To commit an offense under 30.06 one must carry a handgun on the property of another
1. Without effective consent and
2. Received notice as defined in 30.06 that entry with a handgun was forbidden or that, if already on the property, that you failed to depart once notified that remaining on the property was forbidden.
Both elements are required for the 30.06 prohibition to be effectual.
If there is a 30.06 sign posted but the owner says "come on in with your concealed handgun" there is effective consent and both elements of 30.06 have not been met. If there is no 30.06 sign and the owner is known to be anti gun but he has not notified one correctly then both elements of 30.06 have not been met. (Notwithstanding other statutory prohibitions that may apply).
So if one has a letter from the owner or one operating with the authority of the owner giving one effective consent one would not be acting without effective consent and both elements of 30.06 would not have been met. A prosecutor would not then be able to prove a violation which requires both elements.
Tex
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- by thetexan
- Mon Dec 15, 2014 7:01 am
- Forum: General Texas CHL Discussion
- Topic: 30.06 and Written Permission Permitting Carry
- Replies: 28
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