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by ArlingtonGunAcademy
Sun Oct 23, 2011 12:52 pm
Forum: General Texas CHL Discussion
Topic: Verizon Theater GP - Pending
Replies: 66
Views: 17240

Re: Verizon Theater GP - Pending

I was just at the Verizon Theatre GP last night.

They do have a 30.06 sign posted now, on the right side of the doors, next to the "no video recording devices" sign. However, it is about 5x7" in size.

This sign is not legally binding to CHL. You could be prosecuted for carrying into the theatre however, your defense to prosecution would be that you were not given proper notification via PC 30.06, since the size of the sign does not comply with section B,ii.:
  (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.

It is a defense to the offense of unlawful carrying of a handgun by license holder if the actor was not given effective notice under Section 30.06, Penal Code.
A person receives notice under Section 30.06, Penal Code, 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.
“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.

Although the statute does not label this explicitly as a “defense,” it is treated as a defense under PC § 2.03(e).

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