OC & campus carry penalties under 30.06

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cprems
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OC & campus carry penalties under 30.06

#1

Post by cprems » Sat May 30, 2015 10:33 pm

So when does the Class C misdemeanor kick in? Where is it applicable?

What does it mean to the current 30.06 and these new bills (if campus carry passes)?

If I understand correctly, the campus carry is a class A IF carried in an area deemed off limits but notice has to be given. And a felony in other situations. Will there be a list of areas off limits?

I'm confused. Anyone shed some light on the new bills?
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Re: OC & campus carry penalties under 30.06

#2

Post by jmra » Sat May 30, 2015 10:46 pm

Looks to me like any place other than a campus violating a 30.06 sign is a class C with a max $200 fine unless you are told personally to leave and refuse then it is a class A.
On campus off limit areas would be posted with 30.06 signs. Walking past the sign is a class A in some cases and a felony in others...I think.
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Re: OC & campus carry penalties under 30.06

#3

Post by cprems » Sat May 30, 2015 10:54 pm

jmra wrote:Looks to me like any place other than a campus violating a 30.06 sign is a class C with a max $200 fine unless you are told personally to leave and refuse then it is a class A.
On campus off limit areas would be posted with 30.06 signs. Walking past the sign is a class A in some cases and a felony in others...I think.
JMRA,

Thanks. I was thinking the same thing but really needed clarification on this.

So currently, we can still be on campus in public places but not buildings, correct. When the law changes (both in time and areas restricted) we will be able to carry into unrestricted buildings etc. All these new time frames make it hard to fathom out.
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Re: OC & campus carry penalties under 30.06

#4

Post by jmra » Sat May 30, 2015 10:57 pm

cprems wrote:
jmra wrote:Looks to me like any place other than a campus violating a 30.06 sign is a class C with a max $200 fine unless you are told personally to leave and refuse then it is a class A.
On campus off limit areas would be posted with 30.06 signs. Walking past the sign is a class A in some cases and a felony in others...I think.
JMRA,

Thanks. I was thinking the same thing but really needed clarification on this.

So currently, we can still be on campus in public places but not buildings, correct. When the law changes (both in time and areas restricted) we will be able to carry into unrestricted buildings etc. All these new time frames make it hard to fathom out.
Yes. Of course it will interesting to see how administration implements the rules. Hopefully they hold to the intent of the legislature.
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Re: OC & campus carry penalties under 30.06

#5

Post by poppo » Sat May 30, 2015 11:26 pm

jmra wrote:Looks to me like any place other than a campus violating a 30.06 sign is a class C with a max $200 fine unless you are told personally to leave and refuse then it is a class A
I've seen this $200 fine mentioned several times. Is that limit specifically stated in the bill, because I thought a class C had a $500 max fine.
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Re: OC & campus carry penalties under 30.06

#6

Post by v7a » Sat May 30, 2015 11:33 pm

poppo wrote:I've seen this $200 fine mentioned several times. Is that limit specifically stated in the bill, because I thought a class C had a $500 max fine.
Yes, it's in the bill:
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.


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Re: OC & campus carry penalties under 30.06

#7

Post by Bladed » Mon Jun 01, 2015 1:24 pm

cprems wrote:So when does the Class C misdemeanor kick in? Where is it applicable?

What does it mean to the current 30.06 and these new bills (if campus carry passes)?

If I understand correctly, the campus carry is a class A IF carried in an area deemed off limits but notice has to be given. And a felony in other situations. Will there be a list of areas off limits?

I'm confused. Anyone shed some light on the new bills?
If you have a CHL, it will be a Class A misdemeanor to carry past an enforceable 30.06 sign on a college campus. Everywhere else on campus, concealed carry will be legal.


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Re: OC & campus carry penalties under 30.06

#8

Post by cowhow » Wed Jun 03, 2015 3:37 pm

As I read this thread a question came to mind and could someone clarify this for me. Either inadvertently or intentionally I walk past a 30.06 sign. Someone "in authority" determines I am armed (concealed). What then? Do I meekly stand there waiting on an officer to come write me up, or do I have opportunity to exit the premises...no harm, no foul? Excuse me for :deadhorse: It's just something that's never crossed my mind until now. Sorry if I'm hijacking the thread.


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Re: OC & campus carry penalties under 30.06

#9

Post by cprems » Wed Jun 03, 2015 4:01 pm

An interesting question. I would presume that if it's posted and well posted, an intentional violation isn't going to be a class C. I would never suggest ignoring the law.

