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by A-R
Sat Jul 31, 2010 3:58 pm
Forum: New to CHL?
Topic: Signs for the CHLer
Replies: 323
Views: 158107

Re: Signs for the CHLer

W42, welcome aboard!

Check around Seton @ 38th because I believe there is at least one valid 30.06 sign posted there at one of the entrances. Other entrances have the outdated 4413(29ee) sign, then there's the sign you've posted. It's a hopeless mismatch of postings. Concealed means concealed. Carry at your own risk. You might beat the rap, but not the ride etc. .....basically, do what you're comfortable doing but remember what Suzanna Hupp told Congress: "I would much rather be sitting in jail with a felony offense on my head and have my parents alive"

As for this particular sign, I don't even see how it meets the requirements of the statutes it notes in your second photo. I also don't understand why PC 411.204(b) hasn't been removed from the law because it appears to require hospitals to post a sign that is no longer enforceable (might mention this in the 2011 legislative prep thread).

37 Texas Administrative Code 6.4 I can't find anywhere ... http://info.sos.state.tx.us/pls/pub/rea ... ew=2&ti=37" onclick="window.open(this.href);return false;

http://www.statutes.legis.state.tx.us/?link=PE" onclick="window.open(this.href);return false;
GC 411.204 wrote:Sec. 411.204. NOTICE REQUIRED ON CERTAIN PREMISES. (a) A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c).(b) A hospital licensed under Chapter 241, Health and Safety Code, or a nursing home licensed under Chapter 242, Health and Safety Code, shall prominently display at each entrance to the hospital or nursing home, as appropriate, a sign that complies with the requirements of Subsection (c) other than the requirement that the sign include on its face the number "51".(c) The sign required under Subsections (a) and (b) must give notice in both English and Spanish that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height. The sign shall be displayed in a conspicuous manner clearly visible to the public.(d) A business that has a permit or license issued under the Alcoholic Beverage Code and that is not required to display a sign under this section may be required to display a sign under Section 11.041 or 61.11, Alcoholic Beverage Code.(e) This section does not apply to a business that has a food and beverage certificate issued under the Alcoholic Beverage Code.
I fail to see how the wording "It is unlawful to carry a handgun on these premises" meets the requirements of PC 411.204 (c). The sign is supposed to look identical to a 51% sign without the red 51%.
by A-R
Mon Jul 26, 2010 3:51 pm
Forum: New to CHL?
Topic: Signs for the CHLer
Replies: 323
Views: 158107

Re: Signs for the CHLer

joe817 wrote:The wording of the sign does. "Article 4413 (29ee)" is not in the current Statutes...therefore obsolete and not enforceable.
The DPS attorney at the most recent instructor class said clearly in answer to a direct question about this "old wording" that such signs are in fact "effective notice" and "enforceable" and carrying past such signs is illegal.

I happen to disagree with her legal opinion, but thought I'd share it with the rest of you so you can make your own judgments.

As far as I'm concerned, if I have to go learn the new laws every few years and be recertified/re-licensed to carry, then the property owners are under the same obligation to learn about changes to the law and adjust their signs accordingly. Turn this all around and it would be like a CHLee walking past a new 30.06 sign and saying "but I thought only the "Article 4413 (29ee)" sign was valid because that's what I learned in my first CHL class. What's good for the goose ....
by A-R
Tue May 18, 2010 11:53 pm
Forum: New to CHL?
Topic: Signs for the CHLer
Replies: 323
Views: 158107

Re: Signs for the CHLer

I agree. Well done sirs. :tiphat:

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