30.06 ... Your thoughts?

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camlott
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30.06 ... Your thoughts?

Post by camlott »

Ok, I am still pretty new around here. I did a search but came back with way more 30.06 info than I can possibly wade through. I apologize if this has been discussed in the past. :deadhorse:

There is a never ending discussion about the validity of 30.06 signs or the invalidity of gun buster signs (etc.) for us CHL'ers. I want to start a discussion on how you would handle these signs should you be caught carrying past one of them.

For the sake of this discussion, we are going to assume that you have been caught carrying past an invalid 30.06 sign or past a gun buster sign.

I have seen some comments around here that some would walk right on past any of these signs with no problem. (In the case of a gun buster, I don't see any gray area - perfectly fine). My question is this... Lets say you carry into a place that has a gunbuster or otherwise invalid 30.06 and are somehow "made". A person with apparent authority (store manager, employee, homeowner) tells you that you can't be in there with a gun. For those of you that would walk past an obviously invalid 30.06 etc. do you point out the fact that the sign is invalid?

Initially I thought I would point out the fact that I am licensed to carry (in the case of a gun buster) or tell them that there 30.06 sign was invalid and point out why. But after more thought, I'm not so sure that is the best thing for me to do. At the point that someone of apparent authority discovers I have a gun and tells me I can't be there with it, in my opinion I would be in violation if I don't immediately leave, even if the person of apparent authority is telling something that isn't correct (ex. Gun Buster applies to everyone etc.). Although technically they would be wrong, by telling me I "can't" be there I believe I then have received verbal/oral notice and I should be making my exit.

Just curious what everyone thoughts are especially if you are caught by an uninformed person carrying past an invalid sign or one that doesn't apply to us.

Just so there is no confusion, I am not saying that we can't perfectly legally carry in a place with a gun buster.
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bdickens
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Re: 30.06 ... Your thoughts?

Post by bdickens »

It would be pointless to point out the invalidity of the sign as you had at that point recieved notice verbally.
Byron Dickens
RPB
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Re: 30.06 ... Your thoughts?

Post by RPB »

camlott wrote: A person with apparent authority (store manager, employee, homeowner) tells you that you can't be in there with a gun. [/color]For those of you that would walk past an obviously invalid 30.06 etc. do you point out the fact that the sign is invalid?
bdickens wrote:It would be pointless to point out the invalidity of the sign as you had at that point recieved notice verbally.
After being told ORALLY that I wasn't allowed in there with a gun, I'd walk past the invalid 30.06 sign on my way out.

http://www.statutes.legis.state.tx.us/D ... .htm#30.06" onclick="window.open(this.href);return false;
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 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.

http://www.statutes.legis.state.tx.us/D ... /PE.30.htm" onclick="window.open(this.href);return false;

3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: ....
(B) a sign posted on the property that ....

The word "oral" means by mouth; "verbal" means, simply, in words -- whether by mouth or by hand, spoken or written.

If they VERBALLY communicated in a manner compliant with 30.06, (either orally or by a compliant written communication) I'd leave also.

If they "verbally" communicate by hand in sign language, in words other than those required by the law, .... I won't understand and may not leave, since I can't read sign language and would need an interpreter.
Last edited by RPB on Wed Mar 03, 2010 6:41 pm, edited 1 time in total.
I'm no lawyer

"Never show your hole card" "Always have something in reserve"
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Scott in Houston
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Re: 30.06 ... Your thoughts?

Post by Scott in Houston »

I would lift up my shirt, exposing my Glock 32 and say, "YOU WANT SOME OF THIS!?"







just kidding, I figured this thread had run its course already so came up with the exact opposite of my actual response.
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ScottDLS
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Re: 30.06 ... Your thoughts?

Post by ScottDLS »

RPB wrote:
camlott wrote: A person with apparent authority (store manager, employee, homeowner) tells you that you can't be in there with a gun. [/color]For those of you that would walk past an obviously invalid 30.06 etc. do you point out the fact that the sign is invalid?
bdickens wrote:It would be pointless to point out the invalidity of the sign as you had at that point recieved notice verbally.
After being told ORALLY that I wasn't allowed in there with a gun, I'd walk past the invalid 30.06 sign on my way out.

http://www.statutes.legis.state.tx.us/D ... .htm#30.06" onclick="window.open(this.href);return false;
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 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.

http://www.statutes.legis.state.tx.us/D ... /PE.30.htm" onclick="window.open(this.href);return false;

3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: ....
(B) a sign posted on the property that ....

The word "oral" means by mouth; "verbal" means, simply, in words -- whether by mouth or by hand, spoken or written.

If they VERBALLY communicated in a manner compliant with 30.06, (either orally or by a compliant written communication) I'd leave also.

If they "verbally" communicate by hand in sign language, in words other than those required by the law, .... I won't understand and may not leave, since I can't read sign language and would need an interpreter.
Everybody pretty much understands that the OP means "by spoken communication" when using the term "verbal". You are correct that the law in its appropriate preciseness, uses the word ORAL. Now should we launch a thread on the definition of CIVILIAN?... as it has no legal definiton in the Texas Code as far as I know...

:deadhorse:

See, I finally get to use the Dead Horse icon despite my propensity for 30.06 and "defense to prosecution" discussions... :lol: :lol: Sorry RPB, I just HAD to go there...
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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