I believe that this is correct. Hopefully someone can put this to rest.
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Re: OC & campus carry penalties under 30.06

#10

Post by casp625 » Wed Jun 03, 2015 4:22 pm

cowhow wrote:As I read this thread a question came to mind and could someone clarify this for me. Either inadvertently or intentionally I walk past a 30.06 sign. Someone "in authority" determines I am armed (concealed). What then? Do I meekly stand there waiting on an officer to come write me up, or do I have opportunity to exit the premises...no harm, no foul? Excuse me for... It's just something that's never crossed my mind until now. Sorry if I'm hijacking the thread.
IANAL, but do you pull off to the side of the road every time you are violating the speed limit? How about flag down an officer for jay-walking? Most importantly, the law states that it is a Class A if you are given oral notice and failed to depart. So by sticking around, it seems your simple Class C just got you a year in jail.
cprems wrote:An interesting question. I would presume that if it's posted and well posted, an intentional violation isn't going to be a class C. I would never suggest ignoring the law.
I believe that this is correct. Hopefully someone can put this to rest.
Sure:
(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.
The law doesn't specify whether you intentionally or accidently walked past a valid sign. It is only when you are given oral notice and failed to depart that can be charged with a Class A.


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Re: OC & campus carry penalties under 30.06

#11

Post by cowhow » Wed Jun 03, 2015 4:59 pm

casp625 wrote: Most importantly, the law states that it is a Class A if you are given oral notice and failed to depart. So by sticking around, it seems your simple Class C just got you a year in jail.
That's the meat of my question...and to also be clear I am not advocating breaking the law either. But, if I find myself beyond an enforceable 30.06 sign I am not necessarily at that point being handed a Class C and $200 fine. As I understand that portion of the bill it's only after oral notice is given that I either depart or suffer the consequences, Class A, loss of CHL, jail time, etc. Am I understanding correctly?


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Re: OC & campus carry penalties under 30.06

#12

Post by casp625 » Wed Jun 03, 2015 5:09 pm

cowhow wrote:
casp625 wrote: Most importantly, the law states that it is a Class A if you are given oral notice and failed to depart. So by sticking around, it seems your simple Class C just got you a year in jail.
That's the meat of my question...and to also be clear I am not advocating breaking the law either. But, if I find myself beyond an enforceable 30.06 sign I am not necessarily at that point being handed a Class C and $200 fine. As I understand that portion of the bill it's only after oral notice is given that I either depart or suffer the consequences, Class A, loss of CHL, jail time, etc. Am I understanding correctly?
Most people won't even know you are carrying. Here would be a more realistic scenario: You walk into an establishment that is 30.06 posted. For whatever reason, your shirt rides up and the employee sees you are carrying. If they call the cops and you are confronted, LEO can write you up to a $200 ticket for violating 30.06 (assuming it's Jan 1, 2016 or later). If you refuse to leave the premises, then you are going to get charged with a Class A.
Since most won't even notice you are carrying, you will probably be on your way without any encounter.


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Re: OC & campus carry penalties under 30.06

#13

Post by CJD » Wed Jun 03, 2015 5:12 pm

casp625 wrote:
cowhow wrote:
casp625 wrote: Most importantly, the law states that it is a Class A if you are given oral notice and failed to depart. So by sticking around, it seems your simple Class C just got you a year in jail.
That's the meat of my question...and to also be clear I am not advocating breaking the law either. But, if I find myself beyond an enforceable 30.06 sign I am not necessarily at that point being handed a Class C and $200 fine. As I understand that portion of the bill it's only after oral notice is given that I either depart or suffer the consequences, Class A, loss of CHL, jail time, etc. Am I understanding correctly?
Most people won't even know you are carrying. Here would be a more realistic scenario: You walk into an establishment that is 30.06 posted. For whatever reason, your shirt rides up and the employee sees you are carrying. If they call the cops and you are confronted, LEO can write you up to a $200 ticket for violating 30.06 (assuming it's Jan 1, 2016 or later). If you refuse to leave the premises, then you are going to get charged with a Class A.
Since most won't even notice you are carrying, you will probably be on your way without any encounter.
If they had 30.07 posted also in this scenario, could you get charged with both?


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Re: OC & campus carry penalties under 30.06

#14

Post by bigity » Wed Jun 03, 2015 5:12 pm

I went into the Post Office the other day carrying :/ First time I've screwed up. Nobody noticed how white I had turned when I walked out of the line though :)

Luckily I very rarely ever have to go into one.
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Re: OC & campus carry penalties under 30.06

#15

Post by SA_Steve » Wed Jun 03, 2015 5:43 pm

Local, county, and state police probably would not be patrolling the post office. Thankfully.
They may not even be interested in calling a Fed to come get you.

Seems there is more worry about post offices on the forums than real life warrants.
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