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Learned a valuable lesson today. Went to Valley View mall in Dallas. I thought it was odd that there was such a large police presence - pairs of cop cars outside of Sears and JC Penney. Anyway, I went in thru Sears and didn't see any 30.06 signs. Carried in the mall and did some shopping. I was even in the food court at the same time as 2 cops, probably about 10 ft away. After a couple of weeks carrying, I felt pretty confident concealing my OWB Glock 19 under a light sweater.

Now I've found out on this forum that Valley View posts 30.06 signs at their entrances.

Lesson for me: Enter a new mall at a main entrance instead of via a store.
Lesson for Valley View: Perhaps you'd need less of a police presence if you admitted honest citizens with CHL licenses, and not just the criminal types without them!

Later I went to the Galleria and some other stores to finish my shopping.

I could be wrong but my understanding is if you did not pass a 30.06 sign you are not in violation.

Well, you could be wrong jmra, but so could I. I think we've established here that a 30.06 sign does not have to be at every entrance to be enforceable. It only has to be in a conspicuous place and clearly visible to the public along with the other requirements of the actual sign itself. So, england, I think that either the officer's didn't care that you were armed or they didn't notice.

Most likely, the latter (If you doing it right, anyway).

jmra wrote:I could be wrong but my understanding is if you did not pass a 30.06 sign you are not in violation.

Technically you are correct.

If you didn't see the sign, you were not given effective notice.

The lesson I would take from this is to enter through the store rather than the mall entrance.

bdickens wrote:If you didn't see the sign, you were not given effective notice.

The lesson I would take from this is to enter through the store rather than the mall entrance.

However, once you have been told, by someone in authority, that the facility is posted 30.06 and that you must leave, you HAVE been given effective notice. If you do not leave, you CAN be arrested.

Similarly, now that you KNOW the mall is posted 30.06, you have been given effective notice.

LarryH wrote: Similarly, now that you KNOW the mall is posted 30.06, you have been given effective notice.

Hmm, Really? I thought the notice must come from someone in charge of the facility. Haven't heard from anybody of that nature on this forum...

Just sayin...

Sec. 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 Article 4413(29ee), Revised Statutes, 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 Article 4413(29ee), Revised Statutes (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.


Sub-section iii could use more specific language IMO but I would certainly argue that if there are entrances not posted and commonly used, that would not be "in a conspicuous manner".

Cops typically do not notice, the last time I was stopped by DPS (not often BTW) he approached the right side of the car (service road). He asked me (after ID) if I had my weapon on me, I told him I did, he asked where and I told him on my right hip. "Really?!" was his response, he was at my right side and clearly surprised. The rest of the stop was very professional and I went on my way with a warning slip.

Oh yeah, Merry Christmas and God Bless.

LarryH wrote:

bdickens wrote:If you didn't see the sign, you were not given effective notice.

The lesson I would take from this is to enter through the store rather than the mall entrance.

However, once you have been told, by someone in authority, that the facility is posted 30.06 and that you must leave, you HAVE been given effective notice. If you do not leave, you CAN be arrested.

Similarly, now that you KNOW the mall is posted 30.06, you have been given effective notice.

How do I know the mall is posted? All I have is hearsay on the internet. I haven't seen any sign.

That was my point, too. I think Dragonfighter was agreeing with me (as I read his post).

sjfcontrol wrote:That was my point, too. I think Dragonfighter was agreeing with me (as I read his post).

I don't know that my post necessarily addressed yours, but yeah, I agree with you.

Added In Edit: Oh yeah, I see it now, the bold face...duh.

There is always http://texas3006.com/ to check on the status. ran across this one day and is now part of my book mark collection.

bdickens wrote:

LarryH wrote:

bdickens wrote:If you didn't see the sign, you were not given effective notice.

The lesson I would take from this is to enter through the store rather than the mall entrance.

However, once you have been told, by someone in authority, that the facility is posted 30.06 and that you must leave, you HAVE been given effective notice. If you do not leave, you CAN be arrested.

Similarly, now that you KNOW the mall is posted 30.06, you have been given effective notice.

How do I know the mall is posted? All I have is hearsay on the internet. I haven't seen any sign.

Good luck with that defense in court.

LarryH wrote:

bdickens wrote:

LarryH wrote:

bdickens wrote:If you didn't see the sign, you were not given effective notice.

The lesson I would take from this is to enter through the store rather than the mall entrance.

However, once you have been told, by someone in authority, that the facility is posted 30.06 and that you must leave, you HAVE been given effective notice. If you do not leave, you CAN be arrested.

Similarly, now that you KNOW the mall is posted 30.06, you have been given effective notice.

How do I know the mall is posted? All I have is hearsay on the internet. I haven't seen any sign.

Good luck with that defense in court.

Agreed, better safe than sorry. Take your business elsewhere!