First time carrying and seeing Bogus "No Handgun" sign

[atxscubasteve]

Today, I went to the orthodontist's office, and I saw this sign posted next to the entrance. I checked, and it was posted on both entrances. It is obviously not the official 30.06 sign and according to my recollection, there is no State Law that prohibits carrying a handgun on this premise. Therefore, I disregarded this message and carried inside.

For those of you familiar with the area, this building is located next to Pluckers on South Lamar in South Austin. I know there are some very knowledgeable people on this forum so correct me if I am wrong, but I believe that unless I was given notice orally or written then I am legal to carry concealed. Orally is self-explanatory, and written requires that there be a proper 30.06 sign, which in this case, there was not. I also can't carry inside a school, major sporting event, correctional facility, hospital if 30.06, amusement park if 30.06, church if 30.06, racetrack, secured area of airport, courthouse, or polling place.

The office building I went to is none of the above; according to your humble or not so humble opinions, did I obey the law by carrying concealed into this building? You're thoughts and comments will be much apprciated. I also will not tell the building manager there sign is incorrect because I don't want them putting up a legit one.

[gthaustex]

That sign looks like an attempt to ban carry using the old VCS 4413 statute. That used to be essentially an equivalent to the 30.06 sign that is now required. I occasionally see that on entrances that have not updated their signage to the modern times. That sign looks relatively new though...not faded or worn. I wonder if they redid the sign and didn't know / didn't bother to check on what was required (30.06). You are correct that the sign was not a valid 30.06 sign. That said, as with any sign, someone could still call the police and try to have you take a ride. Therefore, as we say, concealed means concealed.

[Keith B]

Looks like a medical office facility, so no law against carrying there. Written could also be a piece of paper handed to you with the wording of the 30.06; doesn't have to be a sign.

[Wes]

State law does prohibit carrying a handgun if its not a) concealed and b) concealed by a person licensed to do so. So,
essentially, it is a valid sign for most people, just not those of us with a CHL. Carry on!

[atxscubasteve]

I got this from http://www.texaschl.us/faq.htm#vcs
"If a hospital is posting the V.C.S. Article 4413 (29ee) signage, does this affect me carrying as a CHL holder?
The V.C.S. (Vernon Civil Statutes) Article 4413 (29ee) refers to the entire Texas Penal Code section pertaining to CHL holders. As of 09/01/1997, the amended laws require the correct posting of the 30.06 statute in order to prohibit CHL holders from carrying in locations that are not otherwise prohibited by law or by other permitted posting (ie. the red 51% signage issued by TABC).
In short, the old V.C.S. posting alone does not prohibit you from carrying on these pemises"

Thanks for all the quick responses!

[cw3van]

Just remember if police are called & the officer feels that effective notice was given you will take a ride & lose your right to carry until the case is disposed of that could take a while.

[paustin]

Time for a new dentist

And yes, ignore (until correct 30.06 is posted)...

[atxscubasteve]

I don't think I'll worry about it, correct sign was not posted, I would just ask for the cops supervisor to come out and explain to him the statute in the Texas Law. This is when its a good time to have a CHL lawyer on speed dial. I'd rather be judged by 12 than carried by 6.

[Grillmark55]

Not a compliant sign per 30.06. I never say anything to people (employees) in places about improper signs. I just go about my business; they don't know I'm carrying and if they call me on it, I have a copy of 30.06 (regarding signage) in my wallet that I can show them. And if it really gets down to it, I've even asked "How many people in this store have had zero felony convictions, no class A or B misdemeanors, not been diagnosed with a psychological illness, not delinquent with child support, student loans, income taxes, not chemically dependent AND been fingerprinted and passed State and Federal background checks?"
By the way, per PC 46.305, it is not only professional sporting events, but also high school, collegiate or interscholastic event is taking place.

[bdickens]

Good to see someone was paying attention in class.

[Beiruty]

Is that weird, that long guns are not illegal to carry open or concealed and are exempt from 30.06 notices. The most that a private property owner can ask you to do is, just leave.

[TheDude]

Time for a new dentist

Why? That sign doesn't apply to him. Just don't mention it to anyone and a 30.06 sign will most likely never get posted. If a 30.06 sign does appear then yeah I agree that is time to find another Dentist.

[atxscubasteve]

The way the law is written is extremely convoluted.

PC §42.01. DISORDERLY CONDUCT.
(a) A person commits an offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm;

It does not define what constitutes a "manner calculated to alarm"

[Ericstac]

It's not a bogus sign. That sign keeps the bad guy from carrying a gun into the building.

[paustin]

It's not a bogus sign. That sign keeps the bad guy from carrying a gun into the building.

Not sure 'bad guys' care about ANY sign