any laws.

 

[thorkyl]

PC 130.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN.
(a) A license holder commits an offense if
the license holder:
...
(2) received notice that:
(A) entry on the property by a license holder with a concealed
handgun was forbidden; or
(B) remaining on the property with a concealed handgun was
forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the
owner of the property or someone with apparent authority to act for the
owner provides notice to the person by oral or written communication.
(c) In this section:
...
(3) "Written communication" means:

(A) a card or other document on which is written language
identical to the following: "Pursuant to Section 30.06, Penal Code
(trespass by holder of license to carry a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (concealed
handgun law), may not enter this property with a concealed
handgun"; or

(B) a sign posted on the property that:
...(i) includes the language described by Paragraph (A) in both English and Spanish;
...(ii) appears in contrasting colors with block letters at least one inch in height; and
...(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.

 

[thorkyl]

As a side note to this...

Yes they can, just like I can have you arrested for failing to carry a concealed weapon on my land if you refuse to leave. The charge is tresspass nothing more

My small company (all three of my personalities) and 3 other employees abide by the rule. Its a condition of employment that they carry at all times when on company business unless the location they are going to prohibits it.

 

[navyguy]

Effective notice under 30.06 is required to prevent you from carrying on most private property. Signs that do not comply have no effect on you as a CHL holder. Verbal notification is considered effective notice. You do NOT have to ask for permission. Keep your mouth shut. Keep your weapon concealed. You'll be fine.

That is what I remember from my CHL class.

My wife gets her nails done at a shop where they have one of those signs with a picture of a gun, with the diagonal line through it and some sort of "no guns allowed" wording. If it were he first time in the shop, and the subject never came up, she could legelly enter while carrying. However, during one of her visits, she questioned the owner about the sign, and was told they do not want people carrying guns in their business. Therefore, she can not legally enter if carrying.

 

[DoubleActionCHL]

That is what I remember from my CHL class.

My wife gets her nails done at a shop where they have one of those signs with a picture of a gun, with the diagonal line through it and some sort of "no guns allowed" wording. If it were he first time in the shop, and the subject never came up, she could legelly enter while carrying. However, during one of her visits, she questioned the owner about the sign, and was told they do not want people carrying guns in their business. Therefore, she can not legally enter if carrying.

That'll teach her to keep her mouth shut!!!

 

[thorkyl]

I think its time to teach the nail shop a lesson next time she is there.
Have her ask about licensed CHL holders. If they say no guns at all have her tell them that its a shame that she has to find a new place to get it done at now.

 

[Willy]

As said above. Only the 30.06 sign can legally keep you out. If someone representing the owner of the place asks you to leave. You must leave. Don't ask, don't tell, do carry.

 

[jordanmills]

As a side note to this...

Yes they can, just like I can have you arrested for failing to carry a concealed weapon on my land if you refuse to leave. The charge is tresspass nothing more

My small company (all three of my personalities) and 3 other employees abide by the rule. Its a condition of employment that they carry at all times when on company business unless the location they are going to prohibits it.

Gosh, I want to work for you.

 

[navyguy]

That'll teach her to keep her mouth shut!!!

Ha, good luck with that.

 

[DCortez]

Ha, good luck with that.

 

[APatriot]

I think the keyword here is "illegal"? If you have been issued a CHL you are not "illegal", you are licensed by the state to carry a weapon. Especially in the absence of 30.06 signage. Others can chime in here if I am wrong.

You are absolutely correct. If no 30.06, any other sign or language does not apply to us (i.e., licensees).

Once again, I am amazed at times the lack of understanding of legal issues by CHL holders.

 

[APatriot]

Effective notice under 30.06 is required to prevent you from carrying on most private property. Signs that do not comply have no effect on you as a CHL holder. Verbal notification is considered effective notice. You do NOT have to ask for permission. Keep your mouth shut. Keep your weapon concealed. You'll be fine.

+1