Heres the question:
The penal code says:
"(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."
So if a sign that is posted has the included language of paragraph (a) but also has added words is it considered to be effective notice?
This question came up on a recent trip to the hospital when we saw a sign with the following verbage:
"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, (formerly 4413 29ee) Government Code (concealed
handgun law), may not enter this property with a concealed
handgun and is subject to arrest and prosecution"
The sign was legal in all other aspects...size, contrast, spanish...why would they go out of their way to get all of these points correct but then add additional verbage?
30.06 Discussion - Inquiring minds want to know
Moderators: carlson1, Charles L. Cotton
-
Topic author - Senior Member
- Posts in topic: 1
- Posts: 448
- Joined: Wed Dec 15, 2010 5:50 pm
- Location: Rowlett, TX
Re: 30.06 Discussion - Inquiring minds want to know
Good question. I would like to hear what others think on this.
Re: 30.06 Discussion - Inquiring minds want to know
As the DPS lawyer liked to say, I think it's fact question a jury would have to decide. It's close enough that I probably wouldn't take the chance on it.
Brian
Brian
-
- Senior Member
- Posts in topic: 1
- Posts: 9655
- Joined: Tue Aug 12, 2008 9:22 pm
- Location: Allen, Texas
Re: 30.06 Discussion - Inquiring minds want to know
If "includes" is satisfied, the added terms do not matter.
Beiruty,
United we stand, dispersed we falter
2014: NRA Endowment lifetime member
United we stand, dispersed we falter
2014: NRA Endowment lifetime member
Re: 30.06 Discussion - Inquiring minds want to know
I agree. If they post the sign with the wording in English, Spanish and Vietnamese that would also be legal.Beiruty wrote:If "includes" is satisfied, the added terms do not matter.