Interesting CHL question from Glock talk

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isa268
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Interesting CHL question from Glock talk

#1

Post by isa268 »

Interesting CHL question from Glock talk

http://glocktalk.com/showthread.php?s=&threadid=527363
Is this a Legit No-Carry Sign??
I'm in the process of looking around at apartment complexes (In Texas) for the upcoming year. Found one I liked a lot, then noticed this at all (3) street entrances.

Image

My question: This is a whole different scenario than, say, a restaurant with a sign not meeting the proper specifications (English & Spanish, exact wording, 1/2 inch letters). This being more-or-less a residence, does this mean that I cannot legally have my gun on the property at all (locked in car or on person?).

Basically, does this sign lawfully/legally exclude me from everything it says? I can see both me carrying it and not being justified below.

Your help is greatly appreciated, as this strongly affects my choice of where to live, I WILL carry where I live.


-Bret


(P.S. - I have a friend that could live there despite this, so my actions while on this property, whether I live there or not, are of issue.)

* * * * * *

Here is a pertinent law quote:


PC §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:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section
46.035(f).
(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.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section that the property
on which the license holder carries a handgun is owned or leased
by a governmental entity and is not a premises or other place on which
the license holder is prohibited from carrying the handgun under
Section 46.03 or 46.035
Now I know that's not a legal 30.06 sign but can an apartment complex keep you from keeping guns in your apartment that you rent from them???


Isa268

txinvestigator
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#2

Post by txinvestigator »

I suppose it could be included in the lease agreement. All they could do is evict you if they discovered it.
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Kalrog
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#3

Post by Kalrog »

That is not a valid sign and you know that. So unless the original poster of that message was verbally told by someone in authority or actually did get a proper 30.06 notice then he can legally carry there if he doesn't live there. So they haven't done the required things to keep a visitor from carrying.

Now, about the living there thing... check the lease. I would bet that it would be something very close to the legal situation where a company policy is "no guns", but no verbal or correct posted notice is ever given. This means that an employee can legally carry, but that it is against company policy and they can be fired for it (although this IS a right to work state). If the lease says "no guns" and they have guns, well there is no law broken but they sure could be evicted.

IANAL.

No4Mk1
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#4

Post by No4Mk1 »

But why would you want to live there in the first place? :???:
The beauty of Grace is that it makes life not fair.

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