Originally posted by big_tiger
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TPC section 30.06 covers "Trespass by a person licensed to carry a concealed handgun". It allows a residential or commercial landowner to post signage that preemptively bars licensed persons from entering the premises while carrying concealed. It is a Class A misdemeanor to fail to heed compliant signage. Signs posted in compliance with TPC 30.06 are colloquially called "30.06 signs" or "30.06 signage".
The courts have yet to rule on any specific requirements of 30.06, but CHL permittees are generally instructed that signage which does not comply exactly with TPC Sec. 30.06(c)(3)(B) is not binding. By the letter of the law, compliant signage must be:
A single sign (splitting the required language across two signs is considered non-compliant),
In contrasting colors (engraving the wording into a stone facade or onto a metal plate is considered non-compliant unless the engraving is then filled in with a contrasting color),
Having text 1" or greater in height,
Containing exactly the text specified by the law (even one letter difference makes the sign invalid). The legal verbiage is:
"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."[6]
In both English and Spanish (English-only signage is non-binding),
Posted in a "conspicuous" manner "clearly visible to the public" (generally considered as "you can't fail to see the sign before being in violation of it").
Certain government-owned or government-leased buildings cannot post 30.06 signage. If a government building is not a prohibited premises by any other statute, and 46.03 and 46.035 do not specifically allow (or require) that government building to post 30.06 signage in order to prohibit carry, any 30.06 signage posted on the building is non-binding per TPC 30.06(e).
Certain specific types of buildings used to be prohibited with or without signage, such as meetings of government entities, churches, and amusement parks. These places are currently required to post compliant signage in order to prohibit carry.
Hospitals are a gray area due to conflicts in the law and multiple provisions that may apply to a medical facility:
License holders were originally prohibited from carrying concealed inside a hospital without written authorization, under TPS 46.035(b)(4).
An amendment in 2007 added paragraph (i) to the same section, stating that (b)(4) does not apply if the license holder did not receive compliant notice under TPC 30.06, which basically requires hospitals to post compliant 30.06 signage to prohibit CHL holders from carrying.
But, a hospital may be a "teaching hospital" and thus a "school", in which concealed carry is prohibited with or without signage.
It may also be a VA or military hospital, and thus subject to Federal prohibition on weapons carry.
"High-security" wings of a hospital used to treat convicted inmates fall under the heading of "correctional facilities", again prohibited with or without signage.
Lastly, all hospitals are required under Government Code Section 411.204(b) to post a sign stating, similarly to a "51%" establishment, that possession of a handgun whether licensed or not is a felony. It is unknown, given the amendments to 46.035, whether the GC 411.204 signage would actually prohibit a CHL holder from carrying, as it would not constitute "effective notice under section 30.06" and GC 411.204 does not describe failure to heed such a sign as an offense by the license holder.
Anyone who owns or controls property may, at any time, verbally inform a person that they must leave the premises, for any non-discriminatory reason including the reasonable suspicion that a person is carrying a concealed weapon. Again, under 46.035, "premises" refers only to buildings or parts of buildings; it is legal to carry in a parking lot or while in one's own car, and business owners may not prohibit such practice.
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Yes, all of the "unauthorized carrying", "Weapons not allowed", "guns banned" bullshit signs that businesses post mean nothing to a CHL holder. Only the 30.06 signage can keep a CHL holder from lawfully carrying on the premises, except for those places such as schools, court houses etc outlined in the law..."Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson, 1776
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Originally posted by motoman View PostDidn't they just change the rules about the post office saying it's unconstitutional? Thought I heard/read that somewhere."It's another burrito, it's a cold Lone Star in my hand!"
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Originally posted by IHaveAMustang View PostJust noticed yesterday Cinemark in Grapevine has "firearms prohibited" in a non-30.06 sign out front.
I enjoyed walking right past it conceal carrying my 1911, a bag of cookies, some pretzels and a coke.
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Originally posted by IHaveAMustang View PostJust noticed yesterday Cinemark in Grapevine has "firearms prohibited" in a non-30.06 sign out front.
I enjoyed walking right past it conceal carrying my 1911, a bag of cookies, some pretzels and a coke.2013 F150 STX Supercab 5.0L w/3.55 LSD
1990 GT Convertible
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Originally posted by stang2be View PostThat's an awful lot to conceal. I hope you weren't printing with those pretzels
"Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson, 1776
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Originally posted by bybotie View PostAll the non-30.06 signs will have to come down on Sept 1st. The new laws make it possible to fine anyone posting a non-30.06 sign.
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Originally posted by motoman View PostDidn't they just change the rules about the post office saying it's unconstitutional? Thought I heard/read that somewhere.Originally posted by dee View PostI'm not sure I haven't looked at any of the new CHL laws that passed this last session.
Federal property = no concealed (or open) carry by citizens.
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Not a law against it, but a change to the law that makes it very hard for anyone to get "in trouble" for accidentily showing their weapon..."Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson, 1776
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Originally posted by kbscobravert View PostIs what I figured.
The only sign posted is the typical "the UNLAWFUL carry of a firearm......"Originally posted by kbscobravert View PostBWW is notorious for their yellow signs on the doors that say no firearms on the premises or some shit like that. They appear to be very anti-gun.Originally posted by kbscobravert View PostWhich sucks cause I like their food.Originally posted by big_tiger View PostI don't think that is a legal sign, since it doesn't state the 30.06?Originally posted by Chopped54 View PostIt's not legal but points out that they are fucks!
Cinemark has the same shit, I carry in both!Originally posted by BlackGT View PostYes, all of the "unauthorized carrying", "Weapons not allowed", "guns banned" bullshit signs that businesses post mean nothing to a CHL holder. Only the 30.06 signage can keep a CHL holder from lawfully carrying on the premises, except for those places such as schools, court houses etc outlined in the law...
Originally posted by dee View PostI'm not sure I haven't looked at any of the new CHL laws that passed this last session.
Originally posted by bybotie View PostAll the non-30.06 signs will have to come down on Sept 1st. The new laws make it possible to fine anyone posting a non-30.06 sign.
Originally posted by franks View PostWhy would there be a law against non 30.06? That seems counter productive to chl holders....there will just be more 30.06 signs now
Here's a summary of the new laws effective Sept. 1, 2013:
Last edited by GhostTX; 07-15-2013, 09:24 AM."Self-government won't work without self-discipline." - Paul Harvey
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