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tacticool wrote:

sjfcontrol wrote:I think the point is that 30.06 only applies to CHL holders. Carrying in a car is legal for EVERYBODY (with certain restrictions) thanks to the Motorist Protection Act. Therefore leaving a firearm in your car would NOT be illegal even in a 30.06-posted lot.

There is no sign that says, in effect: "The Possession of a firearm in your automobile under PC46.02 (Motorist Protection Act) is forbidden."

Can I get your opinion on something as a new instructor with the DPS class fresh in your mind?

1. To make handguns illegal in the parking lot, would they have to post two signs?

2. If they only post a 30.06 sign, does that apply only to someone with a CHL or to nobody?

P.S. Congrats on your first class!

Charles L. Cotton wrote:

sjfcontrol wrote:I think the point is that 30.06 only applies to CHL holders. Carrying in a car is legal for EVERYBODY (with certain restrictions) thanks to the Motorist Protection Act. Therefore leaving a firearm in your car would NOT be illegal even in a 30.06-posted lot.

That would certainly be my argument if I were defending a criminal trespass charge under those circumstances, however, it's not that clear. Remember, TPC §30.05 is the code section that applies to trespass for everyone for every reason, other than a CHL carrying a handgun. Remember too that TPC §30.05 does not require any specific language like that required by TPC §30.06. It would be hard to argue that a 30.06 sign didn't get the message across (for purposes of TPC §30.05) that the property owner didn't want guns on the property.

Chas.