Search found 3 matches

by chabouk
Sat Jan 30, 2010 12:09 pm
Forum: General Texas CHL Discussion
Topic: State Employee says no 30.06 needed???
Replies: 130
Views: 20774

Re: State Employee says no 30.06 needed???

03Lightningrocks wrote:One more question would need to be asked.

Police question: " Why on earth did you tell them you had a concealed weapon?"
Wrong Answer: "Because I was feeling guilty about carrying a deadly weapon and needed to hear someone tell me I was morally correct in my decision to carry in here."
Right Answer: "Because I am a complete moron."

:biggrinjester: :biggrinjester: :biggrinjester:
Best answer: "I didn't tell them, exactly. More like it was kind of obvious when I shot the armed robber."
by chabouk
Fri Jan 29, 2010 9:37 pm
Forum: General Texas CHL Discussion
Topic: State Employee says no 30.06 needed???
Replies: 130
Views: 20774

Re: State Employee says no 30.06 needed???

austinrealtor wrote:
chabouk wrote:PC 30.05(f) provides a defense to prosecution unless valid notice is given under 30.06

That is why it remains legally possible to get a conviction for non-compliant notice. Change that defense to an exception, and all will be right.
So if I'm understanding you correctly, any sign that in any way says something to the effect of "no guns" (be it a gunbusters sign or something else), COULD potentially lead to a conviction for criminal trespassing if a CHLee enters said premises with a gun because the 30.05 wording is merely a defense to prosecution, and thus a judge or jury could in their judgment simply reject your defense and convict you anyway?
ScottDLS did a great job of explaining (and like him, I don't let the possibility stop me from carrying).

In a perfect storm of bad prosecutor, bad defense attorney, bad judge, bad jury, and your own ill-advised statements, yes: I believe you could be convicted.

Police question: "So, did you see the big red 'NO GUNS' signs on the doors?"
Wrong answer: "Yeah, but they don't apply to me."
Right answer: "I want to talk to my lawyer before answering any questions."
by chabouk
Fri Jan 29, 2010 12:43 pm
Forum: General Texas CHL Discussion
Topic: State Employee says no 30.06 needed???
Replies: 130
Views: 20774

Re: State Employee says no 30.06 needed???

PC 30.05(f) provides a defense to prosecution unless valid notice is given under 30.06

That is why it remains legally possible to get a conviction for non-compliant notice. Change that defense to an exception, and all will be right.

Return to “State Employee says no 30.06 needed???”