Because the AG has said that the government cannot discourage the legal LTC holder from carrying, whether it's by 30.06, verbal, or other means.Tracker wrote:Since the sign has no legal standing why would it be a different matter if it's government owned and it doesn't refer to section 30.06? The reason I asked, and haven't gotten an answer, is because Dallas has this type of sign on all of its Love Field Airport's main entrances (for the unsecured areas).WildBill wrote:Report it to whom? This sign is NOT illegal. It is not enforceable, but it is not illegal to post it.Bayoutalker wrote:We went to supper tonight and when we turned into the parking lot of the shopping center this sign was posted just as you turn in the drive. This is not a legal sign and I don't believe they can legally make the entire parking lot off limits. Correct me if I am wrong. There is another drive entering the shopping center and there is no sign posted at the second entrance.
Should this type of sign be reported?
If you were to report it to the shopping center they might decide to post a proper sign.
If the sign was posted on a government owned building it would be a different matter.
IMO, keep it to yourself.
From user ELB's post in a similar thread:
From Attorney General opinion KP-0047 (underlining added for emphasis):
Chapter 411 of the Government Code was amended in 2015 with the enactment of Senate
Bill 273. Act of May 23, 2015, 84th Leg., R.S., ch. 593, § 1, 2015 Tex. Gen. Laws 2000, 2000-
2001 (codified at TEX. Gov't CODE § 411.209). The primary change under Senate Bill 273 is the.
creation of enforcement measures available against the state or a political subdivision that seeks
to wrongfully exclude a person from carrying a handgun where the person may lawfully do so.
See id.
Section 411.209 provides:
A state agency or a political subdivision of the state may not
provide notice by a communication described by Section 30.06,
Penal Code, or by any sign expressly referring to that law or to
a concealed handgun license, that a license holder carrying a
handgun under the authority of this subchapter is prohibited
from entering or remaining on a premises or other place owned
or leased by the governmental entity unless license holders are
prohibited from carrying a handgun on the premises or other
place by Section 46.03 or 46.035, Penal Code.
https://texasattorneygeneral.gov/opinio ... kp0047.pdf
The AG cites this again in KP-0049, and more directly addresses the issue of signs or notice that does not use the language of 30.06:
To effectuate the Legislature's intent to prevent governmental entities from seeking to
wrongly exclude handguns from where they are lawful, a court would likely construe section
411.209 to be implicated by any type of notice that seeks to improperly prohibit handguns. Thus,
any oral notice given by a governmental entity regarding the prohibition of handguns, if given
where handguns are lawful, can serve as an improper exclusion in violation in section 411.209.
And the sign about which you inquire that does not use the statutory language but states that the
Center is a "Weapons Free Zone," if placed in an area where handguns are allowed, would
similarly invoke the enforcement mechanism of section 411.209.
https://texasattorneygeneral.gov/opinio ... kp0049.pdf