TexasCHLforum.com

Scenerio:

I have been shopping at Jim's Grocery. With all the hype of OC Jim post both legal signs.

You ignore the sign and CC anyways. Your firearm was noticed why reaching to the top shelf. Jim sees it and calls police. They right you up for Class C. You pay the fine everything is okay.

Two weeks go by and off to Joe's Grocery. Signs still there you ignore it. This time you bend down and part of your holster is exposed and Jim calls the police. Same officers again.

What happen now? Another ticket or jail with a Class A
misdemeanor? Or ___________ (fill in the blank).

It will be a Class A according to Charles because the cops have given you effective notice.

amaly23 wrote:It will be a Class A according to Charles because the cops have given you effective notice.

Actually, in this instance, the sign has given effective notice. The cops are there to enforce the law by dealing with a lawbreaker. Considering it's your second offense at the same location, I can see justification for a class "A" charge.

Be aware that even though it's only a class C you may still take a ride. Not worth it IMO.

nightmare69 wrote:Be aware that even though it's only a class C you may still take a ride. Not worth it IMO.

I would have to guess that nightmare69 is right. Second offense (What is it even called? Wrongful carry?) for a "carrying" violation in a month will most likely get you more attention than two moving violations in a month. Right or wrong, I would not be surprised by a ride on the second interaction. Might not happen, but I would budget for it.

I could be wrong but I thought I read something like if you accumulate 3 of these in a specific period of time, then it becomes a class A.

Do not break the law, and please don't push the envelope with this. You will do yourself and other chl'ers great disservice.

I don't think the OP is suggesting that any carry past a legal sign. He's just throwing a "what-if" out there.

But, what I'm trying to figure out is what happened to Jim?

parabelum wrote:Do not break the law, and please don't push the envelope with this. You will do yourself and other chl'ers great disservice.

A potentially valid cause, absolutely the wrong battlefield.

I assume the original question is hypothetical, for information.

If there's a riot in progress and I shelter in a building posted 30.06, I don't think I'd disarm to stay on the right side of 30.06.

Unlawfully entering a building for convenience, not going to do that.

Personally, I'm starting to doubt my notions of property rights and concealed carry. Does a business have a right to refuse entry, please pardon this hideous image, if I discreetly wear a thong? I enter a restaurant with my first amendment intact, regulated in practice by the business's taste and responsibility, but I don't leave the Constitution at the door. If the business doesn't want to see guns (or thongs), they have that right. But concealed? My concealed carry is a foundation garment, for crying out loud!

If there is any validity to that line of thought, the venue to act is via mail, with legislators, not via criminal trespass.

Thing a thong of thixpenth, a pocket full of pyrodexth...

parabelum wrote:Do not break the law, and please don't push the envelope with this. You will do yourself and other chl'ers great disservice.

If driving to this grocery store, make sure you come to a complete stop at all stop signs, BEHIND THE LINE!! Make sure you set the cruise control to 5 under the posted speed limit just in case your speedometer is off a bit. Signal well in advance of making all lane changes and turns. And wear your seatbelt at all times.

[deleted by me - misread the OP]

Soccerdad1995 wrote:

parabelum wrote:Do not break the law, and please don't push the envelope with this. You will do yourself and other chl'ers great disservice.

If driving to this grocery store, make sure you come to a complete stop at all stop signs, BEHIND THE LINE!! Make sure you set the cruise control to 5 under the posted speed limit just in case your speedometer is off a bit. Signal well in advance of making all lane changes and turns. And wear your seatbelt at all times.

And for the love of all things holy, if you're setting your cruise control to 5 under....stay out of the left hand lane!!!

I don't get it. My plan is obey gun law. Live to fight where it matters, with the legislature. Sounds like y'all are making fun of the idea.

Please don't make us all look bad!

treadlightly wrote:I don't get it. My plan is obey gun law. Live to fight where it matters, with the legislature. Sounds like y'all are making fun of the idea.

Please don't make us all look bad!

Lighten up a bit. I didn't get the jest that anyone was mocking the topic, we are all on board (minus the OCT nuts) that pushing the legal issue to its maximum point of absurdity is, well, absurd.

Are we all a bit edgy heading into the 2016, maybe it's the first week back to work after the break?

Based on the way that HB 910 amended 30.06, I don't see how the situation presented could result in anything other than a second Class C misdemeanor.

An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.

In my opinion, it doesn't appear that receiving prior oral notice, or even a previous Class C under 30.06, could elevate the offense to a Class A on a subsequent event.

I also don't think that there could be any type of "end around" case through 30.05 (criminal trespass), because 30.05 has a specific defense for cases where entry is barred based on a licensed individual carrying a handgun.

It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster.