To me this isn't a particular priority for the Legislature. There aren't going to be too many jury trials in municipal court or JP court on a $200 no jail ticket, that is never going to be issued because if the store even notices someone carrying in theoretical violation of their "sign" they are probably just going to tell the person to leave. If they also call the cops, by the time they show up, if they bother, the person is going to be gone.Mike S wrote: ↑Wed Dec 04, 2024 11:40 pmI'd like for the Legislature to clean this up next session.
The wording of 30.05 is different from that used in 30.06/30.07.
30.06/.07 requires that the exact verbiage in the statute be included on the sign for the sign to be considered as "effective notice".
30.05 merely requires the wording to be "substantially similar", not exact. The problem with this lower threshold of specificity is that depending on the jurisdiction that the "jury of your peers" is drawn from, you may lose that fight.
As a matter of law, if it's an invalid 30.06/.07 the judge should rule or instruct the jury that effective notice wasn't given unless another form of effectivenotice was provided (and if the judge doesn't, I'd think it could be grounds for an appeal). Much more room for interpretation with what's 'close enough' regarding the 30.05, which is why the Texas lawyers I've heard speak on the 30.05 opine that any sign that prohibits carry of a handgun aught to be regarded as 'effective notice' for unlicensed carry. ((I agree with this as 'practical' advice to keep people away from any potential drama, BUT it irks me that the law was likely drafted with this ambiguity as a compromise to get it passed during that session. I want laws that are clearly written, & mean what they say. I don’t want to be guessing what 'substantially similar' means in the 254 different counties in Texas. To me, substantially similar means it can be off by a word or two; not just a Gun Buster image somewhere near the entrance)).
My preference for the legislature this session is to do nothing. The last time they passed legislation allowing permitless carry, they made the law significantly worse for LTC and for the carry of long guns. First, do no harm.