Question on SB 17
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Question on SB 17
Ok I'm sure this may have been posted somewhere but I haven't found it and the news articles I've found have not addressed it. As passed from the Senate will the 30.06 be used to prevent open carry or will there be separate signage for that?
If you listen to constructive criticism, you will be at home among the wise. Proverbs 15:31
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Re: Question on SB 17
SB17 creates 30.07 for Open Carry prohibition.
http://www.legis.state.tx.us/tlodocs/84 ... 00017I.htm" onclick="window.open(this.href);return false;
http://www.legis.state.tx.us/tlodocs/84 ... 00017I.htm" onclick="window.open(this.href);return false;
Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY
CARRIED HANDGUN. (a) A license holder commits an offense if the
license holder:
(1) openly 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
openly carrying a handgun was forbidden; or
(B) remaining on the property while openly
carrying a 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 30.07,
Penal Code (trespass by license holder with an openly carried
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code (handgun licensing law), may not enter this
property with a handgun that is carried openly"; 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 at each entrance to the property.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section
that the property on which the license holder openly carries the
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 or 46.035.
(f) It is not a defense to prosecution under this section
that the handgun was carried in a shoulder or belt holster.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Re: Question on SB 17
Thank you :)
If you listen to constructive criticism, you will be at home among the wise. Proverbs 15:31
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- Posts in topic: 2
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Re: Question on SB 17
texasgirl wrote:Thank you :)
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek