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by Keith B
Tue Aug 25, 2009 12:57 pm
Forum: General Texas CHL Discussion
Topic: AMC Theater at the Parks Mall... 30.06(kinda)
Replies: 68
Views: 12212

Re: AMC Theater at the Parks Mall... 30.06(kinda)

JJVP wrote:
austinrealtor wrote:
JJVP wrote:... the owner from asking him to leave and he must comply. But that is all he can do, even if the sign met all the specification of the law.
IANAL, but I do not read the statute this way. I read it that IF there is a proper sign and IF you walk past that sign into the premises while carrying, THEN you have just committed an offense under the statute and can be arrested for Class A misdemeanor.
(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.
The relevant word above is "or", and section (A) applies if you walk past a proper 30.06 sign, not section (B)

Does this make sense? Do I have this right?
The thing that bothers me in the way it is written is that if you are already guilty once you cross the threshold as stated in part A, then why have a part B which indicates that you went in, were asked to leave and refused to leave. You cannot reach part B without going through part A first. Either you are pregnant or you are not. Maybe some lawyer can explain. :confused5
(A) means you had proper notice PRIOR to entering the property (written or verbal)
(B) means you received notice AFTER you entered the property (for example, no sign, but received a verbal notice after entering) and failed or refused to leave

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