Search found 3 matches
- Sun Aug 12, 2007 9:33 am
- Forum: General Texas CHL Discussion
- Topic: 30.05 signs
- Replies: 19
- Views: 4473
- Sun Aug 12, 2007 9:31 am
- Forum: General Texas CHL Discussion
- Topic: 30.05 signs
- Replies: 19
- Views: 4473
Also, what constitutes a 30.05 sign? Does it have to forbid entry completely (i.e. "No Tresspassing") or can it be conditional (i.e. "No Pickup Trucks Allowed")? I know there are some requirements in the 30.05 statute (fences, markings for land), but none for signs.
It seems to me that a ghostbusters would invoke 30.05, which is not, obviously, conforming to 30.06 requirements, but would allow for an arrest follwed by a defense to prosecution. That would take me back to my previous question as to whether a lawful arrest can be made under 30.05 and if a ghostbusters would enable that lawful arrest, even if I (or you) would eventually prevail, but at some expense.
Thanks
It seems to me that a ghostbusters would invoke 30.05, which is not, obviously, conforming to 30.06 requirements, but would allow for an arrest follwed by a defense to prosecution. That would take me back to my previous question as to whether a lawful arrest can be made under 30.05 and if a ghostbusters would enable that lawful arrest, even if I (or you) would eventually prevail, but at some expense.
Thanks
- Sun Aug 12, 2007 9:21 am
- Forum: General Texas CHL Discussion
- Topic: 30.05 signs
- Replies: 19
- Views: 4473
Thanks Chas. My question would be that, even though crossing a '30.05 sign' is not a criminal violation, can you be lawfully arrested for crossing such a sign? And then have to prove it out in court. Say, if you were known or suspected to have a firearm and law enforcement was called. Of course if asked to leave I would do so, but what if you weren't asked, just approached by a LEO?Charles L. Cotton wrote:Crossing a 30.05 sign did not constitute a criminal violation, but staying on the property after receiving verbal notice violates 30.06.
To my non-lawyer mind, that's how I read the defense to prosecution part of the statute. I understand it to mean, that you can still be lawfully arrested but would be thrown out / not convicted if you could prove that you were not welcome due only to carrying under CHL (assuming 30.06 wasn't invoked).
Am I missing something??
Thanks,
Gary