austinrealtor wrote:Something I've often wondered: Let's suppose somehow you were "caught" carrying inside this place with properly worded, but improperly sized sign. You're arrested (cop says "tell it to tha judge").
At what point does your "state of mind" come into play in a potential prosecution? Does the prosecutor have any legal ground to say "you knew that the owner of his property desired you not to bring a gun on premises, but you willfully did so anyway because of a minor technicality"
Probably wouldn't happen JUST for the carrying charge. But perhaps you needed to use your gun. Perhaps there is some question about the legality of that use of force/deadly force.
I know what everyone here will say "the law says it must be this large of type" etc. And I agree. But I'm wondering if by walking into a situation that is THAT CLOSE to the line - proper wording, proper placement, just improper size - you're opening yourself up to some "lawyer tricks".
If I'm a prosecutor I would say "the reason for the specificity of the law is so the sign cannot be missed by people entering the building. But YOU SIR, admitted on
http://www.texaschlforum.com" onclick="window.open(this.href);return false; that you in fact DID IN FACT SEE the sign ... so why did you choose to ignore it?"
Anyway, I realize this is all getting to be a bit ridiculous in a Perry Mason/John Grisham kind of way. But just some random thoughts I've had before .... sort of a slippyer slope/Murphy's Law kind of worst-case scenario.
People get convictions for murder thrown out on technicalities all the time (i.e. failed to read him/her their Miranda rights). Also, all they can do is ask you to leave, not arrest you, unless you fail to leave when asked. So unless the OP has an attitude and refuses to leave, he will not be arrested. The law is very clear in what makes a legal 30.06 sign. That sign does not conform to the law and is indeed invalid. That however does not prevent the owner from asking him to leave and he must comply. But that is all he can do, even if the sign met all the specification of the law.
PC 930.06. 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, Chapter
411, Govemment 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(9.
(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, Govemment Code (concealed
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 cames 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.
