I think you answered your own question with this statement. The law states that a sign needs to meet very specific requirements to be enforcable. If it does not meet the letter of the law, you are not legally "bound" by it. Should they realize you are carring, they can still ask you to leave, in which case you must.particle wrote: But the person on the receiving end of those signs is not bound by law to abide by them
Post Pics of your NON 30.06 Signs
Moderators: carlson1, Charles L. Cotton
Re: Post Pics of your NON 30.06 Signs
Re: Post Pics of your NON 30.06 Signs
Thanks Dave01 - I think that pretty much answers my question. If the sign does not meet the letter of the law, you can simply ignore it because it will not hold up in court as an enforceable sign, and it does not hold the same power as someone asking you in person to leave the premises.
http://www.adamsleatherworks.com/" onclick="window.open(this.href);return false;
Re: Post Pics of your NON 30.06 Signs
boomerang wrote:Should people obey this sign or a "Whites Only" sign?
If you look at the picture of the sign, it's obvious that it is supposed to read:
Attention Bikers
No colors
No flags
No club attire
No exceptions
Byron Dickens
Re: Post Pics of your NON 30.06 Signs
I would tend to think you can treat a 30.06 sign like a traffic sign. If the sign is not legally posted (visible, correct size, color, etc.) but you still saw it (don't admit that) can you be ticketed by an officer? Yes, since that's the discretion of the officer. Will you beat the wrap, most likely if the state cannot prove the sign is legal and that is your defense and you are citing evidence to the illegal sign posting.
So could you be cited/arrested for walking past an illegal 30.06 sign? Possibly (again officer's discretion). Will you beat it? Most likely if the state doesn't prove the owner provided verbal notice after you entered the premises.
That's my take and it's not legal advice, I'm no lawyer.
Personally, I would leave the weapon in the car, go in, chat with the manager that I won't do business with them as long as that sign is present (legal or not) and I will encourage others (CHL and non-CHL) to do the same. The argument: "I don't understand why anyone would not want to do business with the pinnacle of law abiding citizens."
So could you be cited/arrested for walking past an illegal 30.06 sign? Possibly (again officer's discretion). Will you beat it? Most likely if the state doesn't prove the owner provided verbal notice after you entered the premises.
That's my take and it's not legal advice, I'm no lawyer.
Personally, I would leave the weapon in the car, go in, chat with the manager that I won't do business with them as long as that sign is present (legal or not) and I will encourage others (CHL and non-CHL) to do the same. The argument: "I don't understand why anyone would not want to do business with the pinnacle of law abiding citizens."
-
- Member
- Posts: 139
- Joined: Sat Mar 29, 2008 11:48 pm
- Location: DFW
- Contact:
Re: Post Pics of your NON 30.06 Signs
The difference between ignoring an illegal 30.06 sign and a legal one is that of notification. The owner of a property is required to give notification that Concealed Handguns are not welcome on the premises. The law gives the owner 3 valid methods to give that notification. An improperly posted 30.06 sign does not meet the requirements of notification, therefore it is unenforceable. It has nothing to do with bad traffic signs or ignoring the intent of the law.
The intent of the law was clearly to place the burden of notification on the owner of an establishment. If there is an improperly posted 30.06 sign, then I have NOT been notified. This isn't necessarily just for those signs that are 5/8" instead of 1", but many of the improper signs are simply very difficult to find.
If a small 30.06 sign in an out of the way place in letters that do not contrast was deemed enforceable due to the 'intent' of the law, we could all find ourselves in trouble through no fault of our own.
By statute, the burden of proper notification is on the owner, to ensure that does not occur.
Just my .02.
The intent of the law was clearly to place the burden of notification on the owner of an establishment. If there is an improperly posted 30.06 sign, then I have NOT been notified. This isn't necessarily just for those signs that are 5/8" instead of 1", but many of the improper signs are simply very difficult to find.
If a small 30.06 sign in an out of the way place in letters that do not contrast was deemed enforceable due to the 'intent' of the law, we could all find ourselves in trouble through no fault of our own.
By statute, the burden of proper notification is on the owner, to ensure that does not occur.
Just my .02.
Re: Post Pics of your NON 30.06 Signs
"Close only counts in horseshoes and hand grenades."
Byron Dickens