GaryTx wrote:txinvestigator wrote:GaryTx wrote: GaryTx wrote:You have been notified by the owner of the property that carrying on his property is prohibited.
Do you now want to go to court to argue that his sign isn't legal, and see what a jury of clueless types says?
txinvestigator wrote:You don't know that. In fact, the original poster was not clear at all about what the sign actually said.
All places that sell alcohol are required to post the sign starting with the words, "the unlicensed possession of a firearm is prohibited".
Some liquor stores are still carrying the sign that reads, "The possession of a firearm on these premises is a felony", which was the proper sign before the CHL laws. However, it is now meaningless.
The 51% sign actually means nothing to a CHL holder, as the law prohibiting carry in a 51% establishment states nothing about said sign. Without a sign, if you carry in a 51% place you are in violation. If the place is not really 51%, but they post the sign, carry there is not illegal.
A 30.06 sign is enforceable ONLY if properly posted.
And if you carry properly, the issue will never come up anyway.
GaryTX wrote:Original post said the store "has a sign, warning it is againt the law to carry there"
That's pretty clear to me.
There is no legally enforceable sign that reads, "it is illegal to carry here". A person can post one all they want, but it holds no meaning to a CHL person. Just because the sign SAYS it is illegal does not make it so.
If the sign read, "no black people allowed", would that mean that is the way it is?
Jeff...relax!
You are working so hard at being critical that you are missing my point.
I never said the sign was legal or that a CHL holder had to comply with it, or there was a defense to prosecution issue here, or anything of the sort. I'm well aware of what constitutes a legal sign under Penal Code Section 30.06.
My 1st point was that by posting
his sign the proprietor was making it known that a firearm wasn't allowed and/or wanted there, for whatever reason...heck, who knows what he's thinking.
My second point was to ask if one wants to go in the store, risk having the owner or someone else recognize you are carrying (trouble happens), call the police and file a complaint, etc. Then you may find yourself in court having to argue that his sign did not comply with 30.06.
I would rather just take my business to the liquor store on the next corner where his sign wasn't a potential problem for me. I prefer to pick and choose my battles.
Ok, my friend?
to YOU, accurate =critical? OK.
Your insinuation that I need to relax is misplaced; however, I believe it is more an attempt to belittle.
Your first point is irrelevant. We don't know WHAT THE SIGN WAS. The OP might have seen an old TABC sign for all YOU know.
Your second point is irrelevant. Without proper signage, no complaint can be made, and I have yet to meet a cop who was so stupid he did not know the trespass laws. If someone makes you carrying, trespass in a non-posted location is not a worry, but fail to conceal MIGHT be, and that could happen anywhere.
Your third point is valid. You can choose to do whatever you please, and you don't have to justify your reasons, but telling others for fact what is simply your opinion is wrong.
Good enough,
my friend?
