Legal Signs (enforceable signs for CHLers)

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Why the confusion on legal signs?

1. I'm scared at any sign.
1
1%
2. I missed that part in class.
0
No votes
3. I haven't read the PC.
2
2%
4. I know what signs are legal and which ones are not.
92
97%
 
Total votes: 95

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Texas Size 11
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Re: Legal Signs

Post by Texas Size 11 »

pbwalker wrote:
Texas Size 11 wrote:
PJK wrote:I sat through the class and have read the PC. I feel I know what signs are legal and do not need to ask. However, I think we should all give those that are unclear a break. Personally, I am glad that there are lots of questions. The more informed the CHL holders are, the less chance one will make a mistake and become the poster child of the Brady Campaign.

The purpose of this forum is for people to learn and share information. There are many beginners out there that want to make sure they get it right. There is a lot of info in the class, so it is easy to get a bit confused. My mom, dad, teachers, clergy and friends all say that the only bad question is the one not asked.
:iagree:

If you don't want to deal with the threads then don't click on them. Seems pretty simple to me.
Thanks for the insight! :roll:

But one question...who said to not ask questions? Who's complaining about the questions? The original question was to figure out where the confusion lies. baldeagle, IMO, had the best response so far. He/She understood the basis of the question and provided a insightful response.

Or is it that some people just need to feel victimized / champion a cause if they feel a topic disagrees with their thoughts / beliefs? :nopity
The violin smilie is pretty darn funny.

I don't know about the whole victimized statement, but the original post did come across as why are you people asking if it is legal versus are the CHL instructors teaching this anymore?

Maybe I read that wrong (I am a product of the public school system), but it would appear that I am not the only one.
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Re: Legal Signs

Post by pbwalker »

Texas Size 11 wrote:The violin smilie is pretty darn funny.

I don't know about the whole victimized statement, but the original post did come across as why are you people asking if it is legal versus are the CHL instructors teaching this anymore?

Maybe I read that wrong (I am a product of the public school system), but it would appear that I am not the only one.
I can't control perception, so there's not much I can do there...

But as you've seen in earlier posts, it was made abundantly clear that no one is telling anyone to not ask questions. The point of the original post was the gain an understanding as to why there was confusion about the enforceability of signs.

The poll was named "Why the confusion on legal signs?"...nothing along the lines of "Why are 'you people' asking..."
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Texas Size 11
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Re: Legal Signs

Post by Texas Size 11 »

pbwalker wrote:
Texas Size 11 wrote:The violin smilie is pretty darn funny.

I don't know about the whole victimized statement, but the original post did come across as why are you people asking if it is legal versus are the CHL instructors teaching this anymore?

Maybe I read that wrong (I am a product of the public school system), but it would appear that I am not the only one.
I can't control perception, so there's not much I can do there...

But as you've seen in earlier posts, it was made abundantly clear that no one is telling anyone to not ask questions. The point of the original post was the gain an understanding as to why there was confusion about the enforceability of signs.

The poll was named "Why the confusion on legal signs?"...nothing along the lines of "Why are 'you people' asking..."
It is one of the downfalls of electronic communications...it is too easy to read something else other than what the author has composed.

I have it happen with emails I send at work. I send one thing, I get back a totally different response after I made somebody mad.
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Re: Legal Signs (enforceable signs for CHLers)

Post by O6nop »

pbwalker wrote: Please don't take this as an attack...it isn't. I just am trying to grasp my head around the confusion.
Did you get your confusion cleared up?
I'm glad you brought it up, it gave me the opportunity to get one of my questions answered, I was hoping it might help you out, too.
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Re: Legal Signs (enforceable signs for CHLers)

Post by pbwalker »

O6nop wrote:
pbwalker wrote: Please don't take this as an attack...it isn't. I just am trying to grasp my head around the confusion.
Did you get your confusion cleared up?
I'm glad you brought it up, it gave me the opportunity to get one of my questions answered, I was hoping it might help you out, too.
Honestly, no... "rlol"

I can understand some trepidation about the newness of getting a CHL and not wanting to go to jail. Maybe I am a little too nonchalant about the signage. :lol::
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Re: Legal Signs (enforceable signs for CHLers)

Post by C-dub »

So, as far as terminology goes, what have we got so far?

legal vs. illegal
enforceable vs. unenforceable (police will take you to jail)
prosecutable vs. unprosecutable (DA will take you to court)
convictable vs. unconvictable (judge will send you to jail)


It seems that the first three are possible just about anywhere anytime no matter what sign was or was not posted. The last two are going to cost one big $$$.
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Re: Legal Signs (enforceable signs for CHLers)

Post by O6nop »

pbwalker wrote:
O6nop wrote:
pbwalker wrote: Please don't take this as an attack...it isn't. I just am trying to grasp my head around the confusion.
Did you get your confusion cleared up?
I'm glad you brought it up, it gave me the opportunity to get one of my questions answered, I was hoping it might help you out, too.
Honestly, no... "rlol"

I can understand some trepidation about the newness of getting a CHL and not wanting to go to jail. Maybe I am a little too nonchalant about the signage. :lol::
It seems your confusion dealt mainly with why some people with CHLs don't know which signs are valid or other similar instruction taught in CHL class.
I offer these suggestions:
1) There's a lot of information to absorb and can't always all be retained
2) Some instructors aren't always that clear or thorough
3) Some instructors just tell you something that is apparently wrong (my case)
4) Armchair instructors are always telling you something that is not correct or different from what real instructors tell you.

