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by MoJo
Sun Dec 16, 2012 4:09 pm
Forum: General Texas CHL Discussion
Topic: Legality of 30:06 Signs
Replies: 21
Views: 4956

Re: Legality of 30:06 Signs

scottmeador wrote:"...My extension or second location of my business is located inside a Flea Market (open to the public)..."

Where is the flea market located? I'll make make sure not to visit there.
I think I would be looking for a new location that is CHL friendly. In my mind a 30.06 sign says, "Don't spend your money here."
by MoJo
Sun Dec 16, 2012 2:49 pm
Forum: General Texas CHL Discussion
Topic: Legality of 30:06 Signs
Replies: 21
Views: 4956

Re: Legality of 30:06 Signs

The best thing to do in such a situation is keep quiet. Yes the sign is invalid but since your conversion was about the signs with the manager this could be interpreted as effective notice.

Here's the law on the matter:

§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN. (a) A license holder commits an offense if the license
holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.
(b) For purposes of 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 or written
communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) "License holder" has the meaning assigned by
Section 46.035(f).
(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.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.

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