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improper &/or Give notice ?
Posted: Tue Sep 14, 2010 10:44 am
by arsonist4him
I'm confused by a sign. The Sportsplex @ Valley View in Dallas is a sports facility that has basketball, baseball, volleyball & other sports inside. The 30.06 sign looks wrong. The letters aren't big enough & other things missing per the Tx/DPS law. It looks like it might be an old sign. However, it has "Private Property" above the sign. This looks like it might fall under being informed by the owner rule. Do I carry or not? I didnt because after looking the CHL laws, this sign seemed to create a gray area & i didnt want to risk it.
Re: improper &/or Give notice ?
Posted: Tue Sep 14, 2010 10:50 am
by Teamless
It is not an enforceable sign, you are correct. it does not meet all of the criteria.
I cannot measure the size of font from here, but I can say it does not have it in English and Spanish.
Re: improper &/or Give notice ?
Posted: Tue Sep 14, 2010 10:54 am
by dicion
As said, It's clearly not large enough, and is missing the Spanish required language.
It IS the proper English wording though, not the old one.
Re: improper &/or Give notice ?
Posted: Tue Sep 14, 2010 10:59 am
by arsonist4him
I thought that the sign was wrong / old version due to letter size (not 1/2" lettering). However, does it meet the criteria of being notified by the owners of the property & thus we cannot carry on the property?
Re: improper &/or Give notice ?
Posted: Tue Sep 14, 2010 11:04 am
by dicion
arsonist4him wrote:I thought that the sign was wrong / old version due to letter size (not 1/2" lettering). However, does it meet the criteria of being notified by the owners of the property & thus we cannot carry on the property?
Negative, it does not meet the definition of 'notice' as defined by TPC Section 30.06!
Therefore Carry is not illegal at this location.
The lettering has to be a full 1" Tall, not 1/2". If the lettering is not 1" Tall or taller, it doesn't count.
Carry away!

Re: improper &/or Give notice ?
Posted: Tue Sep 14, 2010 11:12 am
by bdickens
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.
(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.
Why make it harder than it needs to be?
Re: improper &/or Give notice ?
Posted: Tue Sep 14, 2010 11:26 am
by pbwalker
dicion wrote:It IS the proper English wording though, not the old one.
You sure about that? I don't recall anything in my CHL class pertaining to 30.06 and "Subchapter M, Chapter 4## Government Code"
Looks to me like it IS the old sign...
Re: improper &/or Give notice ?
Posted: Tue Sep 14, 2010 2:03 pm
by dicion
pbwalker wrote:dicion wrote:It IS the proper English wording though, not the old one.
You sure about that? I don't recall anything in my CHL class pertaining to 30.06 and "Subchapter M, Chapter 4## Government Code"
Looks to me like it IS the old sign...
It says "Subchapter H, Chapter 411, Government Code" which is the correct reference on a current 30.06 sign.
http://www.txdps.state.tx.us/administra ... osting.htm" onclick="window.open(this.href);return false;
The old Sign would reference Revised Vernon's Statutes.
Re: improper &/or Give notice ?
Posted: Tue Sep 14, 2010 2:13 pm
by pbwalker
dicion wrote:pbwalker wrote:dicion wrote:It IS the proper English wording though, not the old one.
You sure about that? I don't recall anything in my CHL class pertaining to 30.06 and "Subchapter M, Chapter 4## Government Code"
Looks to me like it IS the old sign...
It says "Subchapter H, Chapter 411, Government Code" which is the correct reference on a current 30.06 sign.
http://www.txdps.state.tx.us/administra ... osting.htm" onclick="window.open(this.href);return false;
The old Sign would reference Revised Vernon's Statutes.
Ahh, I stand corrected. I didn't see the .30-06 and thought the 4### was the dreaded 4413 (or whatever it was).
You've got some good eyes! I was staring at the screen like this:

Re: improper &/or Give notice ?
Posted: Tue Sep 21, 2010 8:47 pm
by El_Tortuga
arsonist4him wrote:I'm confused by a sign. The Sportsplex @ Valley View in Dallas is a sports facility that has basketball, baseball, volleyball & other sports inside. The 30.06 sign looks wrong. The letters aren't big enough & other things missing per the Tx/DPS law. It looks like it might be an old sign. However, it has "Private Property" above the sign. This looks like it might fall under being informed by the owner rule. Do I carry or not? I didnt because after looking the CHL laws, this sign seemed to create a gray area & i didnt want to risk it.
I hate that place but must go frequently (one of my kids works out their with their team). My 7 yr old pickup has been broken into twice!!! Definitely a seedy neighborhood.

Re: improper &/or Give notice ?
Posted: Wed Sep 22, 2010 3:26 pm
by glbedd53
A seedy neighborhood. That makes it even more stupid. What better place to have legal CHL holders than a bad area.
Re: improper &/or Give notice ?
Posted: Wed Sep 22, 2010 9:40 pm
by TxSheepdog
I thought you weren't allowed to carry at sporting events? Or is that just matches, and not YMCA style open courts...
Re: improper &/or Give notice ?
Posted: Wed Sep 22, 2010 9:45 pm
by dicion
TxSheepdog wrote:I thought you weren't allowed to carry at sporting events? Or is that just matches, and not YMCA style open courts...
"Professional Sporting events", or School Events on school property (high school games count here).
Now if you can find a definition of a 'professional sporting event', I'd be very impressed, because it doesn't exist in the statutes
Technically, by definition, a 'professional' is anyone who gets paid to do it.
a : participating for gain or livelihood in an activity or field of endeavor often engaged in by amateurs <a professional golfer>
b : having a particular profession as a permanent career <a professional soldier>
c : engaged in by persons receiving financial return <professional football>
So my non-legal opinion right now, is, if people are playing a sport, and getting paid to do it, it's a pro sporting event.
If this is a YMCA type facility, and these are just recreational games, I think it's fine.
Re: improper &/or Give notice ?
Posted: Wed Sep 22, 2010 11:27 pm
by El_Tortuga
Its a commercial sports facility, not a professional arena.
Re: improper &/or Give notice ?
Posted: Thu Sep 23, 2010 8:02 am
by flb_78
The sign is enforceable.
It very clearly states no food or drink, loitering, or soliciting.
