another 30.06 question

Lykoi · Post by **Lykoi** » Thu Dec 13, 2007 3:01 pm

if the business is large... i.e. a "mall"

and they fail to post a 30.06 sign at every entrance... is the sign effective if you "failed to notice" the other 6 entrances, and chose/happened across the 2-3 without the signage?

flb_78 · Post by **flb_78** » Thu Dec 13, 2007 3:07 pm

I have the understanding that they have to post at every entrance that is a public entryway.

Lykoi · Post by **Lykoi** » Thu Dec 13, 2007 3:12 pm

flb_78 wrote:I have the understanding that they have to post at every entrance that is a public entryway.

there's no "exact" language in the PC...

(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by holder of license to carry a concealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code (concealed handgun law), may not enter this
property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public.

it doesn't state "every entrance" but it's hardly enforceable if you don't have it at ALL entrances IMO.

KBCraig · Post by **KBCraig** » Thu Dec 13, 2007 3:13 pm

flb_78 wrote:I have the understanding that they have to post at every entrance that is a public entryway.

There is no such requirement; a sign doesn't even have to be at the entrance. The sign only has to be conspicuous and visible to the public.

However, if you enter without ever being in a position to see the sign, it wasn't visible to you, and you were not given effective notice under 30.06.

Circling the mall to find an unposted entrance is likely to go badly for anyone who winds up charged under 30.06.

Lykoi · Post by **Lykoi** » Thu Dec 13, 2007 3:19 pm

just to clarify, i'm not looking to be a "test case" or set precedent for this, just wanting to clarify some information i was given many years ago, and possibly clear a confusion with other CHL'ers.

flb_78 · Post by **flb_78** » Thu Dec 13, 2007 3:31 pm

So if there is only postings on the north side but you enter through the south side, you are in violation?

pt145ss · Post by **pt145ss** » Thu Dec 13, 2007 3:37 pm

flb_78 wrote:I have the understanding that they have to post at every entrance that is a public entryway.

I don't think it says that it has to be posted at every entrence.

Lykoi · Post by **Lykoi** » Thu Dec 13, 2007 3:41 pm

pt145ss wrote:
flb_78 wrote:I have the understanding that they have to post at every entrance that is a public entryway.
I don't think it says that it has to be posted at every entrence.

it's been established it doesn't

(iii) is displayed in a conspicuous manner
clearly visible to the public.

but does only half the entrances constitute "clearly visible to the public" or a "conspicuous manner"?

flb_78 · Post by **flb_78** » Thu Dec 13, 2007 3:43 pm

pt145ss wrote:
flb_78 wrote:I have the understanding that they have to post at every entrance that is a public entryway.
I don't think it says that it has to be posted at every entrence.

Then how can it be "effective"?

Lykoi · Post by **Lykoi** » Thu Dec 13, 2007 3:51 pm

flb_78 wrote:
pt145ss wrote:
flb_78 wrote:I have the understanding that they have to post at every entrance that is a public entryway.
I don't think it says that it has to be posted at every entrence.
Then how can it be "effective"?

+1

as to posting them inside the premises, they cannot as you would have already entered and are no longer seeing what would be a "prohibitive sign" in clear view, and would be in violation before entrance... the sign loses almost all legal standing when it's not at the doorway you entered in...

however, does someone have any footing if they've seen the other proper 30.06 signs yet "happen" across a non-marked entrance?? or would this only be a viable defense for those who had no prior knowledge of the signs elsewhere... ??

Post by **Charles L. Cotton** » Thu Dec 13, 2007 4:01 pm

flb_78 wrote:
pt145ss wrote:
flb_78 wrote:I have the understanding that they have to post at every entrance that is a public entryway.
I don't think it says that it has to be posted at every entrence.
Then how can it be "effective"?

If you saw one, then it's effective notice. If you didn't see one, then you haven't been given effective notice.

Look at it this way. What you saw or didn't see is controlling, not which entrance you used (assuming the one you used didn't have a 30.06 sign.)

Chas.