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Sec. 30.05. (b)(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;




(emphasis added)

srothstein wrote:But, it is important to keep in mind the academic discussion of what the law says as opposed to how it is practiced in real life situations. In real life, you almost always have to be asked to leave while the officer is there and then still refuse.

Another example of theory v. practice is the speed limit. In real life, one is unlikely to get a ticket for driving 67 in a 65 zone.

Kythas wrote:That's for criminal trespass

Precisely! It's a "defense to prosecution" if you walk past a gunbuster sign or enter a 51% establishment that's not properly posted.

C-dub wrote:

apostate wrote: Interestingly, I know a 51% establishment that posts the 51% sign behind the bar. Does that mean it's legal to carry there, since TPC 46.035(k) has a defense if "not given effective notice under Section 411.204, Government Code."

No. Whether there is a sign posted or not it is still illegal. This part is different than 30.06 in that if there is no 30.06 sign in a place not otherwise prohibited it is not illegal. Not having a 51% sign or not having one in a conspicuous place can only be a defense to prosecution.

30.05(f) 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 concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.

Mr.ViperBoa wrote:The way I have always thought of it 'in view of the public" should mean outside where the public is before going in. I guess I am weird that way

I take it to mean displayed in an area visible to the public, as opposed to inside the restaurant kitchen or a back office, for example. Consider that Texas Government Code 411.204 says "shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c)." That's not the requirement for 30.06 notice.

Interestingly, I know a 51% establishment that posts the 51% sign behind the bar. Does that mean it's legal to carry there, since TPC 46.035(k) has a defense if "not given effective notice under Section 411.204, Government Code."