TexasCHLforum.com

Scott Farkus wrote: ...my preferred fix, which I've argued for many times here separate and apart from OC, is to remove the ability of a business open to the public to exclude licensed concealed carriers. Given that that is essentially a political impossibility at this point, I would settle for elimination of the 30.06 sign and a requirement that a business owner must orally request a concealed handgun carrier to leave the premises, with penalties only applicable if the licensed carrier refuses. If we're going to allow ourselves to be discriminated against, I want that business owner to have to look us in the eye when they turn down our business.

I'm still sorting out the OC arguments in my mind, but right now I think I'm OK keeping the 30.07 sign, or even giving a gunbuster sign the status of legal notice with respect to open carry, with the current penalty structure in place (Class C if you carry past a sign, Class A if you refuse to leave when asked).

I like it, but only if signs no longer have the force of law and the owner or someone with apparent authority for the owner must give oral notification each time. One oral notification being a permanent bar seems excessive to me, but then again, I'm not a business owner nor have I had to deal with someone habitually trespassing on my property.

The only way to fix this, if you want "businesses to abide by the law" is to remove the oral notification from both 30.06 and 30.07. That would force businesses to comply with the intent of the law and having a proper sign. The problem with removing oral notification is, unless there is a proper sign and you are carrying a handgun under authority of GC 411, there is no way at that point for the police to do anything. No crime has been committed as you aren't criminally trespassing if you haven't received notification per the statue and the police cannot physically remove you from the location as you would be protected from PC 30.05 based on the way it is written.

So, until this is "fixed" any sign that communicates that guns are not welcomed in the business means concealed carry, unless there is a properly posted 30.06 sign, in which case you should disarm or avoid the business entirely.

I'm disappointed that businesses will get away with posting non-legally binding signs and calling the police because THEY don't want to give verbal notice, effectively making the police their armed messengers, but there isn't much can be done about it until the 2017 legislative session.