APOD Firearms

Improper "No Guns" Sign

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  • karlac

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    Yes, much better. I've only been carrying for about 8 months, and have decided that when in doubt, or when there is confusing signage, I will not give that business my cash. Someone also mentioned earlier that the gunbuster sign might very well be a nod and a wink to let CHL'ers know they're welcome but their gunbuster sign is just to appease the anti-gunners crowd. . . since it's impossible for me to truly know their intent, and they may very well be anti-gunners, without the sense to post the correct sign, I will not give them my business either.

    That's where we differ, on most retail establishments I just ignore those and carry on, with perhaps a bit of extra caution that there is no visible reason on my part for someone to make the MWAG call, which should be a given with a responsible carry in the first place.

    What I don't ignore as a rule, and this is a personal decision, are the "unlawfully" posted, but otherwise correct 30.06 signs that some municipalities plaster everywhere. On those, while you can beat the rap, but maybe not the ride, it is simply not worth my time and expense to take the chance.

    Another infringement on my right to exercise a 2A right.

    YMMV...
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    dwsintxs

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    That's where we differ, on most retail establishments I just ignore those and carry on, with perhaps a bit of extra caution that there is no visible reason on my part for someone to make the MWAG call, which should be a given with a responsible carry in the first place.

    What I don't ignore as a rule, and this is a personal decision, are the "unlawfully" posted, but otherwise correct 30.06 signs that some municipalities plaster everywhere. On those, while you can beat the rap, but maybe not the ride, it is simply not worth my time and expense to take the chance.

    Another infringement on my right to exercise a 2A right.

    YMMV...

    Good point!

    I think it would be interesting to see a thread concerning just how many CHL'ers out there have 'beaten the rap' but have had to 'take the ride' . . . Do LEO's always make those arrests? Or do they issue a verbal warnings and say 'git along little doggie!' ?
     

    karlac

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    You guys worry too much about the signs.

    It is pretty simple to tell if drinking happens on the premises.

    If that is the case, then someone has spent a helluva lot of effort codifying (Section 411.204) specific signage as "effective notice", lack thereof a defense to prosecution on this particular issue last time I looked, for nothing, eh?

    Unless that has been changed?
     

    Booyah

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    ...(Section 411.204) specific signage as "effective notice", lack thereof a defense to prosecution on this particular issue last time I looked...

    Can you show me where it says that a violation of 411.204, by a property owner/manager, is a defense to prosecution, by a license holder, under section 30.06?
     

    karlac

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    30.06 was not being discussed in what you quoted, but look in PC 46.035.

    PENAL CODE CHAPTER 46. WEAPONS

    Edit: Obviously I've got strong personal opinions on signage implementation, but that's all they are, my opinions. TXI is the goto for factual info.
     
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    Booyah

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    30.06 was not being discussed in what you quoted...

    That is exactly why I posted what I did, 30.06 should have been the section discussed not 411.204. Let me clarify what it is I am thinking because I honestly am not just trying to be argumentative. I have seen some recent comments in this thread, citing 411.204, that give the impression that if a hospital is not strictly posted at every entrance that "notice" has not been given...and the law simply does not say that. My comments were strictly in relation to hospitals and not other locations, I'm sorry for not making that clear.

    Section 46.035 (b)(4) makes it a violation to carry at a hospital and 46.035 (i) (added later) says that 46.035 (b)(4) does not apply if the actor was not given effective notice under 30.06. There is no mention of 411.204 in the penal code as it applies to "effective notice" at hospitals. That is the reason for my question/comment. I don't want someone to think they are "good to go" just because a hospital is not strictly posted at every entrance. A proper 30.06 sign posted on the property of a hospital is still considered effective notice, even if it is not at every entrance...according to my reading so far.

    Locations other than a hospital can be a different story though...depending.
     

    karlac

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    That is exactly why I posted what I did, 30.06 should have been the section discussed not 411.204. Let me clarify what it is I am thinking because I honestly am not just trying to be argumentative.

    No problem. Source of confusion might be just a linear mode thread problem where, without a quote, it is difficult to tell if there is a sub thread?

    dwsintxs started a sub thread about the sign below, where 411.204, is indeed applicable to those signs, and that's what he and I were mostly responding back and forth to. Make sense?

    That's also why I included, in the phrase that you quoted: "...on this particular issue" ;)

    conflicting signage 20140801_134952.jpg
     
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