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- Fri May 14, 2010 10:56 pm
- Forum: General Texas CHL Discussion
- Topic: An argument against 30.06
- Replies: 82
- Views: 15939
Re: An argument against 30.06
I agree with what you've said Charles, but unless I am misunderstanding PC 30.05, a CHL is at greater risk if he/she violates the trespass law. According to PC 30.05 penalties are elevated from Class C and B misdemeanors to a Class A, IF I am carrying under my CHL (a deadly weapon) at the time. Please tell me I'm wrong. I'll feel a lot better.
- Fri May 14, 2010 1:08 pm
- Forum: General Texas CHL Discussion
- Topic: An argument against 30.06
- Replies: 82
- Views: 15939
Re: An argument against 30.06
Thanks Charles, and I agree if it is a "No Trespassing" sign. I was addressing more of what austinrealtor said. If I enter an office with a "No Cell Phones" sign, and I am discovered, are the penalties/actions by the LEO the same as entering a business with a 30.06 sign and being discovered? Will the officer just have the owner tell me to leave with my weapon? I've always thought I'd be arrested on the spot.Charles L. Cotton wrote:Ignoring a no trespassing sign is a criminal offense, whether it's under TPC §30.05 or 30.06. There is no difference. However, enforcement by LEO's often/usually involve the officer telling the property owner to order the trespasser to leave and arresting them if they do not.G26ster wrote:To me, this is the question that is not being addressed in this thread, and the one I'd love to have input on. Why is ignoring other non-gun related signs placed by property owners NOT a criminal offense, but ignoring the 30.06 sign IS a criminal offense? Seems like it has nothing to do with private property rights.
Chas.
- Fri May 14, 2010 11:55 am
- Forum: General Texas CHL Discussion
- Topic: An argument against 30.06
- Replies: 82
- Views: 15939
Re: An argument against 30.06
To me, this is the question that is not being addressed in this thread, and the one I'd love to have input on. Why is ignoring other non-gun related signs placed by property owners NOT a criminal offense, but ignoring the 30.06 sign IS a criminal offense? Seems like it has nothing to do with private property rights.austinrealtor wrote:
If you post a sign that says "no tatoos in my restaurant" because you want to keep out bikers and other riff-raff, would a guy with a tatoo on his back completely concealed by his shirt be breaking any law (including trespassing 30.05) if he were to enter this restaurant? Now, obviously, if he removed his shirt and showed his tatoo and the owner told him to leave and he refused, OK he's now trespassing. But as long as he minds his own business, doesn't cause trouble, and keeps his tatoo concealed - he's not breaking any law (that I know of - IANAL).
What about a "no weapons" generic sign and a guy walks in carrying a 3-inch bladed Swiss Army knife concealed in his pocket?
What about a "no cell phones" sign and a guy walks in carrying a cell phone in his pocket with the ringer turned off?
So why is it different for those who legally carry concealed weapons? As long as we remain concealed why not just leave it as "what they don't know can't hurt them". Why make it a CRIMINAL OFFENSE to merely enter a building while carrying a weapon?