Search found 5 matches

by RoyGBiv
Wed Apr 05, 2023 10:24 am
Forum: Off-Topic
Topic: "Felony" sign
Replies: 22
Views: 4975

Re: "Felony" sign

jmorris wrote: Tue Apr 04, 2023 8:02 pm My opinion is that my handgun is not on their property, it is on (in) my property. That's what I was taught, what I teach, and I've seen nothing that changes that.
ScottDLS wrote: Wed Apr 05, 2023 8:44 am The 30.06/07 signs only apply to LTC "CARRYING UNDER THE AUTHORITY" of their LTC. If you are in your car, even before permitless carry the signs did not apply to you. And to make it even better 30.05 doesn't apply to LTC if they HAVE a LTC, not if they are carrying under the AUTHORITY of it.
Y'all be sure to call me when you sign up to be the test cases and I'll start a GoFundMe (or something better for gun people) to help with legal expenses.
by RoyGBiv
Mon Apr 03, 2023 8:00 am
Forum: Off-Topic
Topic: "Felony" sign
Replies: 22
Views: 4975

Re: "Felony" sign

The Annoyed Man wrote: Sun Apr 02, 2023 9:43 pm That has to be a language change. I have a distinct memory of the law using the word "premises", not to mention MANY conversations about it here on this website over the years. Are my memories incorrect?
I am not a lawyer... This is just my opinion.

There's a pretty good analysis here that concludes that a 30.0x sign at a parking lot entrance ONLY prohibits license holders, but not people who have a gun in the car without an LTC. (hows that for nuts?)

Put simply, if you don't have an LTC, then, there's nothing in a 30.0X sign that applies to you... :roll:
https://opencarrytexas.wordpress.com/20 ... cle-carry/

Here's the text of the "Employee Parking Lot" law...
https://capitol.texas.gov/tlodocs/82R/b ... 00321F.htm

The way I read this, it 's only a carve out for employees... It doesn't prevent private property owners from prohibiting parking lot storage for non-employees that have a LTC... As argued in the link above, H-411 only applies to license holders.
SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE
TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION
Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
may not prohibit an employee who holds a license to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code,
who otherwise lawfully possesses a firearm, or who lawfully
possesses ammunition from transporting or storing a firearm or
ammunition the employee is authorized by law to possess in a locked,
privately owned motor vehicle in a parking lot, parking garage, or
other parking area the employer provides for employees.
And it clearly distinguishes parking lot from "premises"
(b) Section 52.061 does not prohibit an employer from
prohibiting an employee who holds a license to carry a concealed
handgun under Subchapter H, Chapter 411, Government Code, or who
otherwise lawfully possesses a firearm, from possessing a firearm
the employee is otherwise authorized by law to possess on the
premises of the employer's business. In this subsection,
"premises" has the meaning assigned by Section 46.035(f)(3), Penal
Code.

<and>

Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does
not prevent or otherwise limit the right of a public or private
employer to prohibit persons who are licensed under this subchapter
from carrying a concealed handgun on the premises of the business.
In this section, "premises" has the meaning assigned by Section
46.035(f)(3), Penal Code.
46.035f3
(3) “Premises” means a building or a portion of a building.  The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
by RoyGBiv
Sun Apr 02, 2023 9:16 pm
Forum: Off-Topic
Topic: "Felony" sign
Replies: 22
Views: 4975

Re: "Felony" sign

C-dub wrote: Sun Apr 02, 2023 8:10 pm I think the TMS is just trying to scare people. Some will know better, but many will not and there's always the chance that the TMS folks don't know any better or have also been duped.
30.06 restricts carry on private PROPERTY (not PREMISES = Building).... Property would include buildings and land.
If you are not an employee... the parking lot law doesn't cover you.

I am not a lawyer... This is just my opinion.
Sec. [Previous Hit] 30.06 [Next Hit] . TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.

(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 46.03.

(3) "Written communication" means:

(A) a card or other document on which is written language identical to the following: "Pursuant to Section [Previous Hit] 30.06 [Next Hit] , Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing 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 C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03.
by RoyGBiv
Sat Apr 01, 2023 9:11 am
Forum: Off-Topic
Topic: "Felony" sign
Replies: 22
Views: 4975

Re: "Felony" sign

Tex1961 wrote: Sat Apr 01, 2023 8:00 am Sounds like they tried to recreate the old TABC Blue sign in which you are correct, that sign no longer applies nor has any force of law. I'll bet 99% of all those signs are still hanging in windows across the state with about 98% of those location owners not having a clue that their not valid anymore.
I've been tempted a few times to talk to store managers about taking down those signs. Then I thought better of it and carried on. The only place I've noticed that has taken those signs down is my local Walmart Supercenter. You would think that TABC would request the signs be taken down, at least at liquor stores, right? Apparently not.

:roll:
by RoyGBiv
Sat Apr 01, 2023 7:38 am
Forum: Off-Topic
Topic: "Felony" sign
Replies: 22
Views: 4975

Re: "Felony" sign

Signs that can keep out CC from private businesses that are not otherwise prohibited by statute...
-- 30.05/06/07
-- TABC 51%

I don't see what force of law a "Felony, alcohol..." sign carries, unless there is also a 51% TABC Red sign.

I am not a lawyer. This is only my opinion, not legal advice.

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