TexasCHLforum.com

03Lightningrocks wrote:

kauboy wrote:

austinrealtor wrote:IANAL, but if I saw a sign with 1-inch tall capital letters followed by 1/2 inch tall lower-cased letters I think I would say "close enough" and not enter. Why be the legal test case?

To provide the best security to my wife and child that I can. That's enough "why" for me.
"Close enough" isn't close enough to risk their safety. That's my opinion alone, and anyone else is free to disagree.

I may be wrong, but I think your saying the same thing he did. That is if your saying you won't disarm, so that means you won't be doing business there.

Actually, no. I would still enter the facility if I had a desire to. But I will not disarm to comply with a non-compliant sign.
They aren't responsible for the safety of my family. I am. And I will always carry for potential protection wherever legally able.

austinrealtor wrote:IANAL, but if I saw a sign with 1-inch tall capital letters followed by 1/2 inch tall lower-cased letters I think I would say "close enough" and not enter. Why be the legal test case?

To provide the best security to my wife and child that I can. That's enough "why" for me.
"Close enough" isn't close enough to risk their safety. That's my opinion alone, and anyone else is free to disagree.

We've got a nice Wallace theater near us with nary a sign to be seen. I'd have preferred to just go there, but like I said, free tickets...
In any case, if given the choice, I won't be going to AMC anymore.

austinrealtor wrote:IANAL, but I do not read the statute this way. I read it that IF there is a proper sign and IF you walk past that sign into the premises while carrying, THEN you have just committed an offense under the statute and can be arrested for Class A misdemeanor.

(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.

The relevant word above is "or", and section (A) applies if you walk past a proper 30.06 sign, not section (B)

Does this make sense? Do I have this right?

Yes, you are correct.
If "notice" was given, and a CHL carrier ignored it, that would be an offense.
However, the law states what "notice" is when a sign is used.

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 Subchapter H, Chapter 411, Government Code, 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.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b).

(2) "License holder" has the meaning assigned by Section 46.035(f).

(3) "Written communication" means:

(A) a card or other document on which is written language identical to the following: "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"; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

(c. 3. B. ii.) was not met.
Therefore, "written communication" was not sufficient, and that means notice was not properly given.

Like I said, I love technicalities.

WHOA!!!
2 pages already???

I didn't think this would spark up so quickly. Thanks for the responses guys.
I'm glad to know I'm in good company. I'll agree that my popcorn money could have been spent better elsewhere, but we had free tickets, so I can't complain too much.

Thanks guys.

I was at the AMC theater in the Parks Mall in Arlington with the little lady. We were going to see "The Ugly Truth" (great man's man movie, wife loved it, don't take the kids )
Anyways, while we were getting our tickets, I looked down at the lower corner of the glass window pane, and there it was.
Worded to a 'T', English and Spanish.
I got squeamish...
I mumbled to my wife that I'd have to go back to the car, but then took another look... Sure enough, there was no possible way it was big enough. Easily smaller than 8x11.
So... I had a decision to make. I could walk all the way out to the parking lot and disarm to adhere to an improperly posted sign, or I could disregard it and take my chances if anything unexpected happened.

I don't like disarming when I don't absolutely have to, and I relish the technicalities that make the law so verbose.
You can probably guess which I chose.

So, I have to ask...
Do y'all think I did the right thing, or no?
Has anyone else been faced with this decision there?

( I did find the Parks thread, and saw that the Parks itself isn't posted. I also found the general AMC thread, but didn't find any answer addressing any size issue. 13 pages, maybe I missed it. Apologies if so.)