If a private landowner does not want firearms on their property must they post the 30.06 to prohibit CHL holders from carrying?

I think oral notice works as well. Somebody else will chime in and either agree or shoot me down shortly.

You said [b]oral[/b].

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

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

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

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.



Is the "without effective consent" the key phrase?

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.

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.

ETH! Report for duty!

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"?

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