CHL restriction question

Discussion in 'Texas Concealed Handgun (CHL)' started by Buckles, Dec 15, 2009.

  1. Buckles

    Buckles Active Member

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    Cypress, TX
    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.
     


  2. martywj

    martywj New Member

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    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.
     
  3. Skip

    Skip TGT Addict

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    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?
     
  4. DCortez

    DCortez TGT Addict

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    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.
     
  5. TXCleaver

    TXCleaver Member

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    Dec 5, 2009
    Austin
    +1
     
  6. Texas42

    Texas42 TGT Addict

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    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.
     
  7. majormadmax

    majormadmax TGT Addict

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    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
     
  8. DoubleActionCHL

    DoubleActionCHL Well-Known

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    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.
     
  9. Texas42

    Texas42 TGT Addict

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    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.
     
  10. thorkyl

    thorkyl Active Member

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    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.
     

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