Keith B wrote:Actually they are NOT committing a crime. They are only doing so if they have been given effective notice. So, take your example. If you enter a mall through an unposted entrance and have never seen the sign, then you have NOT been given notice and you have a defense to prosecution. Once you are given notice (verbally or via the 30.06 sign), THEN you would be committing a crime. The problem arises in the fact the mall IS posted per the letter of the law and you MAY have to defend your not being given notice and truly (not lying) state that you were unaware of the posting as you had never seen the sign.
Take Grapevine Mills mall. They have signs that are large but don't have the legal verbiage, and are not posted at every entrance. However, I have word direct from the Chief of GPD that an officer MAY arrest you for carrying in the mall if you are discovered, legal or not. At that point you would have to plead your case that you had never received notice (not seen the sign or known the mall was posted) or take the defense of the signs not meeting the legal requirement.
I'll just add that I was talking with a Grapevine officer several weeks ago at a dealership and he told me the same and added to the off limits areas: If you are caught carrying at one of the Grapevine Lake parks, they will arrest you there too for carry on Federal property and "hand you over" to authorities. I asked who they would turn you over to and he wasn't exactly sure. He said that the majority of "city" parks are actually on Corp property.
