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by cbunt1
Mon Apr 29, 2013 3:04 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Repeal 30.06
Replies: 52
Views: 5472

Re: Repeal 30.06

Actually, the ONLY problem I have with 30.06 is this:

If a merchant posts a sign that says "No food or drinks" and I waltz into the place with a hamburger and a coke, I have (in practice) done no more or less than if I waltz past a no guns sign carrying a pistol. Both activities are generally allowed (granted that I need to have a license to carry the pistol, but that's another discussion entirely). From a prosecutor's perspective though, they are much different.

If the merchant then asks me to leave with my burger and coke, and I don't I again have committed no more or less (in practice) a crime than if the same is asked of me with my pistol.

30.06 WAS absolutely necessary early on. I remember all the no gun signs and prohibitions going up right after we got concealed carry in Texas. In fact, that was the reason I didn't bother as an early adopter--it looked to me like everywhere I wanted to go was a place I couldn't go. Then we got the 30.06, and they went up everywhere. Eventually they went away for the most part. I'm not sure but what it's hasn't run its course.

I completely support the rights of property owners. I just have an issue that a "no guns" sign or even a properly worded 30.06 raises things to the level of CRIMINAL trespass (a Class-A misdemeanor) when it's simple trespass if I ignore a "no food or drink" sign or a "no shirt no shoes no service" sign. It's the act of refusing to comply with a property owner's request that has happened, and the fact that it was by carrying a pistol, chewing gum, eating a hamburger, or failing to wear a shirt is a side issue.

I'm sure there are logistical issues I'm missing here, but I think it's time that "no guns" sign no longer have "the force of law" any more than "no food/drink" signs do. Of course unlicensed carry (better known as unlawful possession of a concealed weapon) already has its own consequences and legal doctrine, and always has...

Long and short: 30.06 WAS a good thing. It's run its course, IMO, but I want us to be very careful how we look at "moving on" if we do so...

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