Addison Oktoberfest - Improper posting

[jrene]

I just got back from the Addison Oktoberfest, which takes place at Addison Circle Park (I believe city property but am not 100% sure). At the entrance were a whole bunch of signs in red block letters saying "No Firearms Allowed" with some of those signs citing to Texas PC 30.05). Private security was wanding people, thus creating a situation where even CHL holders might be dissuaded from "dealing with it."

I believe those signs are completely unenforceable as against CHL holders, but is this an opportunity to file a complaint per the new law?

[Mel]

Unfortunately, due to the lead time required to allow the offender to correct the problem, I believe everything will be over before they can be forced to comply.

[Glockster]

I just got back from the Addison Oktoberfest, which takes place at Addison Circle Park (I believe city property but am not 100% sure). At the entrance were a whole bunch of signs in red block letters saying "No Firearms Allowed" with some of those signs citing to Texas PC 30.05). Private security was wanding people, thus creating a situation where even CHL holders might be dissuaded from "dealing with it."

I believe those signs are completely unenforceable as against CHL holders, but is this an opportunity to file a complaint per the new law?

Their city parks web page would seem to indicate that it is a city park:
http://addisontexas.net/index.php?secti ... -and-guide

[Charles L. Cotton]

Mel is probably right and the event will be over in less than three days. Nevertheless, serve notice on the city and please upload the information on www.TexasFirearmsCoalition.com. I want to track all complaints to use in 2017 to support changes in the law.

Chas.

[Friendlygunner]

I just got back from there as well, and found this forum after searching on the topic. As the OP stated, they had 30.06 signs up, and wanded me when I went in. I had returned to the parking lot to put my handgun in the car.

My thought was perhaps we could get it changed for next year. I took pictures of the signs if it will help.

[mr surveyor]

30.05 or 30.06?

just asking for clarification.


jd

[Friendlygunner]

I just checked the photo. It was in fact 30.05.

The sign read in large red letters all caps: "No firearms allowed"

Then in smaller font along the bottom: "Texas Penal Code - Sec. 30.05 Criminal Trespass"

[chasfm11]

A couple of years ago in Lewisville, they had a similar setup with private security wanding everyone and that security even telling men that they could not have pocket knives. I told them that I didn't want to be wanded. The security guy said he would call his supervisor but it was two Lewisville LEOs who actually showed up. In the end, I allowed myself to be wanded with the officers there but nothing was done when the wand sounded over my EDC and the spare mag on the other hip. While we have the new law now, it may not be a bad idea to get the PD involved. The worst that can happen is that they send you back to your car.

[NotRPB]

Sec. 30.05. CRIMINAL TRESPASS.
(f) It is a defense to prosecution under this section that:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and

(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.

http://www.statutes.legis.state.tx.us/D ... /PE.30.htm
BYKT

[Glockster]

Sec. 30.05. CRIMINAL TRESPASS.
(f) It is a defense to prosecution under this section that:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and

(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.

http://www.statutes.legis.state.tx.us/D ... /PE.30.htm
BYKT

That begs the question about what happens come January 1st. Did 30.05 change to include OC?

[ScottDLS]

Sec. 30.05. CRIMINAL TRESPASS.
(f) It is a defense to prosecution under this section that:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and

(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.

http://www.statutes.legis.state.tx.us/D ... /PE.30.htm
BYKT

That begs the question about what happens come January 1st. Did 30.05 change to include OC?

Yes. Effective 1/1.

(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and
(2) the person was carrying:
(A) a [concealed handgun and a] license issued
under Subchapter H, Chapter 411, Government Code, to carry a
[concealed] handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster.

[Glockster]

Sec. 30.05. CRIMINAL TRESPASS.
(f) It is a defense to prosecution under this section that:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and

(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.

http://www.statutes.legis.state.tx.us/D ... /PE.30.htm
BYKT

That begs the question about what happens come January 1st. Did 30.05 change to include OC?

Yes. Effective 1/1.

(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and
(2) the person was carrying:
(A) a [concealed handgun and a] license issued
under Subchapter H, Chapter 411, Government Code, to carry a
[concealed] handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster.

Yes, but I meant did they administratively change the wording in the code to incorporate OC?

[ScottDLS]

or
(ii) in a shoulder or belt holster. This was part added for OC.

[Glockster]

or
(ii) in a shoulder or belt holster. This was part added for OC.

Oh, I see. You were saying that they just added the carry method for OC, rather than to also include "open carry" in the preceding sentence. I simply looked for the term OC to be added. Didn't catch that meaning at all and it makes me wonder if LEO will also misread that.

[Friendlygunner]

I just wrote a letter to Slade Strickland, Director of Addison Parks and Rec, based on the template at the link above. I will mail this today, and uploaded the letter, two photos, and a scan of the envelope as a pdf file via the Texas Firearms Coalition upload form. The upload form didn't throw an error, but it didn't give me confirmation that the information was accepted either. I assume this is just how it works. However, if not please let me know so I can enter the information again. I had to select options for did the city respond, and did they remove the signs. I selected "no" and "yes", as I haven't heard back yet and I assume they will remove the signs until the next event. I framed the complaint as a complaint about signs posted to the entrance of Addison Circle Park, not Oktoberfest, with the thought that this might make it easier to follow up on if (when) they do the same for another event at the park, not just next year's Oktoberfest.