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30.05 ?
Posted: Wed Nov 29, 2006 9:26 pm
by rastalavista
Is there a such thing as this law? (or whatever it is?)
I went to the Tarrant county sub-courthouse off Granbury Road in South Fort worth, and I swear that they had a sign that said 30.05...blah blah blah...
Chalk it up to Instructor misinformation if I missed this sign posting law.
I don't know how to look this up in the Texas government page, or I would do it and avoid wasting your time.
Posted: Wed Nov 29, 2006 9:42 pm
by seamusTX
There is such a law.
To search Texas laws, go to
http://tlo2.tlc.state.tx.us/statutes/statutes.html. From there you can find any statute.
Here's what you are looking for, I think:
§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; ...
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and
(2) the person was carrying a concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category the person was
carrying.
- Jim
Posted: Wed Nov 29, 2006 10:03 pm
by jimlongley
The City of Dallas includes language on their 30.05 sign that says that they think it applies to CHLs too.
Posted: Wed Nov 29, 2006 10:36 pm
by kauboy
Ha ha, what fools they are. If you see this sign, walk proudly by it. The only two posted signs that you have to worry about being enforcable to a CHL holder is the 30.06 sign and the "51%" sign. Other than that, carry with confidence.
Posted: Thu Nov 30, 2006 1:51 am
by Freedom4All
kauboy wrote:Ha ha, what fools they are. If you see this sign, walk proudly by it. The only two posted signs that you have to worry about being enforcable to a CHL holder is the 30.06 sign and the "51%" sign. Other than that, carry with confidence.
Just to nit-pick...
The 51% sign itself does not have the force of law that a sign meeting 30.06 requirements does. If an establishment generates 51% of its income from on premises consumption of alchohol then it is off limits while packing, regardless of the 51% sign being posted or not. It is not illegal to enter an establishment posting a 51% sign, while packing, if that establishment does not in fact generate 51% of its income from on premises consumption of alchohol (assuming they do not have a 30.06 sign posted as well).
Posted: Thu Nov 30, 2006 10:05 am
by kauboy
Freedom4All wrote:kauboy wrote:Ha ha, what fools they are. If you see this sign, walk proudly by it. The only two posted signs that you have to worry about being enforcable to a CHL holder is the 30.06 sign and the "51%" sign. Other than that, carry with confidence.
Just to nit-pick...
The 51% sign itself does not have the force of law that a sign meeting 30.06 requirements does. If an establishment generates 51% of its income from on premises consumption of alchohol then it is off limits while packing, regardless of the 51% sign being posted or not. It is not illegal to enter an establishment posting a 51% sign, while packing, if that establishment does not in fact generate 51% of its income from on premises consumption of alchohol (assuming they do not have a 30.06 sign posted as well).
Actually, thats not entirely true. A Hospital may post a "51%" sign and leave off the red "51" and that is enough notice to say you can't carry there. I know it sounds dumb, but trust me, its in the law.
I understand your point though and you are correct. If a legitimate sign is place in an improper location, then it doesn't matter for squat. ( i.e. a 30.06 at City Hall, or a "51%" sign at a Super Wal-Mart)
Posted: Thu Nov 30, 2006 10:55 am
by txinvestigator
kauboy wrote:Freedom4All wrote:kauboy wrote:Ha ha, what fools they are. If you see this sign, walk proudly by it. The only two posted signs that you have to worry about being enforcable to a CHL holder is the 30.06 sign and the "51%" sign. Other than that, carry with confidence.
Just to nit-pick...
The 51% sign itself does not have the force of law that a sign meeting 30.06 requirements does. If an establishment generates 51% of its income from on premises consumption of alchohol then it is off limits while packing, regardless of the 51% sign being posted or not. It is not illegal to enter an establishment posting a 51% sign, while packing, if that establishment does not in fact generate 51% of its income from on premises consumption of alchohol (assuming they do not have a 30.06 sign posted as well).
Actually, thats not entirely true. A Hospital may post a "51%" sign and leave off the red "51" and that is enough notice to say you can't carry there. I know it sounds dumb, but trust me, its in the law.
No, that is not true. Hospitals, per Texas Penal Code 46.035 are only prohibited if they post a 30.06 sign.
Pardon me if I don't "trust you"
but please show me the law that prohibits me from carrying where a hospital posts a sign other than 30.06.
Posted: Thu Nov 30, 2006 2:46 pm
by Skipper5
on the lighter side....anyone know of a Hospital that generates +51% of its revenues in cocktails?
Hmmm....should I go to St. Pauls Hospital or the Gypsy Tea room tonight for a couple Bud Lights??
LOL
//John
Posted: Thu Nov 30, 2006 4:33 pm
by casselthief
Skipper5 wrote:on the lighter side....anyone know of a Hospital that generates +51% of its revenues in cocktails?
Hmmm....should I go to St. Pauls Hospital or the Gypsy Tea room tonight for a couple Bud Lights??
