30.06 Posting at Bank

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P_Pac
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30.06 Posting at Bank

#1

Post by P_Pac »

I went to Southwestern National bank in Downtown Houston today and saw a posting. It has the correct wording, english and spanish, size seems to be legit. They use the white letter on a glass door (one the side, next to the main glass door) in which they use a white sticker for the letters.

I was wondering if this is legit. What does "contrasting colors" suppose to be? Is the white letter on glass considered contrasting colors?

Thanks
P_Pac



§ 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.
Last edited by P_Pac on Tue Jan 23, 2007 1:10 am, edited 1 time in total.

Commander
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#2

Post by Commander »

P-Pac, you don't say which town this bank is in.

The white letters on glass type sign is pretty common. As to whether its legal or not may take a court case to determine as there is no definition of what constitutes contrasting colors.
"Happiness is a warm gun" - The Beatles - 1969


Commander

Topic author
P_Pac
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#3

Post by P_Pac »

S&W6946 wrote:P-Pac, you don't say which town this bank is in.

The white letters on glass type sign is pretty common. As to whether its legal or not may take a court case to determine as there is no definition of what constitutes contrasting colors.
Oops. Sorry. Post edited. It sounds like it's legal, huh?

BlakeTyner
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#4

Post by BlakeTyner »

You certainly don't want to be the test case.

I don't travel a whole heck of a lot, so my experience is pretty much limited to NE Texas, but even in a place as gun friendly as Jefferson/Marshall/Longview, banks seem to always have 30.06 postings; even the local one here in town has it. I suppose people get their panties in a bunch to even consider a gun in a bank, regardless of how law-abiding the person carrying said gun happens to be. It's sad.

At any rate, I use the drive through.
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longtooth
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#5

Post by longtooth »

Lufkin here & my bank is not posted. I guess I need to make the rounds & see if any others are. Shure would hate to have to deal w/ that issue since the folks there are all good friends.
But I would. :cry:
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stevie_d_64
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#6

Post by stevie_d_64 »

"contrasting background" has appeared to be a challenging issue for businesses that post 30.06...

The Houston Police Department HQ downtown has had the same issue...The notice has been removed, and I believe (since I don't work downtown anymore) it has been removed, and posted inside on a placard (easle, sp?) that can be moved around when they wax the floors or something...So I think they are good now...

I know my credit union posts their facilities, but the sign is legit and conforms to the requirements per the law...They post theirs down low and on a dark "tinted" glass...And its easy to see before you get up to the entrance...

I would believe that if you notice it somewhat, and if the only issue that it is hard to see, but you see it anyway...Their intent is clear, and that you'd be hard pressed to fight that battle and win...

Its been a frustrating factor in Texas and the CHL community, and everyone has a take on how they handle it...For the most part, it makes for good discussion and debate...And everyone comes out of it much more in tune with the issue...And thats a positive in my book...
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KBCraig
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#7

Post by KBCraig »

BlakeTyner wrote:I don't travel a whole heck of a lot, so my experience is pretty much limited to NE Texas, but even in a place as gun friendly as Jefferson/Marshall/Longview, banks seem to always have 30.06 postings; even the local one here in town has it.
I'm a bit more north and east, and they're not a problem in the Texarkana area. The only two businesses here with compliant 30.06 notices are Christus-St. Michael hospital, and Red River FCU. (At least that I've seen; can't say that there's not another one out there, but it would have to be a small business.)

Hibernia banks used to have a non-compliant sign that was a generic gunbusters symbol with wording to the effect of "firearms are prohibited on these premises". Since they were bought out by Capital One, all traces of those signs were removed.

kw5kw
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#8

Post by kw5kw »

BlakeTyner wrote:You certainly don't want to be the test case.

I don't travel a whole heck of a lot, so my experience is pretty much limited to NE Texas, but even in a place as gun friendly as Jefferson/Marshall/Longview, banks seem to always have 30.06 postings; even the local one here in town has it. I suppose people get their panties in a bunch to even consider a gun in a bank, regardless of how law-abiding the person carrying said gun happens to be. It's sad.

At any rate, I use the drive through.
Is that because, with the rash of bank robberies lately, the bank owners don't want to run the risk of anyone getting hurt during a bank robbery, just askin'?

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4t5
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#9

Post by 4t5 »

I think that white lettering on clear glass does not meet the requirement of "contrasting colors". Clear glass has no color. I guess it would depend on the legal definition of "color". I generally ignore these signs.

KBCraig
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#10

Post by KBCraig »

4t5 wrote:I think that white lettering on clear glass does not meet the requirement of "contrasting colors". Clear glass has no color.
The glass on most business does have color. In every case I've seen of white letters on glass, it's on tinted glass, and stood out quite clearly.

srothstein
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#11

Post by srothstein »

I have to agree with Kevin on the contrast color issue.

But, I also want to point out that the intent of the law would be how they decide this issue in a court case. If you noticed the sign, that would meet the intent of the law that it be noticeable and legible. I would also think you would lose the case if you ignored the sign you admitted seeing.

I would think you would lose if the sign were proper except [abbreviated profanity deleted] rthe size of the letters too, even though the law is explicit on the specifications in this area. Again, if you see it and read it, then I would think the court would rule against you.

As for the Houston Police HQ, I would hope they removed the sign because it is not applicable. They can no longer legally post government owned or leased buildings, so the HPD is legal to carry. Of course, I never did understand why they would post a police station anyway. After all, where is the one place that should be safe and have enough armed and alert people to stop if a maniac did get in?
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#12

Post by KBCraig »

I must confess that one time I didn't see white letters on tinted glass until I was already inside.

I was sitting in a credit union, glanced up and saw the backside of the notice. I puzzled how in the world I had missed it, when a customer approached the door, and the notice disappeared.

It was a sliding door, and the 30.06 notice slid right behind a large display beside the door. Because of the traffic in and out, the door was already open when I'd approached it on the way in. No way I could have seen or known about the sign.

I'd already decided they didn't really want my business, and that sealed the deal.

Kevin

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#13

Post by Commander »

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.

The way I read this, if the letters are not 1 inch in height, its not a valid sign. The law specifically identifies the size of lettering. It is not clear at all on what "contrasting colors" are. I would think that contrasting colors would be subject to local interpretation while the size lettering is easily resolved with a ruler. If not 1 inch they don't meet the requirement for a valid sign.
"Happiness is a warm gun" - The Beatles - 1969


Commander

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#14

Post by Will938 »

Cyfair Credit Union off FM529 is not posted, I was kind of amazed. They probably thought I was nuts looking all over their doors.
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jimlongley
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#15

Post by jimlongley »

S&W6946 wrote:The way I read this, if the letters are not 1 inch in height, its not a valid sign. The law specifically identifies the size of lettering. It is not clear at all on what "contrasting colors" are. I would think that contrasting colors would be subject to local interpretation while the size lettering is easily resolved with a ruler. If not 1 inch they don't meet the requirement for a valid sign.
While I agree with you, I must point out that the DPS and AG people that I emailed with a while back felt that as long as the letters were something close to an inch it showed a good faith effort to post, and after all their intent was clear, and would I like to be a volunteer to be a test case?

When I responded that I would like to use the same rationale when stopped for speeding, that as long as I was going in the 60s it showed an effort to comply, etc. The young ladyI was talking to didn't take too kindly to that.
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