Search found 3 matches

by Jim Beaux
Sat Aug 16, 2014 12:52 am
Forum: New to CHL?
Topic: Accidentally walked in a place that has a 30.06 sign
Replies: 24
Views: 7137

Re: Accidentally walked in a place that has a 30.06 sign

victory wrote:
Jim Beaux wrote: TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 30.06: TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
Search TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 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.
If they post a sign that meets the requirements they have provided notice. I get that part.
Cant receive notice if it's not provided in an effective manner; and a 30.06 posted at only one entrance 2 blocks away isnt an effective manner.
by Jim Beaux
Fri Aug 15, 2014 7:53 pm
Forum: New to CHL?
Topic: Accidentally walked in a place that has a 30.06 sign
Replies: 24
Views: 7137

Re: Accidentally walked in a place that has a 30.06 sign

victory wrote:I think it would end the arguing if you cited the case law that supercedes the statutory definition of notice in 30.06 so people could see for themselves.
Hope this will help.

I interpret this as: Gotta see the sign to receive notice.

TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 30.06: TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
Search TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 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.
by Jim Beaux
Wed Aug 13, 2014 7:44 pm
Forum: New to CHL?
Topic: Accidentally walked in a place that has a 30.06 sign
Replies: 24
Views: 7137

Re: Accidentally walked in a place that has a 30.06 sign

BigNoely wrote:Hello folks I'm new to this forum, so please be patient with me. My question is theoretical. What If you missed the 30.06 signs and walked in a place that enforces it. Do you walk straight out as fast as you can, or will alarms go off as soon as you enter? What would be the right thing to do?

Thanks,

BigNoely
Welcome to the forum. Ask all the questions you want. One of the most common statements here is "concealed means concealed". No one has the right to search you without cause and you dont have to answer any questions. If you walk into a 30.06 pretend you left something in the car & casually walk out.

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