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by RPB
Mon May 16, 2011 3:21 pm
Forum: General Texas CHL Discussion
Topic: 30.06 is ok,but
Replies: 46
Views: 7042

Re: 30.06 is ok,but

sjfcontrol wrote:
tbrown wrote: I agree with srothstein with one addition. A gunbuster sign applies to people who are not carrying under the authority of a CHL, unless they have some other 30.05 exemption like a peace officer. So if the business posts a gunbuster and a 30.06 sign, that prohibits MPA and CHL guns.
Under what authority (statute) does a "gunbuster" sign have ANY meaning, and where is such a sign defined?
It's in the attack chicken warning statute. (kidding)
by RPB
Mon May 16, 2011 7:22 am
Forum: General Texas CHL Discussion
Topic: 30.06 is ok,but
Replies: 46
Views: 7042

Re: 30.06 is ok,but

Fedaykin wrote:A CHL holder MAY NOT leave a gun in the car in a parking lot posted with a valid 30.06 sign.

From the DPS website Frequently Asked Questions: http://www.txdps.state.tx.us/administra ... hlfaqs.htm
  • 54. If I do not want guns in my business, what type of signs should I post?
    If you want to prohibit license holders from carrying concealed handguns on your property, state law requires you to post a sign that says: "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 (concealed handgun law), may not enter this property with a concealed handgun." The sign must be written in both English and Spanish in contrasting colors with block letters at least one inch in height, and must be displayed in a conspicuous manner clearly visible to the public.


    55. If I drive to a shopping mall that does not permit handguns, will I be allowed to park in the parking lot and leave my gun in the car?
    Yes. Handguns may be left in cars in parking lots that do not have signs described above posted.
  • Sec. 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 Article 4413(29ee), Revised Statutes, 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.
A parking lot is indeed 'property'. And once the 30.06 sign graces the parking lot entrance, it's now Posted Property.

Long story short, right now you park outside the parking lot, you need the exercise anyway. Some of those 1911's look pretty small up against the guts in some of the pictures you guys post ;-)
Just a note: ( Article 4413(29ee) is no longer a law)
No CHL "(1) carries a handgun under the authority of Article 4413(29ee), Revised Statutes"

Still

This needs fixin'

That's the "penalty" for going through background checks and getting a CHL?

Since 30.06 ONLY applies to CHLs, not to MPA carriers in THEIR cars ... people without a license carrying guns in cars are legal in a 30.06 posted lot, but CHLs are not?

Sooooo on those days leave the CHL at home or give to the wife, and just have the gun in the car under the MPA so you are legal?

Have the wife keep your CHL in her purse to be sure you aren't using the CHL?

I understand Steve's post, makes sense ... just don't carry under your CHL and a 30.06 sign isn't "addressed to you"
If you carry past a 30.06 while carrying under a CHL, it violates law ... so don't :nono: ... just carry under the MPA in the car...until you are out of the parking lot.. :thumbs2: No law against that if it's only posted with a 30.06 sign which is not addressed to MPA carriers.

then after leaving the lot, ask your wife if you may please have your CHL back so you can re-arm, if you have been good, she'll probably let you. "rlol"

Needs fixin' in the legislature, like they fixed the "failure to identify" penalty BECAUSE it penalized CHLs <more than> non-chls carrying under the MPA who weren't required to show a CHL for having a gun in the car.. might be a good "first bill to be heard" 2 years from now to get legislature back on topics we need heard

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