TexasCHLforum.com

ScottDLS wrote:

a) A license holder commits an offense if the license holder:
(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and (2) received notice that entry on the property by a license holder with a

It seems like anyone who could withhold consent by acting with "apparent authority" of the owner could also grant it. Turn it around...If there was no sign, could the security guard still give you oral notice that carry was prohibited? Yes. So it seems clear that he could grant it.


ETA: But I wouldn't want to be....dah...dah...dahh... The TEST CASE...

Soccerdad1995 wrote:

WildBill wrote:I don't know if I agree that a security guard telling you that you can carry past the sign voids the effective notice.
I don't believe it does, but I am not certain.

I'm curious about your rationale here. Are you saying that a uniformed security guard does not have apparent authority to give effective notice? If so, then who would?

We have generally discussed effective notice going the other way, but I don't think the law has a double standard on this point. Of course, IANAL, and I could well be mistaken.

geoelectro wrote:Of course I don't walk past a 30.06 sign and as I said, I have stopped carrying because of all this new signage. I was just surprised at the response of the guard, and I don't believe much of anything on FB.

The sad fact is the OC movement has harmed, at least me, from being able to have the same freedom I had before this was enacted. I had it pretty easy with the only exception being schools where I occasionally do service work. Seems odd that making carrying a gun OK, concealed or open, has made it harder to carry concealed.

Thanks for the responses.

Geo

geoelectro wrote:I repair organs and digital keyboards and as such I go to a significant number of Churches. Since the OC law has been enacted, a large number of these Churches are posting both 30.06 and 30.07 signs at their entrances. So I have pretty much stopped carrying. I have had several discussions with church personnel and the guards. It seems in several cases, they had people open carrying in their church and decided to put up the signs. In most cases though, it was done to stop OC but either due to misinformation or even a push from the sign company, they got both.

I have offered that the signs only stop the good guys etc. etc. etc. but it seems they are where they are with no incentive to change. They allow members to carry and larger churches have guards or even police protection. An armed guard even told me to just carry on as long as it's concealed! Then yesterday I see a comment on FB concerning the Orlando shooting where people are saying if they had laws like in Texas and people had been armed, fewer people would have died. I mentioned that carrying past a 51% sign in Texas is not allowed. A response was that it's only a class C misdemeanor, indicating it's not that bad to do it.

I'm a little confused here, I was always under the impression carrying past any sign that legally prevented carrying was very bad and could lead to losing your license. Thoughts?

Geo