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Flatland2D wrote:Hmm. I remember seeing the word "premises" when going over 30.06 signs, but can't find it in my handbook. Premises only defines buildings and not their parking lots and walkways. It was even a question on the test (that a 30.06 sign could not prohibit carry in a parking lot).

I'll let Charles and others wade in on this, but here's what the law says:

§ 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.


PC 30.06 has nothing to do with "premises", just "property". PC 46.03 and 46.035 use the term "premises", and define it to mean buildings, excluding parking lots, sidewalks, etc.

Kevin

Flatland2D wrote: Just to double check a few things I was told in class. I couldn't remember exactly how it matched up with some things I've read. Continuing the random questions...

1) A 30.06 sign, even when posted at the entrance of a parking lot, will ONLY restrict you from carrying inside the building. The parking lot and walkways are still ok to carry, and your gun may be locked in your car when you go inside.

That would be incorrect. Everything beyond a proper 30.06 notice is off limits.

2) A business is REQUIRED to post a 51% sign by the comptroller.

They might be, but remember this when it comes to 51% signs:

- It's an offense to carry in a 51% establishment, whether there's a 51% sign or not.

- The lack of a sign is not a defense to prosecution.

- A 51% sign is completely different from a 30.06 sign, and it's not an offense to carry where a 51% sign is improperly posted in a non-51% establishment.

- The standard for an offense is that you "intentionally, knowingly, or recklessly" carried in a 51% establishment. "Recklessly" means "should have known better, but did it anyway".

- If you have any doubts at all, then it's a 51% establishment, no matter whether there are signs or not.

Congratulations on the class. Keep posting questions and reading, and the very knowledgeable folks here will fill in the blanks for you.

Kevin