TexasCHLforum.com

Dave2 wrote:

Jumping Frog wrote:Note there is nothing in the law that says one has to see the sign or knowingly trespass. The sign simply needs to be properly posted.

Wait, what? How are you supposed to not do something you didn't know you were doing?

Correct. This is in contrast to the language as written in some other states provisions for posted premises.

There are different "culpable mental states", such are negligently, recklessly, knowingly, and intentionally. Some states allow teeny-tiny little postage stamp "no guns" signs but then qualify it that the licensee must "knowingly" trespass.

In contrast, Texas requires a huge ugly sign but then does not specify the culpable mental state. It assumes the sign is sufficiently large and conspicuous that a reasonable person is on notice that armed trespassing is not allowed. Thus proving the licensee knew about the sign is not an element of the crime that must be proven at trial.

train460 wrote:my question is what is the penalty if caught? can't remember but if it is a 30.06 sign they have to ask you to leave, say you just didn't see the sign etc? i was thinking that you would only be charged if they ask you to leave and you didn't?
again i can't remember the consequences(sp) if caught in a 30.06 zone. 51% is a differant story.
Michael

An arrest for violating a 30.06 sign is a Class A misdemeanor. - up to one year in jail.

Note there is nothing in the law that says one has to see the sign or knowingly trespass. The sign simply needs to be properly posted.