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by Charles L. Cotton
Fri Jan 15, 2016 12:16 am
Forum: General Texas CHL Discussion
Topic: Ridgemar Mall Signs
Replies: 13
Views: 2263

Re: Ridgemar Mall Signs

Solaris wrote:
Charles L. Cotton wrote:Posting a 30.06 sign anywhere other than at the entrance of the building is not going to work. First, TPC §30.06 only applies to a person carrying under the authority of their handgun license. Since passage of the Motorist Protection Act in 2007, it is no longer necessary to have a license to have a handgun in your motor vehicle or one under your control. Therefore, 30.06 signs on parking lots are meaningless
It is not meaningless. 30.06 applies to property, and as a lot of events occur on property such as parking lots and grounds, and typically you get out of your car to participate, MPA does apply. Examples would include Auto parts swap meets, Cars and Coffee, Jeeps and Java, Show and Shines, BBQs, car wash fundraisers, flea markets, tailgate parties, goodwill dropoffs, etc. My wife works at a place that posts parking lots, I cannot carry at company BBQ held in parking lot for example.
Of course an event in a parking lot will be different in terms of whether a 30.06 sign will impact a licensee when they get out of the car. I'm talking about going into a mall that does not have the signs on the doors. I made that quite clear in my post.

Your statement about the difference between the wording in TPC §§30.06 and 30.07 is grossly overstated.

Chas.
by Charles L. Cotton
Thu Jan 14, 2016 7:36 pm
Forum: General Texas CHL Discussion
Topic: Ridgemar Mall Signs
Replies: 13
Views: 2263

Re: Ridgemar Mall Signs

Solaris wrote:
Keith B wrote:Welcome to the forum. :tiphat:

Until you saw the signs you had not been given legal notice, so you were not breaking the law, even though the mall is posted at other entrances. Once you saw the signs, then you would have been breaking the law when you went back into the mall if you were armed.
You do not have to see/read the sign to be given legal notice, though I am sure the "I did not see the sign" defense will continue to be tried. If it is properly posted notice has been given. 30.06 & 30.07 have different posting requirements. 30.07 sign has to be posted in a "conspicuous manner clearly visible to the public at each entrance to the property", 30.06 does not even have to be posted at a single entrance, just has to be "conspicuous manner clearly visible to the public".

These two different requirements are going to cause grief for some unlucky folks.
Posting a 30.06 sign anywhere other than at the entrance of the building is not going to work. First, TPC §30.06 only applies to a person carrying under the authority of their handgun license. Since passage of the Motorist Protection Act in 2007, it is no longer necessary to have a license to have a handgun in your motor vehicle or one under your control. Therefore, 30.06 signs on parking lots are meaningless.

I cannot imagine a DA accepting charges for alleged violation of TPC §30.06 when there was no sign on the doors. By "conspicuous," we meant conspicuous to people entering the building. I know you will argue that the Code doesn't expressly state such and you would be correct. However, if that is not the interpretation, then what is the context and scope of the phrase "displayed in a conspicuous manner[?]" Conspicuous from what vantage point -- driving down the road or freeway, from across a multi-store parking lot, a mall parking lot?

If the sign is at the parking lot entrance or anywhere in the parking lot, it could be easily missed by a driver for any number of reasons. They could be watching traffic or pedestrians. The sign could be blocked by another vehicle.

Any property owner wanting to exclude concealed-carry better put the sign on the door.

Chas.

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