TexasCHLforum.com

The law doesn't have to make sense to be the law.

mr.72 wrote:The way I read it, I think it could be just as easily interpreted as one example of effective written notice, not necessarily the only example.

Perhaps I'm confused. Please explain what the word "identical" means to you.

"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"

Take notice of that little word "or" and the fact there is nothing specific that must be said to meet the letter of the law. When someone says, "No guns" they have given notice.

This is the fact that I have been trying to make here. It is a very dangerous section of the law that could land you into a world of hurt if you do not take note of it and understand what it means.

As a license holder, we are required to know & understand the laws surrounding our license to carry.

Forget the 30.06 posting requirements, when you are at work, it is what company policy stats or what you have been told by the company that matters... nothing else.

SCone wrote:Forget the 30.06 posting requirements, when you are at work, it is what company policy stats or what you have been told by the company that matters... nothing else.

If a company has a business attire dress code, what law do you violate by wearing casual clothes? How long can they send you to jail?

SCone wrote:"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"

Take notice of that little word "or" and the fact there is nothing specific that must be said to meet the letter of the law.

The whole section must be read. You quoted PC §30.06(b). Right under it is:

(c) In this section:

...(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.

SCone wrote:When someone says, "No guns" they have given notice.

Yes, when it is spoken orally by the owner of the property or someone with apparent authority to act for the owner. To be effective notice in written form--no matter what the form--it must contain "written language identical" to PC §30.06(c)(3)(A).

The folks who crafted the language for this bill that became law--at least one of whom is on this Forum--were very careful to remove any ambiguity about what does and does not constitute effective written notice for the very reason that pre-30.06 written notifications were all over the place, like old 30.05 and "gun-buster" signs, and there had to be a way to absolutely positively define what "written communication" meant to the (then) new CHL law.

SCone wrote:As a license holder, we are required to know & understand the laws surrounding our license to carry.

Absolutely. And the section of the law we are discussing has been in effect for many years. It is not new.

I freely admit that I am not a lawyer or judge, and what I state is my opinion. What I'm struggling with--and think is potentially confusing to those visitors who are new to CHL--are statements made as fact that are not corroborated by the strict language of the law.

And once again, let me repeat that I in no way condone anyone acting in contraindication to his or her company's policies. But law and company policy are two different things. A company can't choose to override PC §30.06 any more than it can choose to override the Americans with Disabilities Act or the Federal Minimum Wage.

My wife works at a bank that is posted. I really don't see a big deal there, it's their property. They pay her well and she has great benefits. She has no intentions in leaving and besides the price of gas for our bassboat has gone way high. Anyway we have a right to carry but can't carry everywhere and that's just the way it is.