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by thetexan
Tue Dec 26, 2017 4:22 pm
Forum: General Texas CHL Discussion
Topic: "Gun-Buster" Sign Legal?
Replies: 81
Views: 25017

Re: "Gun-Buster" Sign Legal?

CleverNickname wrote:
thetexan wrote:Gun buster signs have zero legal force. They mean nothing to you as an LTC. Nothing. Except to inform you that the owner apparently doesn't want guns in his establishment.
Not necessarily. Let's say you see this sign posted somewhere:

Image

Does it mean:
1. "The owner/management of this properly doesn't like guns."
2. "The owner/management of this properly doesn't like guns, and we don't want anyone carrying them here."
3. "The owner/management of this properly doesn't like Beretta 92's."
4. "The owner/management of this properly doesn't like semi-auto pistols."
5. "The owner/management of this properly doesn't like semi-auto pistols if they're not carried cocked & locked."

An argument could be made for any of those. Anything other than a legit 30.06 or 30.07 sign is ambiguous at best.

And possibly 20 other things...

What it DOES NOT mean is that I am prohibited from exercising my right to LTC carry a gun on the premises.

tex
by thetexan
Tue Dec 26, 2017 12:27 am
Forum: General Texas CHL Discussion
Topic: "Gun-Buster" Sign Legal?
Replies: 81
Views: 25017

Re: "Gun-Buster" Sign Legal?

Gun buster signs have zero legal force. They mean nothing to you as an LTC. Nothing. Except to inform you that the owner apparently doesn't want guns in his establishment. Wonderful. That owner is BOUND...

Let me repeat... That owner is BOUND...

I don't think you heard me...that owner is BOUND legally, ethically, statutorily, and any other way you can think of...

B O U N D.....

To notify you of his exercising his sovereign right to prohibit you from entering his property with a gun by following the procedures established by state law to do so...namely 30.06 and 30.07.

I am not interested in his DESIRE to not have guns on his property any more than he is interested in my DESIRE to carry a gun on his property. What we both have in common is a set of statutes that specify where and when I may carry and the same group of statutes that specify where and when the owner may prohibit me from carrying.

Yes there is case law. Not only in this specific area but also in trespass 30.05 situations and in other non-related non weapon cases where wording of a notice is specific and a required element of the statute.

Remember, the owner and LTC are BOUND by the same rules. The owner doesn't get a pass just because he thinks a gun buster sign is cool.

Note: This has nothing to do with whether you are arrested and take the ride. If you are legal you will prevail. Show me a LEO who arrests you because you carried past a gun buster sign and I will show you a LEO who does not know his statutes. But you may still take the ride.

Know the statutes and the law and carry with confidence.

One last note. Do not take this as encouragement to have an "in your face", self-righteous, belligerent attitude. Always try to be gracious and understanding. But don't let that deprive you of your rights.

Tex

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