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by hirundo82
Mon Jun 02, 2008 3:52 pm
Forum: New to CHL?
Topic: Question on carrying at customer's site
Replies: 11
Views: 1567

Re: Question on carrying at customer's site

XDpackinBob wrote:Well From what I read and understand in the Texas Concealed Handgun Laws 07-08, DPS issued LS-16 Aug 07, notice can come in different forms.

Verbal, written card or document, or posted sign (30.06)

If you have been given a Document that you had to sign to get your badge that stated no guns then this alone is enough.

This would be written notice. And has the same power and effect as a 30.06 sign and you can loose you CHL if caught.

If the property owner or one of there reps, walk up to you and tells you no guns allowed that is all they need to do as well and also has the same power and effect as a 30.06 sign.

The 30.06 sign is only required if they want to exclude CHL's and don’t want to have to hand out Cards/Documents at the entrance stating no guns allowed or stand at the entrance and tell everybody that enters no guns allowed or have not had each person/worker/contractor issued a document, signed (as you say you have been for your badge) stating no guns allowed.

HTH. :patriot: :txflag:
You are correct that legally binding notice can be in spoken, written, or posted form. However, only spoken notice does not have a proper for prescribed in the law.

We are of course all familiar with the requirements for a binding sign under Section 30.06; that same section also describes how written notice shall be given:
§ 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.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(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.
As long as the paperwork you signed did not contain the legally binding wording and you have never been told that carrying on the customer's premises is prohibited you would be breaking no law. However, it does not protect you from any non-criminal repercussions if you are discovered--eg the customer terminating their relationship with your employer, your employer firing you because you endangered their contract with a client, etc.

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