Gotcha, Since the stores are not posted you can legally carry there and if you wanted to go to another store you could go back outside and walk around to it. Since you never entered the mall I see no problem here.
I rarely go to the mall anyway and when I do I just go to Sears or JC Penny and leave.
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Return to “Is this sign legally posted?”
- Thu Jun 13, 2013 10:46 am
- Forum: General Texas CHL Discussion
- Topic: Is this sign legally posted?
- Replies: 32
- Views: 4442
- Thu Jun 13, 2013 9:55 am
- Forum: General Texas CHL Discussion
- Topic: Is this sign legally posted?
- Replies: 32
- Views: 4442
Re: Is this sign legally posted?
I know they don't have to post the sign at all then entrances but they should knowing out of 20+ public entrances and only 3 are posted. My argument is that someone who NEVER enters through the posted entrances and carrys cause they saw no sign. They are committing a crime that could land them in jail plus lose their CHL and are not aware of it. IMO the mall could be held responsible for that.Keith B wrote: No they don't. The law does not state it has to be at every entrance. It only states it must be conspicuously displayed.
Bottom line, if it is where you see it, then you have been given notice, period. If you have not seen the sign then you may have a defense to prosecution, but bottom line, one sign on the mall is all that is legally required. Once you have seen it you have been given legal notice, no matter what entrance you go in.
If I was ever caught carrying they only words out of my mouth would be..."I saw no sign, I want my lawyer" Not another word would be said.
- Thu Jun 13, 2013 9:35 am
- Forum: General Texas CHL Discussion
- Topic: Is this sign legally posted?
- Replies: 32
- Views: 4442
Re: Is this sign legally posted?
That is up to the mods and admins rotten. My Chl instructor brought up this very subject on the Longview mall. He said he carrys every time he goes in there.
- Thu Jun 13, 2013 8:34 am
- Forum: General Texas CHL Discussion
- Topic: Is this sign legally posted?
- Replies: 32
- Views: 4442
Re: Is this sign legally posted?
IMO its not conspicuously displayed. If I cannot see it from the parking lot or when I enter the store or later when I enter the mall from said store then Im going to take my chances. If they want to truly ban CC in that mall part only then they would have to post the 30.06 outside EVERY store with a outside public entrance. Until they do that I will continue to carry all 2 times per year I go to the mall.Keith B wrote:[
Seriously, all the law says is it must be conspicuously displayed. Doesn't have to be on the all the doors/entrances or in the line of sight if it meets the definition of conspicuous, which is:
If it is easily seen or noticed, then it meets the legal requirements. And as stated, if you see it you have been given notice.con·spic·u·ous/kənˈspɪkyuəs/ Show Spelled [kuhn-spik-yoo-uhs] Show IPA
adjective
1. easily seen or noticed; readily visible or observable: a conspicuous error
2. attracting special attention, as by outstanding qualities or eccentricities: He was conspicuous by his booming laughter.
- Thu Jun 13, 2013 7:15 am
- Forum: General Texas CHL Discussion
- Topic: Is this sign legally posted?
- Replies: 32
- Views: 4442
Re: Is this sign legally posted?
It would cost alot of money to hire attorneys to prove your innocence also. I wish they would add to the law about posting the 30.06. This should be added....Sign must be posted at any and all public entrances. That would clear up the grey area for the mall.SQLGeek wrote:
Which is a Class A misdemeanor with up to a year in jail and the loss of your CHL. Everybody has to make his or her own decision but that's a fireball I'd rather not play with.
- Thu Jun 13, 2013 7:00 am
- Forum: General Texas CHL Discussion
- Topic: Is this sign legally posted?
- Replies: 32
- Views: 4442
Re: Is this sign legally posted?
The 30.06 is valid but its only posted on the 3 main mall entrances, not the stores. You can legally carry into Sears for example but you cannot enter the mall.
This is the grey area, if someone from out of town with a CHL entered through a store and later entered the mall they would see no 30.06 sign thus they would be carrying. IMO the sign does not conform to the law of "the sign must be posted in a conspicuous manner clearly visible to the public. Its not visible when I enter through Sears cause the nearest posted entrance is 150 yards away around the corner.
I carry everytime I go in the Longview mall, just make sure its concealed well and enter through a store.
If you do carry be aware worst case you could get arrested and be charged with criminal trespass by a CHL holder. This is your choice but if you do carry and get caught do not admit that you knew it was posted, play dumb.
This is the grey area, if someone from out of town with a CHL entered through a store and later entered the mall they would see no 30.06 sign thus they would be carrying. IMO the sign does not conform to the law of "the sign must be posted in a conspicuous manner clearly visible to the public. Its not visible when I enter through Sears cause the nearest posted entrance is 150 yards away around the corner.
I carry everytime I go in the Longview mall, just make sure its concealed well and enter through a store.
If you do carry be aware worst case you could get arrested and be charged with criminal trespass by a CHL holder. This is your choice but if you do carry and get caught do not admit that you knew it was posted, play dumb.