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Apartment Complex Signage - Odd Location
Posted: Sat Jan 30, 2016 9:16 am
by exbellicus
My apartment complex just posted 30.06 and 30.07 signs in the entrance to the complex as soon as you turn off the main road. It's nowhere near any of the buildings, including my own or the building with the sales office. What does this sign mean for me (I live in a different building) as well as those who live in the same building as the sales office? I will take a picture and post it soon.
Re: Apartment Complex Signage - Odd Location
Posted: Sat Jan 30, 2016 10:49 am
by lfinsr
I don't know the legal implications but they obviously don't know how to spell "license" so technically they're invalid.
Re: Apartment Complex Signage - Odd Location
Posted: Sat Jan 30, 2016 11:04 pm
by srothstein
If we ignore the technicality on spelling, the signs make all carry under the authority of a license illegal. You can carry in your car, in your apartment, or while headed directly from one to the other. This is because all of these are not violations of the law requiring a LTC.
But it means you cannot carry while walking around the complex or using any of the common areas. This would include such things as getting your mail or going to the office or pool.
Re: Apartment Complex Signage - Odd Location
Posted: Sun Jan 31, 2016 12:32 am
by jb2012
I saw the same thing at an apartment here this week.
Re: Apartment Complex Signage - Odd Location
Posted: Sun Jan 31, 2016 8:16 am
by chasfm11
I saw a 30.07 sign on the back of the mail box shed yesterday at an apartment complex. I thought at the time "well that meets the test of every entrance because there is only one road in and out and the sign is visible as you drive in. But does one sign mean no OC in any parking area outside all the buildings? Hmmm.
Re: Apartment Complex Signage - Odd Location
Posted: Sun Jan 31, 2016 9:06 am
by crazy2medic
I was under the understanding it only pertained to the "premises" a building or a portion of a build not t he property as a whole! My understanding was they can't post an open area.
Re: Apartment Complex Signage - Odd Location
Posted: Sun Jan 31, 2016 9:47 am
by imkopaka
IANAL, but the presence of a single 30.07 sign does not meet the requirement to be posted "at each entrance" unless the road that passes the sign is the only way into the parking lot. Even then, these signs only ban guns on the "premises," which doesn't include parking lots, sidewalks, streets, lawns, etc. Only buildings and parts of buildings. IMHO since the signs are not posted at each entrance to a building, they aren't valid.
Re: Apartment Complex Signage - Odd Location
Posted: Sun Jan 31, 2016 10:21 am
by Breny414
This keeps coming up... 30.06 and 30.07 refer to property and not premises. If signed as such, visitors must secure their handguns in their vehicle before exiting their vehicle. Tenants may proceed to/from their vehicle and apartment while carrying. Neither may walk about the property while carrying. The motorist Protection Act is what applies in this case.
Hopefully, I've stated that correctly.
Re: Apartment Complex Signage - Odd Location
Posted: Sun Jan 31, 2016 10:26 am
by imkopaka
Thanks for clarifying.
Re: Apartment Complex Signage - Odd Location
Posted: Sun Jan 31, 2016 3:00 pm
by tiger1279
My apartment complex hasn't posted any signs on the property yet, but there is still no open carrying on the property in the common areas which they inform me is everything outside my apartment door. The prohibition against open carrying is contained in my lease. No mention of concealed carry so I still do that when I leave my apartment.
Re: Apartment Complex Signage - Odd Location
Posted: Mon Feb 01, 2016 6:13 am
by tiger1279
koine2002 wrote:tiger1279 wrote:My apartment complex hasn't posted any signs on the property yet, but there is still no open carrying on the property in the common areas which they inform me is everything outside my apartment door. The prohibition against open carrying is contained in my lease. No mention of concealed carry so I still do that when I leave my apartment.
IANAL, but I'd think the OC clause, unless it meets the requirements of TPC 30.07 (I guess it could qualify as a "card") is not an issue of criminal trespass but of civil lease contract. You could get evicted but you haven't broken any laws. However, IANAL and I could very well be wrong.
Whether it's a a trespass violation or a violation of the lease terms the bottom line is it could get you evicted. That is a hassle I'm not prepared to face. Anyone who lives in an apartment should be aware of the terms of their lease (which they signed) as it pertains to firearms. A restaurant or a business asking you to leave is one thing - your apartment complex asking you to leave is something else.
Re: Apartment Complex Signage - Odd Location
Posted: Mon Feb 01, 2016 9:12 am
by mr1337
crazy2medic wrote:I was under the understanding it only pertained to the "premises" a building or a portion of a build not t he property as a whole! My understanding was they can't post an open area.
Premises is mentioned in those places off limits (in 46.02 and 46.035) but 30.06 and 30.07 refers to PROPERTY, which can include outdoor areas.