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9/22/2017 12:11:25 AM
Posted: 8/28/2003 5:22:49 PM EDT
What is up with the discrepancy with what a LEGAL 30.06 sign is? According to the state website and the CHL paperwork the sign must be exactly:

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A 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."

However the TSRA paperwork show that this is the way the sign must be exactly:

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER ART.4413(29EE)REVISED STATUTES (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."


I've marked the differences in RED. My first reaction is to say that the states' site is the correct one and ignore the TSRA's. However at the local Houston gun shows, it is the TSRA version that is displayed, at Katy Mills mall, again the TSRA version, at Memorial Hermann hospital, again the TSRA version. Did I miss something in my reading or am I correct in thinking that the Texas State Rifle Assoc. has gotten this important thing wrong?

Help me out here!?!?!
Link Posted: 8/28/2003 5:36:30 PM EDT
i would go by what the state says. after all, the D.A. wont ask TSRA for info in your prosecution
Link Posted: 8/28/2003 6:23:50 PM EDT
I would agree with you. However, it makes me wonder that at the gun shows they are posting an incorrect 30.06 sign. Guess that means I could carry.
Link Posted: 8/28/2003 9:14:51 PM EDT
I wonder if this has anything to do with the new laws going into effect on Sept. 1? As of 9-1-03 the state is the only .gov agency that can say where CHL can be carried. Local .govs cant over rule the state on this anymore. Any CHL instructors here who can straighten this out for us?
Link Posted: 8/28/2003 9:39:36 PM EDT
[Last Edit: 8/28/2003 9:40:38 PM EDT by SSD]
Lets see if I can add more confusion...
www.txdps.state.tx.us/administration/crime_records/chl/signposting.htm


In order to provide notice that entry on property by a license holder with a concealed handgun is forbidden, Penal Code Section 30.06(c)(3)(A) requires that a written communication contain the following language:



Originally Posted By Slumlord:
What is up with the discrepancy with what a LEGAL 30.06 sign is? According to the state website and the CHL paperwork the sign must be exactly:

"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A 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."...

Help me out here!?!?!




Please note that while the language provided above may be downloaded for convenience, it does not meet the requirements of Section 30.06(c)(3)(B) and may not be used as a sign.

WTF???

Link Posted: 8/28/2003 9:56:37 PM EDT
Found it... (see red text below and save the Statutes part of the link.)
www.capitol.state.tx.us/statutes/pe/pe0003000.html#pe006.30.06

§ 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.



Added by Acts 1997, 75th Leg., ch. 1261, § 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.24, eff. Sept. 1, 1999.

Link Posted: 8/29/2003 6:01:03 PM EDT
To add even more interest. I recently went to Grapevine Mills mall. In the entrances to the mall were legal "30.06" signs.

If you entered via the department stores, there were NO SIGNS to tell you that you were in a "30.06" area.

So, you can beat the rap, but not the ride kiddies.

TRG
Link Posted: 8/29/2003 9:10:36 PM EDT

Originally Posted By TheRedGoat:
So, you can beat the rap, but not the ride kiddies.

TRG



This seems to sum it up. Unless you want to carry around a copy of the statutes with you and think the officer would believe you anyway, good luck.

However the benefit is concealed is concealed!!
Link Posted: 9/9/2003 10:10:46 AM EDT
The original 30.06 wording was "4413, 29EE", it was changed to "Chapter 411, sub-chapter H" in 1997 (however, TX DPS still has the old 4413, 29EE verbage and they "think" it complies with the law. ;)

SB 501 has forced them to take down the 30.06 signs at DPS offices.

I recommend treating both signs as valid.
Link Posted: 9/9/2003 11:34:13 AM EDT

Originally Posted By switch:
The original 30.06 wording was "4413, 29EE", it was changed to "Chapter 411, sub-chapter H" in 1997 (however, TX DPS still has the old 4413, 29EE verbage and they "think" it complies with the law. ;)

SB 501 has forced them to take down the 30.06 signs at DPS offices.

I recommend treating both signs as valid.



I always found it insulting that the agency appointed to support the CHL laws would not allow its 'students' to carry in their offices.

TRG
Link Posted: 9/17/2003 6:03:49 PM EDT
I agree. After SB 501, they had to take down all the 30.06 signs. ;)
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