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Valid 30.06 Sign?

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  • _matt

    New Member
    Rating - 0%
    0   0   0
    Apr 24, 2014
    12
    1
    Houston / Galveston
    You can sit here and argue opinions of what you should or should not do, or you can read this from the Texas DPS website and make your own big boy/girl decision. If in doubt call Texas DPS or a lawyer. The bottom line for my personal decision is if they are not posting within the guidance of the law then it is a "request," and you are not breaking the law. How can they file charges against you for breaking the law if they are not in accordance with the law?

    PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
    CONCEALED HANDGUN. (a) A license holder commits an offense if the
    license holder:
    (1) carries a handgun under the authority of Subchapter H, Chapter
    411, Government Code, on property of another without effective consent;
    and
    (2) received notice that:
    (A) entry on t he property by a l icense holder with a concealed
    handgun was forbidden; or
    (B) remaining on t he 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:
    (1) “Entry” has the meaning assigned by Section 30.05(b).
    (2) “License holder” has the meaning assigned by Section 46.035(f).
    (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.
    (e) It is an exception to the application of this section that the property
    on which the license holder carries a handgun is owned or leased by a
    governmental entity and is not a premises or other place on which the
    license holder is prohibited from carrying the handgun under Section
    46.03 or 46.035.
    DK Firearms
     

    Odiferous

    Active Member
    Rating - 0%
    0   0   0
    Apr 26, 2011
    688
    31
    Evans, Georgia
    According to the law...I wouldn't be trespassing (because of the invalid sign...NOT legal notice) unless someone discovered that I was armed - at THAT point, an employee or manager MUST ask or order me to leave the premises, which IS legal notice. Written Notice: No. Oral Notice: Yes.

    If I refuse to leave, or make a scene, then the manager can call the police and I can be detained/arrested/charged etc.
     

    Mreed911

    TGT Addict
    BANNED!!!
    Rating - 100%
    28   0   0
    Apr 18, 2013
    7,315
    21
    Austin, TX
    Unless, of course, they construe "other document" to include an otherwise invalid sign with the valid wording for an "other document." You can define "provides notice to" lots of ways. Much cheaper to just not spend money there than fight a charge.
     
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