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Does anyone have First Hand knowledge of some one being charged with either willful or accidental violation of a 30.06 sign?

I have no plans to do so, and am merely curious.

Thanks in advance for the information...

alphonso wrote:Does anyone have First Hand knowledge of some one being charged with either willful or accidental violation of a 30.06 sign?

I have no plans to do so, and am merely curious.

Thanks in advance for the information...

There is another thread on 2008 convictions. 0 convictions for violating a 30.06 posting according to DPS for that year.

IMHO:

We should all abide by the intention of a 30.06 posting and leave
our handguns in our vehicles.

But for that small minority of CHL's who might to choose to ignore
a 30.06, as long as their handgun is properly concealed, and they do
not draw attention to themselves, or have the bad luck to be asked
by a LEO for ID, the chances of being arrested for a 30.06 violation
are pretty slim.

If I see a 30.06, the EDC and BUG stay in the truck. YMMV.

SIA

alphonso wrote:Does anyone have First Hand knowledge of some one being charged with either willful or accidental violation of a 30.06 sign?

I have no plans to do so, and am merely curious.

Thanks in advance for the information...

Here is an old thread about a woman who was arrested, but ulitmately the DA did not prosecute.

viewtopic.php?f=7&t=12754&hilit=bedford&start=105" onclick="window.open(this.href);return false;

Keep in mind that police officers attempt to enforce the law. If the law permits a store owner to post his shop asking that handguns be precluded, then they will arrest and allow the courts to make the decision of the legality of the sign. In the mean time you have run up a defense bill with your friendly neighborhood attorney. The folks at Casa Manana might not know that their sign is not legally binding, and the police might not either, but the folks there THINK it is. So, act and make wise decisions accordingly.

gdanaher wrote:Keep in mind that police officers attempt to enforce the law. If the law permits a store owner to post his shop asking that handguns be precluded, then they will arrest and allow the courts to make the decision of the legality of the sign. In the mean time you have run up a defense bill with your friendly neighborhood attorney. The folks at Casa Manana might not know that their sign is not legally binding, and the police might not either, but the folks there THINK it is. So, act and make wise decisions accordingly.

OK, but the law doesn't allow for posting just any old sign (to make CHL carry a criminal violation). It is quite specific as to what constitutes NOTICE. If you don't receive notice as defined in the statute, you are not breaking the law, regardless of the owner's intent. So if the proper sign is not posted then the police are not following the law by arresting someone and "letting the judge sort it out".

...being a former LEO, I'd like to believe that FAR more LEOs are professional enough to KNOW that you've broken a law before making a charge on the booksthan slap you with something and leave their reputation hanging out...I never made an arrest I wouldn't take before a judge that day and show him that the customer'd broken this point and that point...never once did I have a case found not guilty...I'd be very surprised if an officer made a bad arrest in Texas...I know it's common in La, but that's a different world...LEOs here seem much better educated on the law and I don't live in fear...neither can I afford an attorney to represent me on any improperly laid charges...I'd have to find someone to take it on contingency...so I just follow the law and don't fret it....

ScottDLS wrote:

gdanaher wrote:Keep in mind that police officers attempt to enforce the law. If the law permits a store owner to post his shop asking that handguns be precluded, then they will arrest and allow the courts to make the decision of the legality of the sign. In the mean time you have run up a defense bill with your friendly neighborhood attorney. The folks at Casa Manana might not know that their sign is not legally binding, and the police might not either, but the folks there THINK it is. So, act and make wise decisions accordingly.

OK, but the law doesn't allow for posting just any old sign (to make CHL carry a criminal violation). It is quite specific as to what constitutes NOTICE. If you don't receive notice as defined in the statute, you are not breaking the law, regardless of the owner's intent. So if the proper sign is not posted then the police are not following the law by arresting someone and "letting the judge sort it out".

I believe that you are correct. The law does allow; however, your day in court where, along with your attorney and his associates, you can show the LEO and the judge the error of their ways.

Is this a great country or what?

surprise_i'm_armed wrote:IMHO:

We should all abide by the intention of a 30.06 posting and leave

Fixed it for you.

Spend the money somewhere else!

If they don't want me in their place than they must not want my $$

The way I see it, they are just saying that I am not welcome so I just go down to the next store. Gun free store is a me free store.

In the past ten years, I've only seen two actually valid 30.06 signs: one at a hospital and one at Kay's Jewelers. I couldn't avoid going to the posted hospital, so the gun stayed in the car. I've made it a point, like many, to never give KJ a dime of my money.

But in the realm of "honest attempt but invalid" 30.06 signs, I just ignore them, just like I ignore a "no shirt/no service" sign when I'm fully clothed. They simply don't apply to me. And especially after carrying openly for many years in Colorado and Virginia, I've learned that there are many places posted with no-gun signs that do so only out of a corporate policy mandate, or out of an insurance liability standpoint, or out of pure and simple lack of knowledge about the community of law-abiding gun owners. I was never asked to leave a single place in all those years of OCing, but there were many times where a manager or other employee asked about my carrying and was then receptive, or at least accepting of it. Who knows; there may be more places than we realize which are posting ever-so-slightly incorrect 30.06 signs, knowing it satisfies the fearful soccer mom at a casual glance but allows a CHL to walk past freely. I'd like to hope the general, non-CHL business owner is clever and freedom loving enough to do that

denwego wrote:...Who knows; there may be more places than we realize which are posting ever-so-slightly incorrect 30.06 signs, knowing it satisfies the fearful soccer mom at a casual glance but allows a CHL to walk past freely. I'd like to hope the general, non-CHL business owner is clever and freedom loving enough to do that

...and the Texas CH licensee is clever enough to realize it and leave well enough alone...

Oldgringo wrote:...and the Texas CH licensee is clever enough to realize it and leave well enough alone...

We hope so.

Thanks for all the replies folks.

I'm still wondering about an actual case of someone being prosecuted for violating a 30-06 sign...