To my knowledge this is not an effective sign prohibiting the carrying of a firearm.
The question I have is that if a building owner who leases offices in the building to Doctors
(this is not a hospital) does this have the weight of law?
Can a business owner whose building is open to the public prohibit firearms and does this sign do that?
I went back to my truck and left my firearm there but I felt like I shouldn't have to.
I thought I put it up for some advice.
Be without fear in the face of your enemies.
Stand brave and upright that the Lord may love thee.
Speak the truth always even if it means your death.
Protect the helpless and do no wrong!
PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:
(1) 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 with a concealed
handgun was forbidden; or
(B) remaining on the property with a concealed 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 30.06, 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.
(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 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 or 46.035.
That sign keeps non-licensees, non-CHLs from entering with a handgun to steal drugs from doctors' offices.... well, that's what they want it to do anyway.
CHLs can ignore that sign. It is not a 30.06 sign and it is not a Red 51% sign at a bar. The location isn't a polling place nor Court nor school ... or other prohibited location ... Walk on by it.
Smokers should heed the sign
Last edited by RPB on Wed Aug 15, 2012 4:39 pm, edited 1 time in total.
I'm no lawyer
"Never show your hole card" "Always have something in reserve"
Moby wrote:To my knowledge this is not an effective sign prohibiting the carrying of a firearm.
The question I have is that if a building owner who leases offices in the building to Doctors
(this is not a hospital) does this have the weight of law?
Can a business owner whose building is open to the public prohibit firearms and does this sign do that?
I went back to my truck and left my firearm there but I felt like I shouldn't have to.
I thought I put it up for some advice.
; and furthermore, it makes no sense to carry into any medical office when one may have to disrobe - either fully or partially. Why call attention to yourself, and the rest of us, and perhaps cause the proper sign and/or notice to come into play?
One time in Tyler, I had to hand the CCW to Mrs. Oldgringo in the presence of the nurse in order to receive an unexpected shot in the buttocks. While that was no big deal at that time and place, it definitely is not recommended procedure.
Some of the folks on here carry to their doctor's offices all the time and their doc is aware of that. I think TAM even had a story once where the nurse weighing him mentioned that he'd picked up a couple of pounds and the doctor said she could subtract two from the scale's weight.
Anyway, that sign is an old sign that was a nice reminder when hospitals were automatically off limits. Now, they must post a 30.06 sign regardless of who owns it unless it is owned by a University. There is a sign like that on the building where my doctor is located. I carry in there whenever I'm not going to have to uncover. My doctor does not know about my CHL and I don't feel like telling him about it yet either.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016. NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
I shake my head at the ignorance of those signs and carry right past them.
Either
1. The person who posted that sign is ignorant of the fact that it's not 30.06 compliant.
..... or
2. The person who posted it knows the deal, but the people that are made to falsely feel safer by it are ignorant of reality.
I am not a lawyer. This is NOT legal advice.! Nothing tempers idealism quite like the cold bath of reality.... SQLGeek