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by Keith B
Thu Jun 13, 2013 10:22 am
Forum: General Texas CHL Discussion
Topic: Is this sign legally posted?
Replies: 32
Views: 4470

Re: Is this sign legally posted?

nightmare69 wrote: I know they don't have to post the sign at all then entrances but they should knowing out of 20+ public entrances and only 3 are posted. My argument is that someone who NEVER enters through the posted entrances and carrys cause they saw no sign. They are committing a crime that could land them in jail plus lose their CHL and are not aware of it. IMO the mall could be held responsible for that.

If I was ever caught carrying they only words out of my mouth would be..."I saw no sign, I want my lawyer" Not another word would be said.
Actually they are NOT committing a crime. They are only doing so if they have been given effective notice. So, take your example. If you enter a mall through an unposted entrance and have never seen the sign, then you have NOT been given notice and you have a defense to prosecution. Once you are given notice (verbally or via the 30.06 sign), THEN you would be committing a crime. The problem arises in the fact the mall IS posted per the letter of the law and you MAY have to defend your not being given notice and truly (not lying) state that you were unaware of the posting as you had never seen the sign.

Take Grapevine Mills mall. They have signs that are large but don't have the legal verbiage, and are not posted at every entrance. However, I have word direct from the Chief of GPD that an officer MAY arrest you for carrying in the mall if you are discovered, legal or not. At that point you would have to plead your case that you had never received notice (not seen the sign or known the mall was posted) or take the defense of the signs not meeting the legal requirement.
by Keith B
Thu Jun 13, 2013 8:42 am
Forum: General Texas CHL Discussion
Topic: Is this sign legally posted?
Replies: 32
Views: 4470

Re: Is this sign legally posted?

nightmare69 wrote: IMO its not conspicuously displayed. If I cannot see it from the parking lot or when I enter the store or later when I enter the mall from said store then Im going to take my chances. If they want to truly ban CC in that mall part only then they would have to post the 30.06 outside EVERY store with a outside public entrance. Until they do that I will continue to carry all 2 times per year I go to the mall.
No they don't. The law does not state it has to be at every entrance. It only states it must be conspicuously displayed.

Bottom line, if it is where you see it, then you have been given notice, period. If you have not seen the sign then you may have a defense to prosecution, but bottom line, one sign on the mall is all that is legally required. Once you have seen it you have been given legal notice, no matter what entrance you go in.
by Keith B
Thu Jun 13, 2013 8:19 am
Forum: General Texas CHL Discussion
Topic: Is this sign legally posted?
Replies: 32
Views: 4470

Re: Is this sign legally posted?

Scott in Houston wrote:
RPBrown wrote:The more I think about the 30.06 signage, i have come up with the following conclusion. Those that post them assume that we law abiding folks will be looking for said sign so they can post almost anywhere.

I mean we all know that a bad guy is going to search for the sign as well." Oh, cant rob this place they have a 30.06 sign so I can't carry my gun in there". (sarcasm off now)
I know you were being sarcastic, but I can say that if I was a bad guy, I'd look for 30.06 signs everywhere I go too.
How else can I determine the best place to commit a crime?
30.06 signs only apply to a CHL holder so a bad guy without a CHL can pass right by it. ;-)

Seriously, all the law says is it must be conspicuously displayed. Doesn't have to be on the all the doors/entrances or in the line of sight if it meets the definition of conspicuous, which is:
con·spic·u·ous/kənˈspɪkyuəs/ Show Spelled [kuhn-spik-yoo-uhs] Show IPA
adjective
1. easily seen or noticed; readily visible or observable: a conspicuous error
2. attracting special attention, as by outstanding qualities or eccentricities: He was conspicuous by his booming laughter.
If it is easily seen or noticed, then it meets the legal requirements. And as stated, if you see it you have been given notice.

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