NotRPB posted the text from 30.05 on the previous page, and as I understand it "defense to prosecution" is different than "exempts you from 30.05". As I understand it, they can arrest you and charge you, but you have a defense you can make during the trial. Assuming I'm reading this correctly, the 30.05 signs are not in violation of the law, and in using them cities could arrest CHL holders for entering, even though they will likely fail to get a criminal conviction.RoyGBiv wrote:I'm confused.
This event was posted with 30.05 signs. I would have walked up to security and let them wand me. If they asked any questions or wanted to see my gun, i would have requested they bring an officer over, much like the State Fair a few years ago.
As someone already pointed out, a CHL excepts you from 30.05.
If they did not post 30.06 then they did not violate the new law.
If they did not inform you explicitly that your CHL was unwelcome, they did not violate the new law.
What am I missing?
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Return to “Addison Oktoberfest - Improper posting”
- Tue Sep 22, 2015 11:18 am
- Forum: General Texas CHL Discussion
- Topic: Addison Oktoberfest - Improper posting
- Replies: 39
- Views: 10344
Re: Addison Oktoberfest - Improper posting
- Mon Sep 21, 2015 5:40 pm
- Forum: General Texas CHL Discussion
- Topic: Addison Oktoberfest - Improper posting
- Replies: 39
- Views: 10344
Re: Addison Oktoberfest - Improper posting
Should I toss the letter I wrote? The envelope is addressed and stamped, but I didn't get it in the mailbox in time today. Is it worth sending to see how they reply?
- Mon Sep 21, 2015 5:15 pm
- Forum: General Texas CHL Discussion
- Topic: Addison Oktoberfest - Improper posting
- Replies: 39
- Views: 10344
Re: Addison Oktoberfest - Improper posting
I can't speak for the OP, but when I first saw the sign II was going to go in as I was (legally carrying). When I looked closer I saw what I mistook for a 30.06 warning. At that point I went back to the car and left the gun there. I knew the city didn't have a right to post a 30.06 sign after reading about Houston being sued over signs at the zoo, but I didn't want to push the issue there. Next year if they have the same sign I'll go on in as I have at the state fair and present my chl. At this point they will either give me a verbal warning or let me through.
- Mon Sep 21, 2015 12:58 pm
- Forum: General Texas CHL Discussion
- Topic: Addison Oktoberfest - Improper posting
- Replies: 39
- Views: 10344
Re: Addison Oktoberfest - Improper posting
I just wrote a letter to Slade Strickland, Director of Addison Parks and Rec, based on the template at the link above. I will mail this today, and uploaded the letter, two photos, and a scan of the envelope as a pdf file via the Texas Firearms Coalition upload form. The upload form didn't throw an error, but it didn't give me confirmation that the information was accepted either. I assume this is just how it works. However, if not please let me know so I can enter the information again. I had to select options for did the city respond, and did they remove the signs. I selected "no" and "yes", as I haven't heard back yet and I assume they will remove the signs until the next event. I framed the complaint as a complaint about signs posted to the entrance of Addison Circle Park, not Oktoberfest, with the thought that this might make it easier to follow up on if (when) they do the same for another event at the park, not just next year's Oktoberfest.
- Sun Sep 20, 2015 9:51 pm
- Forum: General Texas CHL Discussion
- Topic: Addison Oktoberfest - Improper posting
- Replies: 39
- Views: 10344
Re: Addison Oktoberfest - Improper posting
I just checked the photo. It was in fact 30.05.
The sign read in large red letters all caps: "No firearms allowed"
Then in smaller font along the bottom: "Texas Penal Code - Sec. 30.05 Criminal Trespass"
The sign read in large red letters all caps: "No firearms allowed"
Then in smaller font along the bottom: "Texas Penal Code - Sec. 30.05 Criminal Trespass"
- Sun Sep 20, 2015 9:30 pm
- Forum: General Texas CHL Discussion
- Topic: Addison Oktoberfest - Improper posting
- Replies: 39
- Views: 10344
Re: Addison Oktoberfest - Improper posting
I just got back from there as well, and found this forum after searching on the topic. As the OP stated, they had 30.06 signs up, and wanded me when I went in. I had returned to the parking lot to put my handgun in the car.
My thought was perhaps we could get it changed for next year. I took pictures of the signs if it will help.
My thought was perhaps we could get it changed for next year. I took pictures of the signs if it will help.