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by LucasMcCain
Thu Feb 04, 2016 1:41 pm
Forum: General Texas CHL Discussion
Topic: 30.06 and 30.07 signs at gas stations
Replies: 103
Views: 24209

Re: 30.06 and 30.07 signs at gas stations

For those of you who would like an actual lawyer's take on the situation:

https://forum.[Pre-paid legal service].com/index. ... 106.0.html

EDIT: For some reason not covered in the forum rules (I checked) they won't let me post this link properly. I'm copy/pasting the relevant posts from the thread, which I think is okay. If it's not, please let me know. I'm just trying to be helpful here.

The question asked:
My local corner store/gas station has recently put a 30.06 and a 30.07 sign on the door. Would the covered area at the gas pumps be included in the property effected by the signs and be off limits to concealed and/or open carry?

Last week I heard someone on TV say "if the rain can hit you then you can carry" (with a few exceptions noted). The conversation was referring to parking lots and sidewalks but since this is a covered area where purchases are made would it be considered part of the premises?

The answer given:
This is a bit of a gray area for a number of reasons. One reason is that these statutes use the term “property,” instead of premises, as is used in Section 46.035. Another issue is that the language for where the signs should be posted differs between 30.06 and 30.07. An argument for the position that the signs only prohibit carrying within the building can be made given the language of posting at the “entrance to the property.” If the sign is posted on the doors, then it would be logical that the sign is prohibiting carrying past door, as the door’s purpose is to be an entrance inside the building.
by LucasMcCain
Wed Feb 03, 2016 4:11 pm
Forum: General Texas CHL Discussion
Topic: 30.06 and 30.07 signs at gas stations
Replies: 103
Views: 24209

Re: 30.06 and 30.07 signs at gas stations

Back on topic, and relating to my previous post, there is a difference in the law between the terms "premises" and "property." Premises specifically does not include parking lots, sidewalks, walkways, and the like. Property can include all areas owned by the entity in question. That said, I do not feel a sign on a building to be effective or conspicuous notice for the parking lot or fuel pump area. As has been mentioned, that would be up to a jury to decide, should it come to that. Personally, I would say that concealed means concealed, and if you have any doubts about the business's stance on open carry, just cover it up. Again, I hope this helps.
by LucasMcCain
Wed Feb 03, 2016 4:03 pm
Forum: General Texas CHL Discussion
Topic: 30.06 and 30.07 signs at gas stations
Replies: 103
Views: 24209

Re: 30.06 and 30.07 signs at gas stations

Abraham wrote:LucasMcCain,

Did you know Chuck Connors was also a professional basketball and professional baseball player along with being an actor?
I did! He was just a pretty cool guy all around, as far as I have been able to tell. The Rifleman was by far my favorite western growing up.
by LucasMcCain
Wed Feb 03, 2016 3:53 pm
Forum: General Texas CHL Discussion
Topic: 30.06 and 30.07 signs at gas stations
Replies: 103
Views: 24209

Re: 30.06 and 30.07 signs at gas stations

For purposes of Texas state laws, the term "premises" does not include parking lots. In federal laws, it does. This is why you can't have a gun, licensed or not, even in your car in the parking lot at the post office. You can however, if licensed, have one in your car or on your person in school parking lots, even though you can't take it into the school building. It took me a bit of digging to make sure of this answer, but it does come from a firearms attorney. Hope this helps.

Edit: Just to be clear, I am not a lawyer, and I am often mistaken about a variety of things. This is not legal advice.

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