I like the 30.07 "defense"... you must be a lawyer.Soccerdad1995 wrote:Most likely, the hypothetical person who walked through an unposted entrance would have zero issue since they would be concealed. If someone saw their firearm somehow, they would most likely be asked to leave (either by the owner or LEO) and would have no issue if they did so.
If they were issued a ticket for the offense, and they chose to fight it, they would have at least two defenses that I can think of.
The 30.06 notices were not valid because they were not posted in a conspicuous manner, clearly visible to the public, given that a good percentage of mall visitors enter the mall through unposted store X (I'm guessing the mall owner has marketing statistics on visitor traffic flow that could be subpoenaed to prove this percentage).
The other defense would be that the person was in fact openly carrying since at least a portion of their handgun was in fact visible (as it was seen by someone). 30.07 requires signage at every entrance, and that requirement was not met since the signage was not posted at store X or at the entrance to the mall from that store.
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Return to “Inadvertent Entry into 30.06 Area”
- Mon Dec 19, 2016 12:21 pm
- Forum: General Texas CHL Discussion
- Topic: Inadvertent Entry into 30.06 Area
- Replies: 29
- Views: 4612
Re: Inadvertent Entry into 30.06 Area
- Sat Dec 17, 2016 11:49 am
- Forum: General Texas CHL Discussion
- Topic: Inadvertent Entry into 30.06 Area
- Replies: 29
- Views: 4612
Re: Inadvertent Entry into 30.06 Area
You would take the ride!!!
In reality, in most places, the cops would give you an opportunity to either leave it in the car, or vacate the property, depending on how the owner / manager wanted it handled. Only if you refused and started yelling about your rights would you get arrested or ticketed. Cops are not out to arrest good guys, they are looking for bad guys.
Now, in the 5 liberal cesspool cities in Texas... I would not expect much leniency.
Other than that, concealed means concealed.
In reality, in most places, the cops would give you an opportunity to either leave it in the car, or vacate the property, depending on how the owner / manager wanted it handled. Only if you refused and started yelling about your rights would you get arrested or ticketed. Cops are not out to arrest good guys, they are looking for bad guys.
Now, in the 5 liberal cesspool cities in Texas... I would not expect much leniency.
Other than that, concealed means concealed.