LOL
//John
gitcha some Morphine, or as I call it, Mor-Phun!!!
or Vico-Tabs (vicodin, lortab, same thing)!!!
Posted: Thu Nov 30, 2006 6:52 pm
by Thane
Skipper5 wrote:on the lighter side....anyone know of a Hospital that generates +51% of its revenues in cocktails?//John
Try whatever hospital is in the vicinity of Martha's Vineyard. With Kennedies around, you can bet it makes a killing off mixed drinks.
Re: 30.05 ?
Posted: Thu Nov 30, 2006 7:20 pm
by KRM45
rastalavista wrote:Is there a such thing as this law? (or whatever it is?)
I went to the Tarrant county sub-courthouse off Granbury Road in South Fort worth, and I swear that they had a sign that said 30.05...blah blah blah...
Chalk it up to Instructor misinformation if I missed this sign posting law.
I don't know how to look this up in the Texas government page, or I would do it and avoid wasting your time.
Doesn't the whole "courthouse" play a role in there somewhere? Our municipal court in town has a sign that I thought referenced 30.05, since cities are supposedly prohibited from posting under 30.06
Posted: Fri Dec 01, 2006 12:33 pm
by Skipper5
Thane wrote:Skipper5 wrote:on the lighter side....anyone know of a Hospital that generates +51% of its revenues in cocktails?//John
Try whatever hospital is in the vicinity of Martha's Vineyard. With Kennedies around, you can bet it makes a killing off mixed drinks.
Lol....so true! in MA anything possible....!
Re: 30.05 ?
Posted: Fri Dec 01, 2006 12:54 pm
by seamusTX
KRM45 wrote:Doesn't the whole "courthouse" play a role in there somewhere? Our municipal court in town has a sign that I thought referenced 30.05, since cities are supposedly prohibited from posting under 30.06
PC §46.03, Places Weapons Prohibited, prohibits weapons "on the premises of any government court or offices utilized by the court," except for LEOs. AFAIK, no posting is required.
- Jim
Posted: Fri Dec 01, 2006 1:30 pm
by kauboy
txinvestigator wrote:kauboy wrote:Freedom4All wrote:kauboy wrote:Ha ha, what fools they are. If you see this sign, walk proudly by it. The only two posted signs that you have to worry about being enforcable to a CHL holder is the 30.06 sign and the "51%" sign. Other than that, carry with confidence.
Just to nit-pick...
The 51% sign itself does not have the force of law that a sign meeting 30.06 requirements does. If an establishment generates 51% of its income from on premises consumption of alchohol then it is off limits while packing, regardless of the 51% sign being posted or not. It is not illegal to enter an establishment posting a 51% sign, while packing, if that establishment does not in fact generate 51% of its income from on premises consumption of alchohol (assuming they do not have a 30.06 sign posted as well).
Actually, thats not entirely true. A Hospital may post a "51%" sign and leave off the red "51" and that is enough notice to say you can't carry there. I know it sounds dumb, but trust me, its in the law.
No, that is not true. Hospitals, per Texas Penal Code 46.035 are only prohibited if they post a 30.06 sign.
Pardon me if I don't "trust you"
but please show me the law that prohibits me from carrying where a hospital posts a sign other than 30.06.
Gladly
GOVERNMENT CODE
SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION
CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS
SUBCHAPTER A. GENERAL PROVISIONS AND ADMINISTRATION
§ 411.204. NOTICE REQUIRED ON CERTAIN PREMISES. (a) A
business that has a permit or license issued under Chapter 25, 28,
32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent
or more of its income from the sale of alcoholic beverages for
on-premises consumption as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code,
shall prominently display at each entrance to the business premises
a sign that complies with the requirements of Subsection (c).
(b) A hospital licensed under Chapter 241, Health and Safety
Code, or a nursing home licensed under Chapter 242, Health and
Safety Code, shall prominently display at each entrance to the
hospital or nursing home, as appropriate, a sign that complies with
the requirements of Subsection (c) other than the requirement that
the sign include on its face the number "51".
(c) The sign required under Subsections (a) and (b) must
give notice in both English and Spanish that it is unlawful for a
person licensed under this subchapter to carry a handgun[0] on the
premises. The sign must appear in contrasting colors with block
letters at least one inch in height and must include on its face the
number "51" printed in solid red at least five inches in height.
The sign shall be displayed in a conspicuous manner clearly visible
to the public.
(d) A business that has a permit or license issued under the
Alcoholic Beverage Code and that is not required to display a sign
under this section may be required to display a sign under Section
11.041 or 61.11, Alcoholic Beverage Code.
(e) This section does not apply to a business that has a food
and beverage certificate issued under the Alcoholic Beverage Code.
Don't even ask me why. It's ludicrous to me too.
How would you interpret that?
If the "51%" restricts us due to alcohol sales, why is it even possible to use the same verbiage at a hospital?
Posted: Fri Dec 01, 2006 2:03 pm
by casselthief
kauboy wrote:
Gladly
BYAAAAAAAAAAAAAAAAAAAAAH!!!!
