warnmar10 wrote: ↑Mon Jul 02, 2018 8:06 pm
Pawpaw wrote: ↑Mon Jul 02, 2018 7:17 pmDoesn't matter. If it's not 30.06 wording, it's not enforceable.
So if I join a members only private club and by signing my name under the line that says, "I have read and acknowledge all the rules and restrictions of membership and I agree to abide and be bound by the rules...," that is not considered legal notice under Texas laws and I can just ignore the gun prohibition? Cool!
Under Texas law, to be criminally liable, the written notice must conform to the exact wording in 30.06. Otherwise, all you have done is violate the membership rules.
PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.
a) A license holder commits an offense if the license holder:
(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.
(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.
(c) In this section:
(1) “Entry” has the meaning assigned by Section 30.05(b).
(2) “License holder” has the meaning assigned by Section 46.035(f).
(3) “Written communication” means:
(A) a card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun”; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.