TexasCHLforum.com

SCone wrote:"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"

Take notice of that little word "or" and the fact there is nothing specific that must be said to meet the letter of the law.

The whole section must be read. You quoted PC §30.06(b). Right under it is:

(c) In this section:

...(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.

SCone wrote:When someone says, "No guns" they have given notice.

Yes, when it is spoken orally by the owner of the property or someone with apparent authority to act for the owner. To be effective notice in written form--no matter what the form--it must contain "written language identical" to PC §30.06(c)(3)(A).

The folks who crafted the language for this bill that became law--at least one of whom is on this Forum--were very careful to remove any ambiguity about what does and does not constitute effective written notice for the very reason that pre-30.06 written notifications were all over the place, like old 30.05 and "gun-buster" signs, and there had to be a way to absolutely positively define what "written communication" meant to the (then) new CHL law.

SCone wrote:As a license holder, we are required to know & understand the laws surrounding our license to carry.

Absolutely. And the section of the law we are discussing has been in effect for many years. It is not new.

I freely admit that I am not a lawyer or judge, and what I state is my opinion. What I'm struggling with--and think is potentially confusing to those visitors who are new to CHL--are statements made as fact that are not corroborated by the strict language of the law.

And once again, let me repeat that I in no way condone anyone acting in contraindication to his or her company's policies. But law and company policy are two different things. A company can't choose to override PC §30.06 any more than it can choose to override the Americans with Disabilities Act or the Federal Minimum Wage.

PC §30.06 stipulates exactly what written communication is acceptable as notice. That written communication must be the exact wording shown in 30.06(3)(A) in order for your carrying of a concealed handgun under authority of GC Chapter 411, Subchapter H, to be an offense of trespass. It doesn't matter where that written communication appears, whether on a card you are given, handwritten on the back of a napkin handed to you, or in an employee manual...but it must be the correct language to be valid.

Can you be fired on the spot if a manager detects a pistol on your hip? Sure you can. In fact, Texas is a right-to-work state, and you can be terminated for any reason so long as that action doesn't represent discrimination of a protected class.

Is it wise to buck the intention of that employee manual even if its language is incorrect? In my opinion: No; it's not a good idea. Are you committing a crime if the only notification you've received is incorrectly worded written communication? Nope; you're not.

Just my IANAL two cents...