ShootNMove wrote:I'm just curious because there is a rather ambiguous "OR" in the statute:
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.
That "or" leads me to believe that a prosecutor could justify a non-compliant posting.
Does it mean a card, document OR sign?
--or--
A card/document with that language OR a sign that meets the following requirements? Do the (i), (ii), and (iii) apply to both (A) and (B), or just (B)?
It's not ambiguous. If
either (A) or (B) are met, then a CHL has sufficient notice that entry is prohibited while armed. It couldn't be used to justify a non-compliant posting unless the CHL were also given notice under (A).
Items (i)-(iii) are subsections of (B), and do not apply to (A).
Kevin