TexasCHLforum.com

thetexan wrote:I know this sign is not the one referred to in the op but it is a good object lesson. The following assumes that the location is not one of the 13 statutorily prohibited areas.

" Carrying firearms on these premises is prohibited"

No. That is factually incorrect unless and until that proper notice under 30.06 or 30.07 of the prohibition is given...and as far as anything written that notice is precise in its language and is not reflected here.

"This includes persons licensed to carry a concealed handgun pursuant to state law."

No. This is particularly incorrect since until proper notice is give under 30.06 or 30.07 it is precisely those people who do carry concealed that ARE allowed to carry on the premises. And at the point of entrance shown here, all we have are some non-compliant words on the door.

"Carrying a firearm on these premises is a Class A Misdemeanor..."

No. It is not. It is not a crime of any kind...at least as you walk in the door past the sign. (not counting a possible subsequent oral 30.06 or 30.07 notice)

"...punishable by 1 year in jail and up to a $4000 fine."

No. It is not since no crime has been committed. (at least at the point of walking past the sign) Owners don't get to just make this stuff up as they go.

"Texas Penal Code Section 30.05."

This is the best part...the sign quotes 30.05 which is the very rule that makes 30.05 the wrong statute to apply in this situation.

30.05 f "It is a defense to prosecution under THIS SECTION...which section...THIS SECTION that:

1. the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and

2. the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411 Government Code, to carry a concealed handgun."

That is what 30.06 and 30.07 are far. They are essentially the licensed handgun extensions of the 30.05 trespass statutes....which basically states this..."if you as an owner want to keep someone out or off of your property use the rules in 30.05 unless the reason you don't want them there is because they are carrying a handgun under the authority of their 411 license in which case you must use 30.06 and 30.07 to do that."

I know this isn't the same sign in the op but it is very instructional as to improper wording and baseless threats. Even at the airport, which this sign appears to be requires a 30.06 or 30.07 notification to prevent carriage in the non-secured terminal. Property owners must be held to the very same rules we as licensed carriers are held to. Same ballgame, same set of rules for both sides.

It's a good looking sign though! Very official looking. Just the right amount of threat...just the right amount of big words. Most people would be duly impressed.

tex