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by pt145ss
Thu Oct 07, 2010 12:42 pm
Forum: General Texas CHL Discussion
Topic: Do I correctly understand the law?
Replies: 30
Views: 5118

Re: Do I correctly understand the law?

sf340b wrote:Correct me if I am wrong, but if you have received notice from your employer through the employee manual or "someone with apparent authority to act for the owner provides notice" orally, and the notice includes the parking lot or grounds, aren't you violating 30.06 by having a HG on or about your person?

If you are not violating 30.06, why is there an effort to get a parking lot bill passed for a non-violation?

It is my understanding that "notice" for employees is not limited to the specific sign under 30.06.
It is my understanding that "premises" for employees is not limited to the definition in .411.


PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chap- ter 411, Government Code, on property of another without effective consent; and
(2) received notice that: (A) entry on the property by a license holder with a concealed
handgun was forbidden; or (B) remaining on the property with a concealed handgun was
forbidden and failed to depart. (b) For purposes of this section, a person receives notice if the
owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section: (1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means: (A) a card or other document on which is written language
identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (con- cealed handgun law), may not enter this property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
its all about "effective" notice. If the employee manual is written with the correct language than it is a violation. If not writtin in the correct language, than there is no legal violation just a policy violation for which they can probably fire for.

If notice is given verbally, then it is only a legal violation if you fail to leave after receiveing notice.

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