Quoted:
Quoted: I asked my CHL instructor about this and here's what he said.
To summarize:
30.06 does NOT apply in parking lots anywhere anytime for anyone. Ever.
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That is just plain incorrect. Pay attention to the wording of PC30.06, it uses the word "property", not "premises". Note also it is in Chapter 30, not 46.
I suggest you get a second opinion from someone a bit more qualified than a single CHL Instructor.
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I agree with renegade on this. DVD Tracker, if you actually asked your CHL instructor then he is dead wrong. Where on earth did he get the notion that a private employer posting 30.06 in a parking lot he is violating state law. Thats just incorrect.
I am looking at the law AND the CHL Instructor's material right in front of me. If an employer tells you you by an written means, (and it does not have to be 30.06 compliant) that firearms are prohibited on company PROPERTY, then you are not only subject to termination if you have the firearm in your vehicle, but you are in violation of 30.06.
30.06 does not cover "premises". it covers PROPERTY.
Here is the law.
§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.Period, end of story.
Now we look further;
(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.So if a person in charge gives you oral OR written notice, then you have received the required notice.
(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"; That means if you are give a card or other document that states as above, you have received written communication. That includes a company policy statement, rules manual, etc. It could even include a flyer that a business owner hands to you.
Written communication ALSO includes;
(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.There you have it. The law.
The only exception to this is as follows;
(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 means if the place is a government owned or leased location that is NOT listed under 46.03 or 46.035, then they should not post 30.06, and if they do you are not in violation for carrying there. In other words, a DPS office cannot post a 30.06 sign and enforce it. Or you City Hall, if no courts are there, cannot post 30.06 and enforce it.
I don't know how to explain it any more clearly than that.