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by Bladed
Tue Nov 11, 2014 2:39 pm
Forum: 2015 Legislative Session
Topic: Open Carry Bills 2015
Replies: 64
Views: 12325

Re: Open Carry Bills 2015

mojo84 wrote:How about a separate sign similar in size and wording for OC? If both open and concealed carry are to be banned then it takes two big ugly signs? Honors property rights and makes it somewhat less aesthetically attractive to ban guns completely.
That's exactly what HB 164 would do, but such a provision is unlikely to pass. The Texas Legislature supports property rights at least as much as they support gun rights; therefore, I have a hard time imagining them requiring property owners to post TWO big ugly signs in order to prohibit guns on private property.
by Bladed
Tue Nov 11, 2014 12:50 pm
Forum: 2015 Legislative Session
Topic: Open Carry Bills 2015
Replies: 64
Views: 12325

Re: Open Carry Bills 2015

sbrawley wrote:In the event a 30.07 sign is created, I see a comprisable position for businesses.
30.07 will replace most posted 30.06 signs. Take on an ''out of sight, out of mind" philosophy. Although the anti's will continue to whine because that is what they live for, the majority of carriers will be more accepting knowing that they will still be allowed to carry and since the majority claim that they probably won't OC anyway, it's a win-win.
If a business does happen to post both signs, then everyone will know where they truly stand with firearms.
I don't see this happening. The legislature is highly unlikely to require shop owners who want to ban all guns to post 8+ square feet of signage. The only way we're likely to end up with two different signage requirements is if open carry has either no signage requirement or a very loose signage requirement (e.g., "at least 3 inches in diameter").
by Bladed
Tue Nov 11, 2014 12:46 pm
Forum: 2015 Legislative Session
Topic: Open Carry Bills 2015
Replies: 64
Views: 12325

Re: Open Carry Bills 2015

G.A. Heath wrote:
locke_n_load wrote:
G.A. Heath wrote:
locke_n_load wrote:
G.A. Heath wrote:In regards to unlicensed (aka Constitutional) Carry there are many who think there are not the votes in the legislature for it. There is a lot of belief that there are enough votes to pass licensed OC. So the question is do you want legal OC of modern firearms or do you want to demand unlicensed carry?

How about instead of touching 30.06 lets leave it and 30.05 alone and let any sign ban OC and a 30.06 ban licensed CC?
There would be no point to passing any bill in that case.
How so? It would be progress and would not cause many, if any, new 30.06 signs. If 30.06 is tied to OC it will cause more postings of 30.06. If you have separate signs then if a business bans OC with a gun busters sign licensed CC is still legal there unless they post 30.06. This also allows property owners the choice of banning one but not other or both together. This actually makes it easier to legislators in order to get their vote.
Be progress? Gunbuster signs are everywhere! I understand that OC and CC should not be tied as far as signage goes, agreed. But if any old sign bans OC, there would basically be no point of trying to OC unless you were going for a walk down the street and back.
The problem is if they have a gun busters sign already and you OC into a business then tell them their sign means nothing they will probably still call the police on you. Then you will face an arrest, with a defense to prosecution, or law enforcement informing the business that they need a specific sign which they will then post. Perhaps it would be better to convince property owners not to ban carry than try to sneak one past them once before they catch on and get mad?
Agreed. The reality of open carry is that you're not going to be able to do it in businesses where the owners don't want you to do it. If they'll post a gunbuster sign, they'll most likely tell anyone who carries past the sign to take his or her gun outside. If they keep having to tell people to take their guns outside, they'll post a 30.06 or 30.07 or whatever sign is required. OC activists need to quit operating under the assumption that they're going to be able to force open carry on or sneak open carry past unwilling shop owners--it's not going to happen.
by Bladed
Mon Nov 10, 2014 2:53 pm
Forum: 2015 Legislative Session
Topic: Open Carry Bills 2015
Replies: 64
Views: 12325

Re: Open Carry Bills 2015

ShepherdTX wrote:I was reading through HB 106 and I have a huge concern about the changes to 30.06

It looks like they stripped out this
[(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.]
And replaced it with this:
(b) For purposes of Subsection (a) [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 communication or written communication that must
consist of:
(1) a card or other document on which is written
language indicating that pursuant to Section 30.06, Penal Code
(trespass by holder of license to carry a concealed or unconcealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code, may not enter the property with a concealed
handgun or with any handgun, whether concealed or not, as
applicable;
(2) a sign posted on the property that:
(A) includes the language described by
Subdivision (1) of this subsection in both English and Spanish;
(B) appears in contrasting colors with block
letters at least one inch in height; and
(C) is displayed in a conspicuous manner clearly
visible to the public.
I read that as someone can put up a gunbuster sign that simply says, "No guns per 30.06"
I am concerned that it appears to take away the specific wording that clearly lets us know we can't carry.
Yes, I interpreted it the same way. I think this may be the type of more-harm-than-good bill that Charles was saying NRA will not let pass without amendments.
by Bladed
Mon Nov 10, 2014 2:48 pm
Forum: 2015 Legislative Session
Topic: Open Carry Bills 2015
Replies: 64
Views: 12325

Re: Open Carry Bills 2015

At first blush, it looks to me as though both HB 106 by Rep. Flynn and HB 164 by Rep. White create issues regarding signage. Again, I've just glanced at these bills, but it looks to me as though HB 106 would incorporate open carry into PC Sec. 30.06, meaning that businesses that want to prohibit open carry would also have to prohibit concealed carry, and HB 164 creates a separate signage requirement (PC Sec. 30.07) for open carry, meaning that businesses that want to prohibit both open and concealed carry would have to post two large signs (this is highly unlikely to pass).

Unless I'm missing something, HB 195 by Rep. Stickland wisely leaves the signage requirements alone.

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