So, it's not at all hard for me to see why some people don't understand things that are so easy for other people to understand.
I believe there is safety in numbers..
numbers like: 9, .22, .38, .357, .45, .223, 5.56, 7.62, 6.5, .30-06...
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Re: Legal Signs (enforceable signs for CHLers)

Post by pbwalker »

O6nop wrote: It seems your confusion dealt mainly with why some people with CHLs don't know which signs are valid or other similar instruction taught in CHL class.
I offer these suggestions:
1) There's a lot of information to absorb and can't always all be retained
2) Some instructors aren't always that clear or thorough
3) Some instructors just tell you something that is apparently wrong (my case)
4) Armchair instructors are always telling you something that is not correct or different from what real instructors tell you.

So, it's not at all hard for me to see why some people don't understand things that are so easy for other people to understand.
2 and 3 are BIG problems in my eyes.

I wonder if DPS could implement some kind of 'secret shopper' program where instructors are observed by officials, ensuring that necessary content is covered and covered correctly? Getting wrong information is a HUGE problem, and those instructors are a great disservice to the state.

But ultimately, it comes down to the licensee. I'm sure going to trial and saying "My instructor said..." won't fly. :lol:

Slightly off topic, we use a lot of one-pagers and product slicks for employees where I work. I wonder if a quick and dirty PDF explaining the most common misconceptions and confusion might benefit the newbies? Hmmm...might have to give that one a try and see how well it works.
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Re: Legal Signs (enforceable signs for CHLers)

Post by Mike1951 »

O6nop wrote:
Hoi Polloi wrote:
Keith B wrote:I have heard this argument before, but IMO it is wrong. The Unlicensed Possession sign does not AUTHORIZE concealed carry, only states that it is illegal to carry on the premise unless you are licensed. If the owner decides they don't want people carrying, and places a 30.06, then it follows the statutes and trumps any authority to concealed carry granted by the license.
I don't believe the part I marked as red is accurate. I believe the signs states that it is illegal to carry a handgun on the premises by a person not licensed to carry handguns. It only addresses non-licensed people and tells them they can't carry there. It has no bearing on CHL holders, either directly or by implication.
In my opinion, a valid 30.06 sign could be posted right beside it to say that those with a license can't carry there, either. It doesn't "trump" anything by posting it because the first sign is a different topic.
(Reference red highlight in Hoi's post)
Sure it does, "Unlicensed" would refer to what if not CHL??? That's an implication that it IS legal if you ARE licensed. The question is the implication of "Unless Otherwise Specified" as in the 30.06. Doesn't it go without saying that carrying illegally concealed weapons is already illegal? To me, the sign is actually implying you must be licensed to come in with a concealed handgun. (So maybe I don't totally agree with Keith ;-) )

(had to edit this post too)
A concept that I'm sure has been discussed here previously, is that Texas law does not authorize or allow any behaviour or actions.

Texas law only prohibits certain behaviours and actions.
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Re: Legal Signs (enforceable signs for CHLers)

Post by dicion »

pbwalker wrote: I wonder if DPS could implement some kind of 'secret shopper' program where instructors are observed by officials, ensuring that necessary content is covered and covered correctly? Getting wrong information is a HUGE problem, and those instructors are a great disservice to the state.
Yes, but then you have the DPS Lawyer telling instructors at the class that the old Wording of the 30.06 signage is effective notice, and prosecutable... :roll:
So having someone from DPS there doesn't guarantee the correct information will get passed down either.
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Re: Legal Signs (enforceable signs for CHLers)

Post by A-R »

pbwalker wrote:
O6nop wrote: It seems your confusion dealt mainly with why some people with CHLs don't know which signs are valid or other similar instruction taught in CHL class.
I offer these suggestions:
1) There's a lot of information to absorb and can't always all be retained
2) Some instructors aren't always that clear or thorough
3) Some instructors just tell you something that is apparently wrong (my case)
4) Armchair instructors are always telling you something that is not correct or different from what real instructors tell you.

So, it's not at all hard for me to see why some people don't understand things that are so easy for other people to understand.
2 and 3 are BIG problems in my eyes.

