Is this sign "legal"?

[ram57ta]

Took my mother to a doctors office today for an injury over the weekend and they sent us to another clinic further up the road for a few X-rays. Upon entering the front door of the "clinic" I noticed this sign posted on the front door and I came to the conclusion it didn't meet the required 30.06 signage..so I carried. This "clinic" is NOT a hospital but IS a medical facility. To be specific it is a spinal injury clinic built inside the old Circuit City building at Meadows and I-75. I just want to know if carrying here is a violation on my part (CHL holder), or if the signage wouldn't hold water in court.

[GhostTX]

No.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
...
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.
...
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.
...

http://www.txdps.state.tx.us/internetforms/forms/chl-16.pdf

[Mr_Fiux]

So you are in the clear because its not written in both english and spanish

[8mpg]

GhostTX didnt finish the section:

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license holder
carries a h andgun on or about the license holder's person under the
authority of Subchapter H, Chapter 411, Government Code, and
intentionally fails to conceal the handgun.
(b) A license holder commits an of fense if the license holder
intentionally, knowingly, or recklessly carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, on or about the license holder's
person:
(1) on the premises of a business that has a permit or license issued
under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the
business derives 51 percent or more of its income from the sale or service
of alcoholic beverages for on-premises consumption, as determined by
the Texas Alcoholic Beverage Commission under Section 104.06,
Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional
sporting event or interscholastic event is taking place, unless the license
holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health
and Safety Code, or on the premises of a nursing home licensed under
Chapter 242, Health and Safety Code, unless the license holder has
written authorization of the hospital or nursing home administration, as
appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established
place of religious worship.
(c) A license holder commits an offense if the license holder
intentionally, knowingly, or recklessly carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless
of whether the handgun is concealed, at any meeting of a g overnmental entity.
(d) A license holder commits an offense if, while intoxicated, the
license holder carries a han dgun under the authority of Subchapter H,
Chapter 411, Government Code, regardless of whether the handgun is
concealed.
(e) A license holder who is licensed as a security officer under
Chapter 1702, Occupations Code, and employed as a security officer
commits an o ffense if, while in the course and scope of the security
officer's employment, the security officer violates a provision of
Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) “Amusement park” means a permanent indoor or outdoor TEXAS CONCEALED HANDGUN LAWS 39
facility or park where amusement rides are available for use by the
public that is located in a county with a population of more than one
million, encompasses at least 75 acres in surface area, is enclosed with
access only through controlled entries, is open for operation more than
120 days in each calendar year, and has security guards on the
premises at all times. The term does not include any public or private
driveway, street, sidewalk or walkway, parking lot, parking garage, or
other parking area.
(2) “License holder” means a person licensed to carry a handgun
under Subchapter H, Chapter 411, Government Code.
(3) “Premises” means a building or a p ortion of a building. The
term does not include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A
misdemeanor, unless the offense is committed under Subsection (b)(1)
or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) that the actor,
at the time of the commission of the offense, displayed the handgun
under circumstances in which the actor would have been justified in the
use of deadly force under Chapter 9.

[double amendment to same provision]
(h-1) *[as added by Acts 2007, 80th Leg., R.S., HB 1889.] It is a defense to
prosecution under Subsections (b) and (c) that the actor, at the time of the
commission of the offense, was:
(1) an active judicial officer, as defined by Section 411.201,
Government Code; or
(2) a bailiff designated by the active judicial officer and engaged in
escorting the officer.
(h-1) *[as added by Acts 2007, 80th Leg., R.S., HB 2300.] It is a defense to
prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the
time of the commission of the offense, the actor was:
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section 411.201,
Government Code; or
(3) a district attorney, assistant district attorney, criminal district
attorney, assistant criminal district attorney, county attorney, or assistant
county attorney.

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.
(j) Subsections (a) and (b)(1) do not apply to a historical reenactment
performed in compliance with the rules of the Texas Alcoholic Beverage
Commission.
(k) It is a defense to prosecution under Subsection (b)(1) that the actor
was not given effective notice under Section 411.204, Government Code.

[2165 Turbo Rail]

So because it isn't the 30.06 sign you can carry?

[silverhatch]

Yep that sign has no meaning.

[ceyko]

What's funny is you try to explain this to business owners or people who do not want guns on premise (for other purposes) - and they look at ya like you're retarded.

[2165 Turbo Rail]

Ok good that's what I thought I need to get my CHL

[CJ]

LOL hell no that's ridiculously insufficient. Someone correct me if I'm wrong, but the law use to read that EVEN IF 30.06 is correctly displayed, it has to be displayed on ALL entrances to the location, and I believe it's rendered irrelevant if it isn't, unless that has changed.

[KBScobravert]

The only way you are breaking a law is if they notice your carry and then they can ask you to leave; at which time you would. If you don't leave you are now trespassing.

Sign is not sufficient to prevent you from continuing to carry in accordance with your CHL.

[CJ]

The only way you are breaking a law is if they notice your carry and then they can ask you to leave; at which time you would. If you don't leave you are now trespassing.

Sign is not sufficient to prevent you from continuing to carry in accordance with your CHL.

Unless otherwise specified (51%, state/federal property, etc.). Hey Keith, how long are you back for?

[KBScobravert]

Unless otherwise specified (51%, state/federal property, etc.). Hey Keith, how long are you back for?

Dude I am in the terminal right now waiting for a flight back. I will be back on Monday though for 20 days this time.

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[2165 Turbo Rail]

Dude I am in the terminal right now waiting for a flight back. I will be back on Monday though for 20 days this time.

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are you shitting me!.. they are making you go all the way back there for a week?!

[YALE]

dude i am in the terminal right now waiting for a flight back. I will be back on monday though for 20 days this time.

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gtg?

[CJ]

Dude I am in the terminal right now waiting for a flight back. I will be back on Monday though for 20 days this time.

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The fuck? What a giant pain in the ass. And they paying for the flights?