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by ScottDLS
Mon Jan 28, 2013 9:56 am
Forum: General Texas CHL Discussion
Topic: Private Property Posted Parking
Replies: 36
Views: 5841

Re: Private Property Posted Parking

Texas Sheepdog wrote:
ScottDLS wrote:
SwimFan85 wrote:Trespassing law is not restricted to buildings. A private property owner can give notice that no trespassing is allowed on their forest land, in their corporate executive parking lot, or their land around their chemical plant. Valid 30.06 notice is required to prohibit someone with a CHL from carrying a handgun if that's the reason for trespassing. No specialized notice is required to prohibit rifles, video cameras, or handguns carried under MPA. A simple sign is valid notice.

The parking lot law only protects some employees. It does not protect customers of a business, visitors, delivery people, or vendors, if they park in a free lot provided by a business. It does not protect customers who pay to park in a lot or garage downtown.

I won't connect the dots so I don't provide the checklist for an anti gun company or organization.
Since 30.06 only applies to someone carrying under authority of a CHL, a posted parking lot would only prevent you from exiting the car with your gun. In the car, the MPA allows you carry. If you are afraid that you ARE carrying under the authority of your CHL when driving on the lot, then throw CHL in the trunk. You can't carry under it's authority if it's not on your person.
It looks like some people need the dots connected. A combination sign would cover both situations. The blanket prohibition of firearms covers MPA while the 30.06 notice on the bottom covers CHL.

[ Image ]

For those people who insist you can't trespass if you're inside your vehicle, I dare you to drive into a critical infrastructure facility without authorization. Then when they stop you, tell them you're not trespassing as long as you're inside your vehicle. Bonus points if the video is posted on youtube. By you or the AO. LOL
That combination sign wouldn't "connect the dots" for me, since it's inside, not in a parking lot, less than 1" letters, etc. I've only seen one property that was theoretically posted per 30.05 and 30.06 on the parking lot and that was Texas Instruments in Dallas.

Critical infrastructure facility is irrelevant as it' simply a penalty enhancement under 30.05, which carrying a handgun would get you anyway. If you entered without authorization, you would have had to...

(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.

...in order to be guilty of criminal trespass.
by ScottDLS
Sat Jan 26, 2013 10:42 pm
Forum: General Texas CHL Discussion
Topic: Private Property Posted Parking
Replies: 36
Views: 5841

Re: Private Property Posted Parking

SwimFan85 wrote:Trespassing law is not restricted to buildings. A private property owner can give notice that no trespassing is allowed on their forest land, in their corporate executive parking lot, or their land around their chemical plant. Valid 30.06 notice is required to prohibit someone with a CHL from carrying a handgun if that's the reason for trespassing. No specialized notice is required to prohibit rifles, video cameras, or handguns carried under MPA. A simple sign is valid notice.

The parking lot law only protects some employees. It does not protect customers of a business, visitors, delivery people, or vendors, if they park in a free lot provided by a business. It does not protect customers who pay to park in a lot or garage downtown.

I won't connect the dots so I don't provide the checklist for an anti gun company or organization.
Since 30.06 only applies to someone carrying under authority of a CHL, a posted parking lot would only prevent you from exiting the car with your gun. In the car, the MPA allows you carry. If you are afraid that you ARE carrying under the authority of your CHL when driving on the lot, then throw CHL in the trunk. You can't carry under it's authority if it's not on your person.

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