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Is this sign legally posted?

Posted: Wed Jun 12, 2013 10:29 pm
by thetexan
Went to the Longview Mall today (Longview, Texas) to see if they really do have a 30.06. Yes they do. Far to the right of the main entrance.

Image
In fact is it behind a big support pillar. Easily seen if you look 45 degrees to your right and 15 feet to the right of the rightmost entry door. Unless I was deliberately looking for the sign I would never have noticed it. It is hidden from view by the pillar as you approach from the parking lot and by the time it becomes visible it is in peripheral vision as you walk closer to the door?

Anyone have an opinion if this meets 30.06 3 B iii "...is displayed in a conspicuous manner clearly visible to the public."?

tex

Re: Is this sign legally posted?

Posted: Wed Jun 12, 2013 10:33 pm
by RottenApple
thetexan wrote:Went to the Longview Mall today (Longview, Texas) to see if they really do have a 30.06. Yes they do. Far to the right of the main entrance.

[ Image ]
In fact is it behind a big support pillar. Easily seen if you look 45 degrees to your right and 15 feet to the right of the rightmost entry door. Unless I was deliberately looking for the sign I would never have noticed it. It is hidden from view by the pillar as you approach from the parking lot and by the time it becomes visible it is in peripheral vision as you walk closer to the door?

Anyone have an opinion if this meets 30.06 3 B iii "...is displayed in a conspicuous manner clearly visible to the public."?

tex
Did you see it? Since you took the picture, I'll assume yes. In which case, yes, it meets the requirements.

Re: Is this sign legally posted?

Posted: Wed Jun 12, 2013 10:45 pm
by RX8er
Your first post... Welcome to the group.

I can't tell if the language and size requirements are correct. What about this sign makes you ask the question? :headscratch

Re: Is this sign legally posted?

Posted: Wed Jun 12, 2013 10:58 pm
by thetexan
yes. In all other respects it meets specs. the definition of 'conspicuous' can not be simply that the sign is 'discoverable by deliberate search'. Doesnt it have to be 'obvious' to someone upon entry?

tex and thanks for the welcome

Re: Is this sign legally posted?

Posted: Wed Jun 12, 2013 11:10 pm
by RottenApple
thetexan wrote:yes. In all other respects it meets specs. the definition of 'conspicuous' can not be simply that the sign is 'discoverable by deliberate search'. Doesnt it have to be 'obvious' to someone upon entry?

tex and thanks for the welcome
Nope. It has to be "conspicuous to the public". There's no definition of "conspicuous" in the law. If you're thinking you old legally carry because of where this specific sign was placed, I'd think again. This is one where I'm almost 100% certain that you won't beat the wrap n this one.

Re: Is this sign legally posted?

Posted: Wed Jun 12, 2013 11:27 pm
by thetexan
Oh no! Im not about to test the system. Being new to this Im just curious about all of the details.

tex

Re: Is this sign legally posted?

Posted: Thu Jun 13, 2013 12:29 am
by TexasGal
Curious is good. Welcome to the Forum! :txflag:

Re: Is this sign legally posted?

Posted: Thu Jun 13, 2013 6:47 am
by RPBrown
The more I think about the 30.06 signage, i have come up with the following conclusion. Those that post them assume that we law abiding folks will be looking for said sign so they can post almost anywhere.

I mean we all know that a bad guy is going to search for the sign as well." Oh, cant rob this place they have a 30.06 sign so I can't carry my gun in there". (sarcasm off now)

Re: Is this sign legally posted?

Posted: Thu Jun 13, 2013 7:00 am
by nightmare69
The 30.06 is valid but its only posted on the 3 main mall entrances, not the stores. You can legally carry into Sears for example but you cannot enter the mall.

This is the grey area, if someone from out of town with a CHL entered through a store and later entered the mall they would see no 30.06 sign thus they would be carrying. IMO the sign does not conform to the law of "the sign must be posted in a conspicuous manner clearly visible to the public. Its not visible when I enter through Sears cause the nearest posted entrance is 150 yards away around the corner.

I carry everytime I go in the Longview mall, just make sure its concealed well and enter through a store.

If you do carry be aware worst case you could get arrested and be charged with criminal trespass by a CHL holder. This is your choice but if you do carry and get caught do not admit that you knew it was posted, play dumb.

Re: Is this sign legally posted?

Posted: Thu Jun 13, 2013 7:12 am
by SQLGeek
nightmare69 wrote:
If you do carry be aware worst case you could get arrested and be charged with criminal trespass by a CHL holder.
Which is a Class A misdemeanor with up to a year in jail and the loss of your CHL. Everybody has to make his or her own decision but that's a fireball I'd rather not play with.

Re: Is this sign legally posted?

Posted: Thu Jun 13, 2013 7:15 am
by Wodathunkit
I see the argument for both sides, but I'm just about to the point where I will "check my gun" when the bad guy checks his.
:banghead:

Re: Is this sign legally posted?

Posted: Thu Jun 13, 2013 7:15 am
by nightmare69
SQLGeek wrote:
Which is a Class A misdemeanor with up to a year in jail and the loss of your CHL. Everybody has to make his or her own decision but that's a fireball I'd rather not play with.
It would cost alot of money to hire attorneys to prove your innocence also. I wish they would add to the law about posting the 30.06. This should be added....Sign must be posted at any and all public entrances. That would clear up the grey area for the mall.

Re: Is this sign legally posted?

Posted: Thu Jun 13, 2013 7:19 am
by knotquiteawake
nightmare69 wrote:
SQLGeek wrote:
Which is a Class A misdemeanor with up to a year in jail and the loss of your CHL. Everybody has to make his or her own decision but that's a fireball I'd rather not play with.
I wish they would add to the law about posting the 30.06. This should be added....Sign must be posted at any and all public entrances. That would clear up the grey area for the mall.
I think I would support that to help disambiguate the "conspicuously located" verabage

Re: Is this sign legally posted?

Posted: Thu Jun 13, 2013 7:41 am
by Scott in Houston
RPBrown wrote:The more I think about the 30.06 signage, i have come up with the following conclusion. Those that post them assume that we law abiding folks will be looking for said sign so they can post almost anywhere.

I mean we all know that a bad guy is going to search for the sign as well." Oh, cant rob this place they have a 30.06 sign so I can't carry my gun in there". (sarcasm off now)
I know you were being sarcastic, but I can say that if I was a bad guy, I'd look for 30.06 signs everywhere I go too.
How else can I determine the best place to commit a crime?

Re: Is this sign legally posted?

Posted: Thu Jun 13, 2013 8:19 am
by psycho_bob42
nightmare69 wrote:The 30.06 is valid but its only posted on the 3 main mall entrances, not the stores. You can legally carry into Sears for example but you cannot enter the mall.

This is the grey area, if someone from out of town with a CHL entered through a store and later entered the mall they would see no 30.06 sign thus they would be carrying. IMO the sign does not conform to the law of "the sign must be posted in a conspicuous manner clearly visible to the public. Its not visible when I enter through Sears cause the nearest posted entrance is 150 yards away around the corner.

I carry everytime I go in the Longview mall, just make sure its concealed well and enter through a store.

If you do carry be aware worst case you could get arrested and be charged with criminal trespass by a CHL holder. This is your choice but if you do carry and get caught do not admit that you knew it was posted, play dumb.
Yes, somebody who enters the mall through a store, who isnt aware of the posted signs at the main entrance, would technically be ok as long as they stayed concealed. Of course you just admitted in a public forum that you ARE aware that the mall is leagaly posted but you carry there anyway despite the fact.