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by ScottDLS
Mon May 26, 2014 12:22 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Moms Demand Action Seeks to Change 30.06 Signage Requirement
Replies: 55
Views: 7124

Re: Moms Demand Action Seeks to Change 30.06 Signage Require

Jaguar wrote:30.06 signs have to be big and properly worded because the penalty for disregarding them is so large, i.e. $4,000.00 fine and 1 year in jail plus loss of CHL. Now if the requirements are changed and any little sticker makes it a Class A, CHL will basically be gone in Texas and only good for carrying out of state.

If they do change the sign requirements they should make the violation a Class C misdemeanor with a $10 fine for each violation. That would make it fair once again. Of course I would rather see them keep the current sign and still lower the penalty.

I am pretty sure a "No Shirts, No Shoes" violation does not carry such harsh penalties.
Theoretically it's a Class B to walk past such a sign (unarmed), if it constitutes "NOTICE" as defined in 30.05. Same penalty as a DWI.

30.05 defines NOTICE, but doesn't seem to be specific regarding premises that are generally open to the public, but want to ban a specific behavior. It was posited prior to the 1997 enactment of 30.06 that ANY sign was good. I believe by anti-gun former Texas AG Dan Morales. This would seem to include a 8 point font list of "rules" at shoe level or even the infamous "circle slash Beretta"...which we all know is the internationally recognized NOTICE under 30.05 of the Texas Penal Code; that entry upon the premises with anything; up to and including nail clippers is criminal trespass.

Since I'm not aware of any proverbial "test cases" in 1996, I guess we just won't know until one of us concealed machine-gun or rifle carriers walks past such a sign, believing it not to apply, or perhaps missing the 8 point font, and is subsequently discovered. However, if the application of 30.05 is handled as it is commonly for illegal skateboarders or loiterers at my local shopping plaza; then the transgressors will be verbally (orally) informed that they must depart. And in rare cases, the authorities may be summoned to emphasize that a repeat loitering or skating incident will result in arrest.

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