30.06

[howdy]

I apologize if this has been brought up before, but I believe there is some confusion on the 30.06 section of Texas CHL law. I may be the one that is confused. I see where people discuss the size of the sign or if it is given in Spanish, but I believe that little "or" at the end of section A is very important.


"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 govemmental 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.

[RPB]

Soooo you are interpreting that a business card sized sign taped to the front window still constitutes effective notice if posted by one in authority/apparent authority ...

Interesting, and scary, though I do see that point of view considering the "or".

That's scary, I don't think that was the intent, but that is what they wrote, isn't it.

[boomerang]

Logic suggests they hand you the card or other document. Hiding it in a drawer is not notice, imho.

[RPB]

Logic suggest they hand you the card or other document. Hiding it in a drawer is not notice, imho.

True, I think the intent was a card handed to a person, or a big sign posted ... but the font size isn't specified on the card, so I guess a business sized card could be taped to the door or window if they can fit all the required language on it.

[boomerang]

But then it would be a "sign"

[RPB]

yup, a non-compliant sign

I've never been anywhere there was a valid sign, but think what I'll do if some posted place has something I ABSOLUTLY have to have ...(Otherwise I wouldn't shop there)

I'll stand at the door, stick my head in ... or probably my whole body except one foot if I need the air conditioning ... and have them bring me my order and pay them there and wait for my receipt from the cashier while I hang my foot out the door.

(1) "Entry" has the meaning assigned by Section 30.05(b).
30.05(b)(1) "Entry" means the intrusion of the entire body.

[A-R]

some similar and relevant discussion of the "or" situation in 30.06 in this thread .... http://www.texaschlforum.com/viewtopic. ... 0.06+movie" onclick="window.open(this.href);return false;

[bdickens]

must ... not ... reply...