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by Mike S
Fri Aug 27, 2021 11:41 am
Forum: General Texas CHL Discussion
Topic: OK what is a 46.03 sign?
Replies: 42
Views: 22489

Re: OK what is a 46.03 sign?

K.Mooneyham wrote: Fri Aug 27, 2021 11:33 am
oljames3 wrote: Fri Aug 27, 2021 9:28 am HEB in Elgin, Texas, has posted TPC 30.05 signs on both sets of front doors. TPC 30.07 sign in English is on one set of doors and TPC 30.07 sing in Spanish is on the other. TPC 30.05 sign is black letters on clear glass. TPC 30.07 sign is white letters on clear glass.
So, I take that to mean that HEB is okay with licensed concealed carry, then?
Yes, concealed carry with an LTC at HEB is the current policy, & appears to remain unchanged.
by Mike S
Sun Aug 22, 2021 3:17 pm
Forum: General Texas CHL Discussion
Topic: OK what is a 46.03 sign?
Replies: 42
Views: 22489

Re: OK what is a 46.03 sign?

Tex1961 wrote: Sun Aug 22, 2021 1:12 pm
ScottDLS wrote: Sun Aug 22, 2021 12:57 pm
Tex1961 wrote: Sun Aug 22, 2021 12:52 pm
ScottDLS wrote: Sun Aug 22, 2021 12:46 pm
powerboatr wrote: Sun Aug 22, 2021 12:29 pm double down on a GREAT presentation in this document.

my wife was up until after 4 am reading and re-reading and writing down questions.
we have had numerous hours this morning on the merits and rules plus the LTC of which i have.
its a fantastic little teaching document and my household is very very thankful it was put together. :tiphat: :tiphat: :tiphat:
really like the references that make it easier to go read the law to further help guide the brain

i did find the chart to be odd in regards to signage and how the law makes its seem funny, if posted one way then only unlicensed holders are allowed :biggrinjester:
That and the contention that a Beretta silhouette with a circle and a slash constitutes effective notice under 30.05. Lawyers being lawyers, especially since they have prepaid legal services offerings and it is in their interest to dissuade you from being the proverbial "test case".
What contention, it’s pretty black and white for non LTC.. Gun buster signs are effective notice under C carry.
What section of TXPC 30.05 supports that contention?
There is no contention.... I.E No argument.... 30.05 under criminal trespass. Effective notice (and I don't have the new text under HB 1927). 30.05 or gun buster sign is legal when not carrying under the authority of LTC... 30.06 / 07 are the actual only signs that must meet a legal definition under LTC, whereas 51% and 46.03 apply to both... 30.05 and gun buster apply to C carry only... read the US law shield publication.. Their attorneys and multiple others out there who are much smarter than me agree that gun buster signs are effective and legal notice for C Carry.
I agree that the linked document is a great reference, however I will temper that page 15's assertion that "Gun Buster" signs are effective notice for Constitutional Carry isn't firmly rooted in the language of HB1927.

I would agree if it was pitched as "play it safe, & if you are carrying under the Act (without an LTC), then we'd advise you to not play the odds of the local prosecutor accepting charges under TPC 30.05". However, the actual language of HB 1927 requires the notice to be "identical or substantially similar" to this phrase:

"Pursuant to Section 30.05,
Penal Code (criminal trespass), a person may not enter this property with a firearm"; and

"In English & Spanish"; and

"appears in contrasting colors with block letters at least 1" in height"; and

"displayed in a conspicuous manner clearly
visible to the public."

I don't discount that there are prosecutors who will accept charges. I'm also not a lawyer, so I won't be representing anyone & using the argument that a circle/slash through an image of a handgun does not meet each of the elements required by the law (ie, not using words identical nor substantially similar to the phrase required by the law; a pictogram that's neither in English nor Spanish; nor block letters at least 1" in height). . But, I also won't be echoing that those images are actually legal notice.

For those interested in reading the actual HB 1927, here it is: https://capitol.texas.gov/tlodocs/87R/b ... navpanes=0

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