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Posted: 12/4/2002 2:01:03 PM EDT
If a private landowner does not want firearms on their property must they post the 30.06 to prohibit CHL holders from carrying?
Link Posted: 12/4/2002 2:03:49 PM EDT
I think oral notice works as well. Somebody else will chime in and either agree or shoot me down shortly.
Link Posted: 12/4/2002 2:05:14 PM EDT
You said [b]oral[/b].
Link Posted: 12/4/2002 2:34:36 PM EDT
Hey Bung, This should help. From the Texas Penal Code: Sec.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 Art.4413(29ee), Revised Statutes, 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, [b]a person receives notice if the owner of the property or someone with apparent authority[/b] to act for the owner [b]provides notice to the person by oral or written communication.[/b] (c)In this section: (1)"Entry" as assigned by Sec.30.05(b) (2)"License holder' as assigned by Sec.46.035(f). (3)"Written communication" means: (A)a card [b]or[/b] other document on which is written language [b]identical to the following:[/b] "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"; 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. CMOS
Link Posted: 12/4/2002 2:34:59 PM EDT
This is actually a really good question. Setting aside the additional complications of private employers attempting to limit CC, particularly in places "open" to the "public", the answer is not clear. "A property owner may post a sign to forbid access (for example, "keep out" or "no unauthorized personnel") or to set conditions for access ("open from 9-5" "no shirt, no shoes, no service") but it's illegal to discriminate on the basis of age, sex.....It's not perfectly clear what law is broken by walking past a private no-guns-allowed sign, or how a resident who is licensed to carry concealed could be charged for such an act." From "The Texas Gun Owner's Guide" by A. Korwin and G. Lockwood, 1996, page 72. Confused yet? bjt
Link Posted: 12/4/2002 2:40:04 PM EDT
Oops, looks like they fixed the problem. Penal code 30.06 isn't included in the book I quoted so it must be newer than '96. Sorry. bjt
Link Posted: 12/4/2002 2:53:18 PM EDT
Well, here's the deal. I'm going to a private ATV park this weekend and their website says "No firearms allowed in park". Do they have to specifically prohibit CHL holders from entering with a firearm. Or, does the "no firearms" apply to everyone.
Sec.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 Art.4413(29ee), Revised Statutes, on property of another [red]without effective consent[/red]; and (2)received notice that: (A)entry on the property by a [red]license holder[/red] 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.
View Quote
Is the "without effective consent" the key phrase?
Link Posted: 12/4/2002 3:03:01 PM EDT
Basically the "No firearms allowed in park" thing doesn't mean shit to a CHL holder. In order for the prohibition to be in writing and be within the guidelines of the law it must be posted at all entrances, have the correct wording contained within the 30.06 statute, be in contrasting colors with the sign it's on, the letters must be a minimum of 1" high, and it must be in both english and spanish. If they don't have these signs at the entrance to the park then just ignore it, unless you are verbally warned of the law while you are there.
Link Posted: 12/4/2002 3:05:14 PM EDT
If you're a lawful CHL holder then written comunication must conform to the provision described in "30.06". My understanding is that any verbal communication by the property owner (or his/her lawful representative) suffices. BTW, I Am Not A Lawyer.
Link Posted: 12/4/2002 3:13:09 PM EDT
ETH! Report for duty!
Link Posted: 12/4/2002 3:15:53 PM EDT
You don't have to ask a business for consent to carry on their property. Is the fact that the 30.06 sign is [b]not[/b] posted meant to be "effective consent"?
Link Posted: 12/4/2002 3:18:26 PM EDT
Bung, The "No firearms allowed in park" sign means nothing to you as a CHL holder. As long as you stay "concealed" you're legal. IF they should discover you are carrying [b]and[/b] they give you direct notice then you have to remove the firearm from the premesis or you can be legally prosecuted. (You cannot be prosecuted if you leave upon their request). Go have fun and take your pistol with you. CMOS
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