srothstein wrote:Allow me to explain my logic please. It really makes the beauty of the 30.06/07 law more clear and something to be thankful for.
I have been saying all along that the 30.06/30.07 sign in Texas is a blessing for us and we need not be bad mouthing it.
srothstein wrote:Criminal Trespass is a violation of the law under section 30.05. That law says that if you enter onto any property without the effective consent of the owner you have violated the law. The lack of effective consent may be communicated orally or by printed sign or in a few other specific means (such as a fence designed to keep animals in or people out).
In the Panhandle/South Plains electric fences are common to keep livestock in while grazing on wheat fields. Said electric fences are to keep livestock in; would that be enough to keep people out as well?
srothstein wrote:Please note that there is no law requiring the notice to have any specific format. In many cases under the law, the notification may be something fairly obscure. One example that people may not be aware of is a purple stripe painted on a fence post or even a tree. It has a few specific rules, such as height and width, but how many Texans are aware of the purple stripe law. And note that this actually applies anywhere in Texas. A purple stripe painted 1000 feet apart in a city means the entry is forbidden. That may not be known or clear to the visitor but it applies.
I was aware of this law, but I have a question:
Can the purple stripe be on only one tree, say in my front yard, or does it have to be between two trees or a combination of trees/fence posts?
So, could I simply tie a purple ribbon on the only tree in my front yard in lue of a "No Tresspassing" sign on my front door?
The law may be unclear on what is required. For example, it specifies a fence obviously designed to keep livestock in or intruders out. If I have a plot of land that is 10 acres in size and plain pasture so you can see the whole thing and it is completely empty, is a three rail pipe fence designed to keep livestock in or intruders out? When there are no livestock on the land? But the law applies.
And finally, the law says a sign posted that is reasonably likely to come to the attention of a visitor is notice. It has no requirements for size or specific wording or coloration. So any sign would apply. The good thing is that it doesn't apply to a person with an LTC or a current peace officer if the reason is a gun.
So any sign that tells me that entry is forbidden would apply to me. ...
So, why not and get a LTC and be covered?
And, along these lines; Since, I'm assuming that all of here have a CHL/LTC, is there anytime we can say lay down our license and carry not under the authority that it gives? (say walk past a 30.06 sign or carry in the seat beside you and not in a belt holster ?) I know, another can of worms.
srothstein wrote: ... And, the whole concept of the red circle with a slash is that it is an internationally recognized symbol that whatever is contained in the circle is forbidden. Do you really think the court buy that you thought it only applied to the specific make or style of pistol in the circle? I think they would extend it to any pistol at all and I bet the owner would say that is what he intended. What about a sign that said "No Weapons" in plain English? I would bet the court would include any knives, even the one inch blade folding Swiss army knife that I would never consider using as a weapon. They would also probably say it included the club I used to carry too, along with my Taser and OC spray.
And this is why people with an LTC owe so much to the TSRA, in my opinion. In other states, these very laws and signs we disparage and question still apply to licensed carriers too. They are regularly enforced by law enforcement there, and in Texas for things other than a licensed person with a pistol. ...
Which is why I was asking such questions in another posting a couple of weeks ago.
srothstein wrote:... Only in Texas (as far as I know) do we have such specific rules on what constitutes notice and how it must be posted with minimum size requirements and specific wording. If it is because you are carrying a gun, you do not need to worry about the vagueness of 30.05. And you do not need to worry about Dan Morales' opinion that was written when 30.05 did apply to licensed carriers. But it still would apply to people who are carrying that do not have a license.
As I said, I doubt we will see it anytime soon, especially since I trust the police to use common sense, but the law does apply as written still. And it says for non-licensed carriers, any sign does stop them from carrying a pistol And it still would apply to any person carrying a knife if it says no weapons.
Thank you Steve