Another Illegally Posted Business

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tex45acp
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Another Illegally Posted Business

Post by tex45acp »

Last week I was at a dinner in the Congressman Solomon P. Ortiz International Center in Corpus Christi, TX. When walking in the main door there was a sign that stated, "Licensed and Un-Licensed carry of handgins on these premises are prihibited" or something to that effect. I disreguarded the "illegal" sign and carried my gun in....of course concealed. One of the guests asked me why I was not drinking any alcoholic beverages. I just told them I was in medication that prevented me from doing so. When we were away from the main crowd, one of my colleagues asked me if I was carrying. He too holds a CHL. I said yes are you. He said no because his wife was paranoid.
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Post by txinvestigator »

There is nothing "illegal" about that sign.
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Charles L. Cotton
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Post by Charles L. Cotton »

txinvestigator wrote:There is nothing "illegal" about that sign.
Yep, it just means nothing to a CHL. :thumbsup:

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Re: Another Illegally Posted Business

Post by Paladin »

tex45acp wrote: He said no because his wife was paranoid.
He didn't have to tell her he was carrying...
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Post by jbirds1210 »

I have met and shot with many of the people on this forum...I have never one time discussed or seen the weapon that fellow members were carrying at the time. We did not discuss it. I have talked a bit about holsters but it never progressed to the point of show and tell.

I do not think I would answer that question in public unless the situation mandated itself by means of a law enforcement officer.....but that is just me.
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Post by tex45acp »

As far as my colleague asking me about carrying, he is also a good friend who is my hunting, fishing, range partner. I have known him for over 20 years. Hell...he has his CHL because of me. I trained him to shoot handguns and helped him get into the class and with all the paperwork. Telling him that I am carrying is not an issue with me.
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Re: Another Illegally Posted Business

Post by Billy99 »

I attended an event at the Solomon P. Ortiz Center last night.

No sign concerning firearms is posted.
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Re: Another Illegally Posted Business

Post by longtooth »

Welcome aboard sir. That original post was from 2006. They have removed it since then.
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Post by Moby »

Charles L. Cotton wrote:
txinvestigator wrote:There is nothing "illegal" about that sign.
Yep, it just means nothing to a CHL. :thumbsup:
Chas.
I asked once on these forums about signs like this. "NO GUNS" etc.
I was told the sign means nothing to me.

My CHL instrutor is a Dallas Cop.
He said if I've been informed that no guns are allowed then I've been informed.
According to him, they do not have to verbally inform me. The sign informed me.

Could someone clairify this for me. If I see a sign at this point I comply.
But if I do not have to I do not want to.
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Post by Jaguar »

Moby wrote:
Charles L. Cotton wrote:
txinvestigator wrote:There is nothing "illegal" about that sign.
Yep, it just means nothing to a CHL. :thumbsup:
Chas.
I asked once on these forums about signs like this. "NO GUNS" etc.
I was told the sign means nothing to me.

My CHL instrutor is a Dallas Cop.
He said if I've been informed that no guns are allowed then I've been informed.
According to him, they do not have to verbally inform me. The sign informed me.

Could someone clairify this for me. If I see a sign at this point I comply.
But if I do not have to I do not want to.
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.
What this means is there are three options available to business owners to prevent CHL holders from entering their place of business. (1) they verbally tell you in person that you cannot bring a handgun on the property. (2) they hand you a card or flier with the wording above. or (3) they post a sign as described above.

All other forms of oral or written notice are not valid per Texas law. Your instructor was wrong, no other sign is effective notice under PC §30.06. If you do carry in a gunbuster zone and are discovered, they can ask you to leave and have you arrested if you do not, but that would be under trespassing.
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Re: Another Illegally Posted Business

Post by tomtexan »

If the sign or card must be printed with the identical wording, does the oral communication need to be cited exactly as the "written communication?" Or do the words simply put "you have a gun, get out" suffice? I think the oral should be no different. And spoke in Spanish too! :?:
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Re: Another Illegally Posted Business

Post by Jaguar »

tomtexan wrote:If the sign or card must be printed with the identical wording, does the oral communication need to be cited exactly as the "written communication?" Or do the words simply put "you have a gun, get out" suffice? I think the oral should be no different. And spoke in Spanish too! :?:
Written communication is defined by the code, oral communication is not. Therefore I would presume, "you and your gun ain't welcome here" would suffice.
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Re: Another Illegally Posted Business

Post by WildBill »

Jaguar wrote:
tomtexan wrote:If the sign or card must be printed with the identical wording, does the oral communication need to be cited exactly as the "written communication?" Or do the words simply put "you have a gun, get out" suffice? I think the oral should be no different. And spoke in Spanish too! :?:
Written communication is defined by the code, oral communication is not. Therefore I would presume, "you and your gun ain't welcome here" would suffice.
:iagree: Although, "You and your gun aren't welcome here" is better English. :smilelol5:
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Jaguar
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Re: Another Illegally Posted Business

Post by Jaguar »

WildBill wrote:
Jaguar wrote:
tomtexan wrote:If the sign or card must be printed with the identical wording, does the oral communication need to be cited exactly as the "written communication?" Or do the words simply put "you have a gun, get out" suffice? I think the oral should be no different. And spoke in Spanish too! :?:
Written communication is defined by the code, oral communication is not. Therefore I would presume, "you and your gun ain't welcome here" would suffice.
:iagree: Although, "You and your gun aren't welcome here" is better English. :smilelol5:
I was going for the redneck translation. :smash: :txflag:
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Re: Another Illegally Posted Business

Post by WildBill »

Jaguar wrote:
WildBill wrote:
Jaguar wrote:
tomtexan wrote:If the sign or card must be printed with the identical wording, does the oral communication need to be cited exactly as the "written communication?" Or do the words simply put "you have a gun, get out" suffice? I think the oral should be no different. And spoke in Spanish too! :?:
Written communication is defined by the code, oral communication is not. Therefore I would presume, "you and your gun ain't welcome here" would suffice.
:iagree: Although, "You and your gun aren't welcome here" is better English. :smilelol5:
I was going for the redneck translation. :smash: :txflag:
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