TexasCHLforum.com

There is a discussion going on on facebook about 3006 postings.

1/2 the people think it needs to be posted on every public entrance of a building to be valid (example of a mall is going on right now.)

other 1/2 says it only has to be posted once in a conspicous place.

What says everybody here?

And wasn't there a proposed bill last year to clarify this issue?

I believe by law it has to be at every entrance.

Not as far as I read...


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 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.

Here's my opinion--

Properly posted signage must be seen by the person entering the location. One could be of the opinion that if one has seen a properly displayed sign anywhere on an entrance to a location, then one is aware of the entire location's status even if all entrances are not properly posted.

Certian malls could be an example of the above. Let's say the main entrances are properly posted. However, say a specific store has an outside entrance that's not posted and neither is that store's entrance to the mall . Should one only enter through the specific store's entrance and then into the mall, one would not be aware . However, if one has entered through the properly posted entrance at some point, it could be argued that one is aware of the proper posting of the mall areas.

The key statement here is:
"is displayed in a conspicuous manner clearly visible to the public"
It does not have to be at every entrance.

Piney wrote:Here's my opinion--

Properly posted signage must be seen by the person entering the location. One could be of the opinion that if one has seen a properly displayed sign anywhere on an entrance to a location, then one is aware of the entire location's status even if all entrances are not properly posted.

Certian malls could be an example of the above. Let's say the main entrances are properly posted. However, say a specific store has an outside entrance that's not posted and neither is that store's entrance to the mall . Should one only enter through the specific store's entrance and then into the mall, one would not be aware . However, if one has entered through the properly posted entrance at some point, it could be argued that one is aware of the proper posting of the mall areas.

Does not have to be at every entrance,
the key is "conspicuous" and once YOU see it on entrance "A", then YOU have been notified.
Simple as that.

Now if you only go in entrance "B" and have never seen the proper 30.06 posting, then you have a reasonable defense to prosecution, if it went that far.

It is what the arresting officer/s say it is. After that, you can convince the judge of the wrongfulness of your arrest.

Something my dear old mother told me, several times, if you have to ask, you know the answer. In this case if you have any question/doubt/fear, don't do it.

My personal opinion, and I see nothing in the law that says otherwise, is that the sign must be posted at EVERY public entrance, and that would include the entrance to a mall from a store that is not posted.

jimlongley wrote:My personal opinion, and I see nothing in the law that says otherwise, is that the sign must be posted at EVERY public entrance, and that would include the entrance to a mall from a store that is not posted.

I most definitely agree.

Conspicuous means conspicuous: however, I do not have the wherewithal to be the test case. I'll just shop either elsewhere or on-line....or not at all.

jimlongley wrote:My personal opinion, and I see nothing in the law that says otherwise, is that the sign must be posted at EVERY public entrance, and that would include the entrance to a mall from a store that is not posted.

Devil's advocate.....other side of that same coin. Nothing in there says it has to be, yet they are VERY specific on what the sign must say. Why would they be so specific one one and not the other?

Oldgringo wrote:

jimlongley wrote:My personal opinion, and I see nothing in the law that says otherwise, is that the sign must be posted at EVERY public entrance, and that would include the entrance to a mall from a store that is not posted.

I most definitely agree.

Conspicuous means conspicuous: however, I do not have the wherewithal to be the test case. I'll just shop either elsewhere or on-line....or not at all.

I'd rather spend my money on guns and ammo than on lawyers.

Not sure if anyone mentioned it but Parkdale Mall in Beaumont has just posted a 30.06 sign

jmra wrote:The key statement here is:
"is displayed in a conspicuous manner clearly visible to the public"
It does not have to be at every entrance.

So by that logic I would need to circle the entire mall before I could safely enter?

I think the key is: (2) received notice that:
I agree with jimlongley... My opinion is if nobody notifies me I can/should be assumed legal, however, my opinion is not worth any more or less than the other opinions here nor am I interested in being a test case.

Larry

lfinsr wrote:

jmra wrote:The key statement here is:
"is displayed in a conspicuous manner clearly visible to the public"
It does not have to be at every entrance.

So by that logic I would need to circle the entire mall before I could safely enter?

I think the key is: (2) received notice that:
I agree with jimlongley... My opinion is if nobody notifies me I can/should be assumed legal, however, my opinion is not worth any more or less than the other opinions here nor am I interested in being a test case.

Larry

No not at all. It means if/when you see the sign you are no longer legal to carry. The law is what it is. It is up to you how you wish to interpret it.