I think this is a non-issue that will make the property owners feel better but does nothing. As I stated before, and someone has posted from Charles also, that 30.06 does not apply to the gun in your car. It is not illegal so you do not need the exception tot he law provided by CHL. So, when in a car you are not carrying under the authority of your CHL and 30.06 does not apply.
I also added that 30.05 does not apply to the person with a CHL and pistol. And since this was in place before MPA, it does not reference carrying under your CHL authority, it just says that 30.05 isn't valid against a CHL.
Now I would have to admit that 30.05 signs would cover anyone with a rifle or shotgun in the car, even if they also have a CHL. That part does seem to be covered.
In answer to one of the other questions, I think that the property owner can post the lot or building, even if the tenant does not. The laws on trespass all are based on notice from the owner or someone acting with his apparent authority. I think the argument in court would be that a tenant would have the authority of the owner in the section leased. This is why a person renting the convention center cannot post 30.06. If the owner does not have the authority, the person cannot be acting within the apparent authority of the owner to post.
And in answer to Heartland Patriot's last question, I don't know of a legal definition for on or about your person. The generally accepted working definition is if it can be grabbed without your having to move other than reach. So, if the pistol were in an open cardboard box that is behind the seat on the far side of the truck, I don't think ti would be on or about your person. Inside a locked container, such as the center console or glove box, would also make it ungrabbable and not on your person. But on the seat next to you under a loose cloth would still be on or about your person. Does that help a little?
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• Page 1 of 1
- by srothstein
- Wed Sep 21, 2011 10:03 pm
- Forum: General Texas CHL Discussion
- Topic: UPDT:Freescale, Polycom, Paypal parking lot now posted 30.06
- Replies: 47
- Views: 9318
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