Search found 2 matches

by Papa_Tiger
Tue Sep 13, 2016 3:14 pm
Forum: New to CHL?
Topic: Conceal carry at work
Replies: 52
Views: 24372

Re: Conceal carry at work

TVGuy wrote:I agree he has been given notice, but wouldn't it be a class C? Unless he then came back on the premises, was told he could not have the gun there, and refused to leave?
(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.
A good DA would be able to make the case that he was orally notified and that any time he comes onto the premises with a concealed handgun, he has failed to depart after having been orally notified. Simple matter though. If the OP is caught, his manager (or someone with apparent authority) just has to say "get out now, you know that guns aren't allowed here" and then it would certainly be a Class A if he doesn't leave immediately.
by Papa_Tiger
Tue Sep 13, 2016 2:48 pm
Forum: New to CHL?
Topic: Conceal carry at work
Replies: 52
Views: 24372

Re: Conceal carry at work

txcharvel wrote:This isn't necessarily a legal notice question, it's an employment question. There is no 30.06, so you can carry...but if you do you are being insubordinate in going against the verbal instructions of your supervisor. You're not trespassing, but you could be fired.

If there is no signage, why did you ask?
Signs are not the only method of conveying the point of TPC 30.06. An oral notification (which the OP has received) serves as well. If you carry after having been told by your manager, you are committing a Class A misdemeanor and risking your license.
TPC 30.06 wrote:Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN.
(a) A license holder commits an offense if the license holder:
(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.

(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.
ETA TPC 30.06

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