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txinvestigator

S&W6946 wrote:For clarification, the Federal Law is similar to Texas Law, notice must be posted at the entrance of a Post Office? No signage would mean you could carry?

Even though Texas Law doesn't prohibit you from carrying on Federal Property, it would seem to be the prudent thing for CHL instructors to cover Federal law. How else is a CHL holder going to know?

Federal Law is NOT a required part of the CHL training, it is not covered in the curriculum, it is NOT tested, and instructors are not advised or instructed as to what Federal Laws cover.

As you can see from this thread, it is better for instructors NOT to cover Federal Law, as there are varying opinions as to what the laws are. Students, in general, tend to take what the instructors say as the gospel. Many student would be told wrong.

A prudent CHL holder will do his own research.

txinvestigator

Flatland2D wrote:I'm no expert but I believe it's because post offices are federal property, and a state issued license can't give you permission to carry on federal ground.

It is my opinion that Federal Law allows a person to carry on PO property for "lawful purposes". Carrying under a CHL is a "lawful purpose"

txinvestigator

Flatland2D wrote: I know carrying in a post office isn't allowed, but why does UPS think they can do the same?

That issue is at debate here. ;)

txinvestigator

onerifle wrote:If I walk into Katy Mills mall through the entrance that I referred to, it is not posted. I actually have never entered the mall through any other entrance (seriously). Because I have been "notified" via this, and several other internet forums, does not mean I have been given notice as required under the statute. If one enters a location through an entrance that is not posted, and leaves through same- how is that in violation when the sign has never been seen?

It is not the same principle as a location that is 51%- where the absence of a 51% sign in a prohibited location is not a defense to prosecution...

I wonder if Chas can weigh in on this one....

I would agree with your situation.

HOwever if you see a sign at one entrance, and walk to another and don't find a sign, you are in violation.

I think if the legislators had meant the law to require a sign a every entrance, wording to that effect would have been included in the statute.

txinvestigator

RatMan wrote:
anygunanywhere wrote:Therefore, if it is not posted at every entrance, enter at the entrance that is not posted and carry. If the entrance is not posted, it is not conspicuous, and I couldn't see it, so I have not been warned. Pretty simple.
Yup! When I took my CHL class that's exactly what the instructor said he did. He told us of a shopping center, mall, that had three of the four entrances posted. As he said, "Guess which entrance I use?"

He is violating the law. He knows entry to him while carrying is forbidden.

You guys are missing the point.

txinvestigator

onerifle wrote:
txinvestigator wrote:Just remember the law does not require that every entrance be posted.

Can you please provide a cite? I checked the statute, and that's not specifically stated, or (to me, anyway), implied.

Thanks.

The law states this about the 30.06 sign

(iii) is displayed in a conspicuous manner clearly visible to the public.

The full text:

Text
Â§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.

The law only requires that the sign be conspicuously visible. There is no requirement for it to be at "every entrance accessable by the public" or any other such language.

txinvestigator

Just remember the law does not require that every entrance be posted.

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