New 30.06 sign at work

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txinvestigator
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Post by txinvestigator »

Lucky45 wrote:
grandpatim wrote:I think if someone who has never been in this hospital before and comes through the unposted ER has not commited a crime. If they are found to be carrying and refuse to leave after notice then they are commiting a crime. My main reason for asking the question about the sign was why is the ghostbusters sign and the 51 sign are added to it. I was wondering if this is a sign that makes it legal for 30.06 postings and 51% posting instead of 2 different signs. I know the ghostbuster sign is not legal anywhere. I was also asking about the legality of where they put the sign up on the inner door of the foyer instead of the outer door. Not the legality of the sign itself. I was asking the question at the 3/4's point of a rather busy 48 hour shift. Sorry, I guess I didn't ask the questions clearly enough.


Here is your answer.
GC §411.204. NOTICE REQUIRED ON CERTAIN PREMISES.
(b) A hospital licensed under Chapter 241, Health and Safety Code, or a nursing home licensed under Chapter 242, Health and Safety Code, shall prominently display at each entrance to the hospital or nursing home, as appropriate, a sign that complies with the requirements of Subsection (c) other than the requirement that the sign include on its face the number "51".
(c) The sign required under Subsections (a) and (b)must give notice in both English and Spanish that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height. The sign shall be displayed in a conspicuous manner clearly visible to the public.
So prominently displayed means that it is in a location that you can see AS YOU ENTER.
No, here is the answer as far as charging a CHL Holder;
Texas Penal Code
§ 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
Subchapter H, Chapter 411, Government Code, 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;

(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.


(3) "Written communication" means:
(A) a card or other document on which is written
language ...................................

(iii) is displayed in a conspicuous manner
clearly visible to the public.
There is no requirement for the signs to be posted at every entrance for you to be charged. It is like the 30.06 sign. TABC laws require the signs to be posted, but it is no defense if you carry in an off-limits place because no sign was posted.

What you quoted is the requirement on the hospital, not a defense to criminal prosecution of a law in another code.

That said, I don't believe a person would be prosecuted if the entered a non posted area, even if other entrances were posted. UNLESS it could be proved that the person had been to the other posted entrance first.

Besides, the signs in the GC 411.204 are not 30.06 compliant and can be ignored. ;)
Last edited by txinvestigator on Tue Nov 13, 2007 12:24 pm, edited 1 time in total.
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GrillKing
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Re: New 30.06 sign at work

Post by GrillKing »

grandpatim wrote:The hospital I work at has posted a new 30.06 sign. Ths one has the correct language and the size of the letters is right. But in the upper left corner it has the ghostbuster sign in red.
I think the 30.06 is still valid. Additional signage is just that, additional. The addition of a ghostbusters would make entry with a rifle or shotgun, which is not covered by CHL, a tresspass offense as well. Entry with a handgun, concealed or not, is already illegal for non-CHL (and LEO, etc).

We keep getting hung up on this entrance is posted but not that entrance. I believe the operative word is 'effective notice'. Once you have seen or should reasonably be expected to see a valid sign or have been given verbal notice, you have been effectively notified. If that notice is 10 doors deep into the building, that's where notice was given and you must leave. IMHO, it doesn't have to be at every external entrance, but the notice doesn't occur until you are where the notice is given. A 'smart (!?)' organization would post at every entrance to ensure effective notice.

I also think that if you see a proper posting and enter through an unposted entrance, you were effectively notified. If they can show this is the case, you are in trouble. In my opinion, you have broken the law.

As always, my non-lawyer opinion.... You get double your money back if I am wrong.
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Post by GrillKing »

TXI beat me to the punch, I agree with him.....
Xander
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Post by Xander »

Doug.38PR wrote: I was talking about if somebody missed the 30.06 posting (but there is no way to prove that you did see it one way or the other unless it is pointed out to you personally by someone in authority and you fail to comply)
The rub is that they don't have to prove that you saw the sign and ignored it. The law doesn't state that you must be aware of and then fail to comply with the notice, but only that it must be provided, and according to the law, providing notice can mean:
a sign posted on the property that...is displayed in a conspicuous manner clearly visible to the public.
so if they can show there there was a sign clearly posted on the property when you entered, then you're technically in violation of the law whether you saw it or not. If they *did* have to prove that you saw the sign, then there would be no use allowing a sign as a form of notice, because that would create an almost impossible standard to meet. They'd have to limit the methods of notice to verbal or a form that you had signed, essentially.
Doug.38PR
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Post by Doug.38PR »

I see.
Lucky45
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Post by Lucky45 »

Hold up, TXi. I think you are getting me wrapped up in y'all little tiff. I specifically addressed grandpatim's question.

RECAPPING!!!!.

grandpatim wrote:
(Original Post)The hospital I work at has posted a new 30.06 sign. Ths one has the correct language and the size of the letters is right. But in the upper left corner it has the ghostbuster sign in red. And in the lower right corner it has the number 51 in red. Is this a legal sign? I have never seen one like this.
.......(Later Post) My main reason for asking the question about the sign was why is the ghostbusters sign and the 51 sign are added to it. I was wondering if this is a sign that makes it legal for 30.06 postings and 51% posting instead of 2 different signs.
GC §411.204. NOTICE REQUIRED ON CERTAIN PREMISES.
(b) A hospital licensed under Chapter 241, Health and Safety Code, or a nursing home licensed under Chapter 242, Health and Safety Code, shall prominently display at each entrance to the hospital or nursing home, as appropriate, a sign that complies with the requirements of Subsection (c) other than the requirement that the sign include on its face the number "51".
(c) The sign required under Subsections (a) and (b)must give notice in both English and Spanish that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height. The sign shall be displayed in a conspicuous manner clearly visible to the public.
Tell me where my answer was incorrect to his question?
If you don't stand for something, then you will fall for anything.

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txinvestigator
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Post by txinvestigator »

Lucky45 wrote:Hold up, TXi. I think you are getting me wrapped up in y'all little tiff. I specifically addressed grandpatim's question.
No one I see is having a tiff. If I mistook the direction of your post I am sorry.

I see NOW that you were teling him WHY those things were on the 30.06 sign, not that he was covered if they were not there. :cool:
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grandpatim
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Post by grandpatim »

Okay. I was talking about someone that has never been to this hospital before. Like any of you that have never been in Brownfield before. I know about the sign on the other door and I would not carry coming into the that door or any other door. I'm not a moron or a criminal. But on weekends and in the evening people coming to visit patients have to come through the ER entrance. And a lot of them are from surrounding communities that have never been in our hospital. Sorry I asked a question that got everyone so stirred up up and PO'ed at each other. :grouphug
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