Steve Rothstein has made the point before that you could be prosecuted for both. I also believe it wasn't the intent, but it is the plain meaning of the law.tornado wrote:This again?ScottDLS wrote:The 46.035 restriction on amusement parks, churches, etc. has NOT been lifted IF posted IAW 30.06. So you can get prosecuted for both.Embalmo wrote:If the restriction has been lifted, how can the penalty still be in place.
Keep reading down the page to 46.035(i)
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07.
EDIT: OK, wait. You sneaky devil. I think you're saying that because of the literal wording, a prosecutor could use both. But I'm sure that's contrary to legislative intent, since 46.035(i) was put in before to open those places up unless posted. Wow. Just ... wow. I almost want to delete this so I don't give them ideas...
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Return to “What is the penalty for carrying past a 30.06 or a 51% sign?”
- Wed Dec 16, 2015 4:26 pm
- Forum: General Texas CHL Discussion
- Topic: What is the penalty for carrying past a 30.06 or a 51% sign?
- Replies: 27
- Views: 10885
Re: What is the penalty for carrying past a 30.06 or a 51% sign?
- Wed Dec 16, 2015 4:17 pm
- Forum: General Texas CHL Discussion
- Topic: What is the penalty for carrying past a 30.06 or a 51% sign?
- Replies: 27
- Views: 10885
Re: What is the penalty for carrying past a 30.06 or a 51% sign?
Better get your lawyer on speed dial then, because the CHL exemption to 46.02 has been ruled a "DEFENSE". So by carrying with a CHL anywhere, you're subject arrest.mr1337 wrote:
Defense to prosecution means that you can still be arrested, charged, and taken to court, where you must assert your defense. That could be a costly battle to prove your innocence.
- Wed Dec 16, 2015 3:27 pm
- Forum: General Texas CHL Discussion
- Topic: What is the penalty for carrying past a 30.06 or a 51% sign?
- Replies: 27
- Views: 10885
Re: What is the penalty for carrying past a 30.06 or a 51% sign?
The 46.035 restriction on amusement parks, churches, etc. has NOT been lifted IF posted IAW 30.06. So you can get prosecuted for both.Embalmo wrote:If the restriction has been lifted, how can the penalty still be in place.
- Fri Oct 23, 2015 8:36 pm
- Forum: General Texas CHL Discussion
- Topic: What is the penalty for carrying past a 30.06 or a 51% sign?
- Replies: 27
- Views: 10885
Re: What is the penalty for carrying past a 30.06 or a 51% sign?
Also be careful of Hospitals, Churches, and Amusement Parks properly posted under 30.06 could get you prosecuted under 46.035 (Class A), even after 1/1/16.surferdaddy wrote:I don't recall seeing any changes to 51% sign violation penalties, nor was there mention of any changes in my CHL instructor class.The Annoyed Man wrote:Are you saying this applies to both 30.06 and red 51% signs? I only recall the change to 30.06.G.A. Heath wrote:Right now it is a Class A misdemeanor, as of Jan. 1, 2016 it will be a Class C misdemeanor. Keep in mind if a private entity has gone to the trouble to post a valid 30.06 then you should respect their wishes.
Surfer