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by ScottDLS
Sat Dec 17, 2016 6:29 pm
Forum: General Texas CHL Discussion
Topic: Inadvertent Entry into 30.06 Area
Replies: 29
Views: 4433

Re: Inadvertent Entry into 30.06 Area

C-dub wrote: ...
All of what you say might be completely correct. Could you please point out in the statute where notice "TO ME" is required?
I interpret it as here:
30.06
...
(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.
...
n.
Provides notice "to the person" that they are wishing to exclude. In my example...to me. The statute then goes on to define notice as a sign conspicuously placed and meeting the requirements. So you could argue that by posting the sign they are providing notice...to me, but I find that a stretch if I didn't see the sign. Meaning in my opinion it wasn't conspicuously placed... :rules:
by ScottDLS
Sat Dec 17, 2016 3:02 pm
Forum: General Texas CHL Discussion
Topic: Inadvertent Entry into 30.06 Area
Replies: 29
Views: 4433

Re: Inadvertent Entry into 30.06 Area

C-dub wrote: ...
It is not required that a person see the sign. It is only required that it be there.

Here are the relevant parts of both 30.06 and 30.07 regarding signage.

30.06
(iii) is displayed in a conspicuous manner clearly visible to the public.
...

If you didn't see it, you've got a pretty good argument that it wasn't "displayed in a conspicuous manner, clearly visible to the public".

To violate the 30.06 law requires you to enter and remain after 'receiving notice'. The notice has to be 'provided TO YOU' per the statute. And while a conspicuously displayed sign constitutes 'notice' in the statute, there's an argument as to whether it was 'provided to you' if it wasn't visible from where you entered. Or if you subsequently departed after noticing it.

So to OP question, I wouldn't be worried if I were in the situation that his friend was in. In my opinion he wasn't violating the law if he left after noticing the sign. And it would be unlikely to "take the ride" for a class C even if someone (in authority) noticed he was carrying.

I went to a restaurant the other day carrying concealed. I noticed a HUGE 30.07 sign as I walked in, so I figured I was OK. When I left, I noticed a 30.06 on the other wall that I hadn't seen coming in. You could argue I broke the law, because the 30.06 was arguably conspicuous. I didn't intend to break the law, and I won't go back there carrying, but I'm not going to go report myself to the local JP court for them to charge me...

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