Search found 1 match

by Soccerdad1995
Wed Aug 25, 2021 12:01 pm
Forum: General Texas CHL Discussion
Topic: OK what is a 46.03 sign?
Replies: 42
Views: 24103

Re: OK what is a 46.03 sign?

ScottDLS wrote: Mon Aug 23, 2021 8:42 pm<SNIP>Let's say you had a LTC and saw a store posted 30.06/7, but not 30.05. You carried concealed inside and were somehow discovered. The proprietor told you to leave and you did. He called the police and they arrived in time to cite you for a $200 class C misdemeanor. How do they know you have a LTC? What if you didn't have it with you? You can't technically carry under its authority without it on your person (see 46.15). OK I guess they could look it up. Well, what if you had an Arizona CCW? It is valid in Texas...

My contention, and I'm thinking of starting a new thread to discuss it in detail, but if a location wants to bar all carry, they need to post three signs 30.05/30.06/30.07. The debate will likely never be settled, because people will carry concealed past insufficient or improper signs and no one will ever know.
:iagree:

If people are actually worried about having to pay a $200 fine in this case, with all the necessary conditions above occurring (which I generously estimate at a combined probability of less than 1%), then they should also be worried about paying a $200+ fine in many other cases. One example being speeding. Can you be assured that a LEO might not possibly mistake your vehicle for another one they had actually radared, or that their gun might be slightly off, or that your speedometer might be slightly off. Better always drive 10 mph under the posted limit just to be safe. But then you're at risk of a ticket for impeding traffic. Also, what if you see a sign that says "slow down, we love our kids"? Could a jury read into that to say that you need to drive way below the speed limit around that sign. That's no more of a stretch than a jury saying that a picture of a gun inside a "circle/slash" suddenly means that not only guns but also people who have guns on them are prohibited from entering. I guess the cop would also have to cite himself and his partner when he showed up since there's no logical reason why the jury's creative interpretation of that sign would suddenly get logical and make an exception for on-duty police officers.

I'll take my chances on this and will carry where I am legally able to carry. Heck for a $200 potential fine, I might even act as my own attorney at the trial and question the shop owner on whether they are generally aware of laws that impact their business, or if they are in the normal practice of just "winging it" on legal requirements like they are claiming they did with their intent to prohibit all carry. Come to think of it, that might set the stage for a civil lawsuit against the business owner ;-) . After all, their lack of a reasonable effort to learn the law was directly responsible for me being dragged to criminal court in the first place.

Return to “OK what is a 46.03 sign?”