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Howdy all, drove by the Allen gun show today while running some errands. Didn't stop in as I had to get home to watch the Aggie game, but noticed that they had posted "sandwich boards" with 30.06 and 30.07 notices at the entrance to the CITY OWNED FACILITY. I know that this has been discussed before, but has there been any progress on getting a "legal" opinion on this? As always, lots of LE presence to intimidate anyone thinking of carrying past the signs.....

1. 30.06/30.07 signs on public property not listed in penal code sections 46.03 and 46.035 is not enforceable.
2. Government code 411.209 opens governments up to fines for wrongful exclusions.
3. Texas AG opinion KP-0108 concludes that an entity that leases government property at arms length may post notice, but it is unenforceable.
4. Gun shows most likely do NOT meet the "at arms length" provision due to the short term nature of their leasing the facilities.

G.A. Heath wrote:1. 30.06/30.07 signs on public property not listed in penal code sections 46.03 and 46.035 is not enforceable.
2. Government code 411.209 opens governments up to fines for wrongful exclusions.
3. Texas AG opinion KP-0108 concludes that an entity that leases government property at arms length may post notice, but it is unenforceable.
4. Gun shows most likely do NOT meet the "at arms length" provision due to the short term nature of their leasing the facilities.

It is completely legal to carry past these signs. You might want to avoid OC given the possibility of harassment. Then again, you may want to avoid the show entirely since they are willing to (most likely) break the law to infringe on your civil rights.

Why not do what I did, take pictures of the signs, notify your city manager of the "illegal" nature of the posting, make sure that he has the signs removed if not this show then at the next one and file a complaint with the AG if signs are not removed. Worked for me. Complained in March and no signs in August at next show. Also, complain on Facebook about the illegal signs.

G.A. Heath wrote:Gun shows most likely do NOT meet the "at arms length" provision due to the short term nature of their leasing the facilities.

Actually, short-term arrangements such as a trade show are far more likely to be arms length than any longer term lease in which the city is landlord. In my experience as a former Assistant City Attorney, the city acts as landlord primarily to offer sweetheart deals to favored groups. Rarely did I work on a city-as-landlord lease where economics instead of politics drove the train.

rotor wrote:Why not do what I did, take pictures of the signs, notify your city manager of the "illegal" nature of the posting, make sure that he has the signs removed if not this show then at the next one and file a complaint with the AG if signs are not removed. Worked for me. Complained in March and no signs in August at next show. Also, complain on Facebook about the illegal signs.

Which gun show promoter, or was it a particular location?