I wonder if DPS could implement some kind of 'secret shopper' program where instructors are observed by officials, ensuring that necessary content is covered and covered correctly? Getting wrong information is a HUGE problem, and those instructors are a great disservice to the state.
DPS does send out "undercover" auditors if there is a report of problems with an instructor. But someone has to report the problem first. I encourage folks to report instructors who aren't doing their jobs, and making the rest of us - and the whole CHL program - look bad.
pbwalker wrote:But ultimately, it comes down to the licensee. I'm sure going to trial and saying "My instructor said..." won't fly. :lol:
This is true. Instructors have some limited immunity, but not if they commit fraud or deceptive trade. See (e) below.
Texas Government Code wrote:Sec. 411.208. LIMITATION OF LIABILITY. (a) A court may not hold the state, an agency or subdivision of the state, an officer or employee of the state, a peace officer, or a qualified handgun instructor liable for damages caused by:(1) an action authorized under this subchapter or a failure to perform a duty imposed by this subchapter; or(2) the actions of an applicant or license holder that occur after the applicant has received a license or been denied a license under this subchapter.(b) A cause of action in damages may not be brought against the state, an agency or subdivision of the state, an officer or employee of the state, a peace officer, or a qualified handgun instructor for any damage caused by the actions of an applicant or license holder under this subchapter.(c) The department is not responsible for any injury or damage inflicted on any person by an applicant or license holder arising or alleged to have arisen from an action taken by the department under this subchapter.(d) The immunities granted under Subsections (a), (b), and (c) do not apply to an act or a failure to act by the state, an agency or subdivision of the state, an officer of the state, or a peace officer if the act or failure to act was capricious or arbitrary.(e) The immunities granted under Subsection (a) to a qualified handgun instructor do not apply to a cause of action for fraud or a deceptive trade practice.
pbwalker wrote:Slightly off topic, we use a lot of one-pagers and product slicks for employees where I work. I wonder if a quick and dirty PDF explaining the most common misconceptions and confusion might benefit the newbies? Hmmm...might have to give that one a try and see how well it works.
I think this is a great idea. Your sticky post about signs is a great example.
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Re: Legal Signs (enforceable signs for CHLers)

Post by O6nop »

Mike1951 wrote:
O6nop wrote:
Hoi Polloi wrote:
Keith B wrote:I have heard this argument before, but IMO it is wrong. The Unlicensed Possession sign does not AUTHORIZE concealed carry, only states that it is illegal to carry on the premise unless you are licensed. If the owner decides they don't want people carrying, and places a 30.06, then it follows the statutes and trumps any authority to concealed carry granted by the license.
I don't believe the part I marked as red is accurate. I believe the signs states that it is illegal to carry a handgun on the premises by a person not licensed to carry handguns. It only addresses non-licensed people and tells them they can't carry there. It has no bearing on CHL holders, either directly or by implication.
In my opinion, a valid 30.06 sign could be posted right beside it to say that those with a license can't carry there, either. It doesn't "trump" anything by posting it because the first sign is a different topic.
(Reference red highlight in Hoi's post)
Sure it does, "Unlicensed" would refer to what if not CHL??? That's an implication that it IS legal if you ARE licensed. The question is the implication of "Unless Otherwise Specified" as in the 30.06. Doesn't it go without saying that carrying illegally concealed weapons is already illegal? To me, the sign is actually implying you must be licensed to come in with a concealed handgun. (So maybe I don't totally agree with Keith ;-) )

(had to edit this post too)
A concept that I'm sure has been discussed here previously, is that Texas law does not authorize or allow any behaviour or actions.

Texas law only prohibits certain behaviours and actions.
Very likely a lively debate, one that I'd like to get in on. But, I did concede that remark was a misconstrued statement by me as to the intention of the sign in question.
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numbers like: 9, .22, .38, .357, .45, .223, 5.56, 7.62, 6.5, .30-06...
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Re: Legal Signs (enforceable signs for CHLers)

Post by bdickens »

C-dub wrote:So, as far as terminology goes, what have we got so far?

legal vs. illegal
enforceable vs. unenforceable (police will take you to jail)
prosecutable vs. unprosecutable (DA will take you to court)
convictable vs. unconvictable (judge will send you to jail)


It seems that the first three are possible just about anywhere anytime no matter what sign was or was not posted. The last two are going to cost one big $$$.
Since we are being pedantic here, it is actually a jury that will send you to jail.
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Re: Legal Signs (enforceable signs for CHLers)

Post by Hoi Polloi »

bdickens wrote:
C-dub wrote:So, as far as terminology goes, what have we got so far?

legal vs. illegal
enforceable vs. unenforceable (police will take you to jail)
prosecutable vs. unprosecutable (DA will take you to court)
convictable vs. unconvictable (judge will send you to jail)


It seems that the first three are possible just about anywhere anytime no matter what sign was or was not posted. The last two are going to cost one big $$$.
Since we are being pedantic here, it is actually a jury that will send you to jail.
If you request a jury trial. :roll:
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Re: Legal Signs (enforceable signs for CHLers)

Post by WildBill »

Original Post Deleted for inaccuracy.
Last edited by WildBill on Wed Aug 04, 2010 9:17 am, edited 1 time in total.
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