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by srothstein
Sat Aug 11, 2007 11:51 pm
Forum: General Texas CHL Discussion
Topic: 30.05 signs
Replies: 19
Views: 4479

And there you have the correct answer, as I understand it also. 30.05 applies to all except for the specific exceptions listed (firefighters, EMS, police if it is because of a gun). A person with a CHL can be arrested if he receives notice that the gun is not permitted on the property, but if it goes to trial and the defense could prove this was why he was banned, the defense wins.

It does not stop at the grand jury (which does not even have to hear the case, misdemeanors can be filed without a grand jury), but at a real full trial. It can be expensive but you should win.

The question is what constitutes notice that the gun is not desired. I think it would take a person telling you specifically, sucha s the case in the other thread about AAC. A sign could be considered notice, BUT I think the court would look at the legislative intent of 30.06 and not take it as notice. So, as a general rule, you look for 30.06 signs but any person who tells you in person counts, even if the property is not 30.06 applicable.

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