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by Winchster
Sat Dec 04, 2010 10:03 pm
Forum: New to CHL?
Topic: Signs for the CHLer
Replies: 323
Views: 158123

Re: Signs for the CHLer

Sec. 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 handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(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 holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun 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.

(d) An offense under this section is a Class A misdemeanor.

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035
This may have already been answered somewhere, but I have a question and opinion. The highlighted red portion of the above code seems to be forgotten by most people when they talk about the 30.06 signs. The way I read the statute, Paragraph A says they could hand me a business card as I entered the property with the correct verbiage on it and it counts. I believe my instructor was wrong when he said that a sheet of paper with the correct verbiage on it is a not valid. My interpretation of paragraph A says that written communication in any form with the correct verbiage counts. I say this because the section is ended with an "OR". Which in my mind means they can give me written notice in any written form OR post a sign that is compliant. Either works. Am I wrong?

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