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by Soccerdad1995
Mon Dec 19, 2016 12:06 pm
Forum: General Texas CHL Discussion
Topic: Inadvertent Entry into 30.06 Area
Replies: 29
Views: 4435

Re: Inadvertent Entry into 30.06 Area

Most likely, the hypothetical person who walked through an unposted entrance would have zero issue since they would be concealed. If someone saw their firearm somehow, they would most likely be asked to leave (either by the owner or LEO) and would have no issue if they did so.

If they were issued a ticket for the offense, and they chose to fight it, they would have at least two defenses that I can think of.

The 30.06 notices were not valid because they were not posted in a conspicuous manner, clearly visible to the public, given that a good percentage of mall visitors enter the mall through unposted store X (I'm guessing the mall owner has marketing statistics on visitor traffic flow that could be subpoenaed to prove this percentage).

The other defense would be that the person was in fact openly carrying since at least a portion of their handgun was in fact visible (as it was seen by someone). 30.07 requires signage at every entrance, and that requirement was not met since the signage was not posted at store X or at the entrance to the mall from that store.

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