30.06 posting at Grapevine Mills Mall

[kitty]

I am a new member here, so please bear with me as I learn my way around.

My husband and I are new CHL carriers, and are still learning, but I have a question about a 30.06 posting we saw at Grapevine Mills Mall yesterday. The sign was green, with white block lettering, had a gun with the red cross though it, and then proceeded to give the verbiage of the statute under it. It read:

"Pursuant to section 30.06, Penal code (trespass by holder of a license to carry a concealed handgun), a person licensed under Article 4413 (29ee), Revised Statutes (concealed handgun law), may not enter this property with a concealed handgun."

It was also written in Spanish. We didn't have our handbooks on us, and we didn't want to take any chances so we took our weapons back to our vehicle. But according to the part I bolded, this is not a legally binding sign. I took a picture of the sign with my phone, so I could have visual proof of what it said. Where did that they get that language I bolded, and why is it listed as valid on Texas3006.com, when it's not; is there something I don't know about this particular sign that makes it legal?

[Keith B]

I am a new member here, so please bear with me as I learn my way around.

My husband and I are new CHL carriers, and are still learning, but I have a question about a 30.06 posting we saw at Grapevine Mills Mall yesterday. The sign was green, with white block lettering, had a gun with the red cross though it, and then proceeded to give the verbiage of the statute under it. It read:

"Pursuant to section 30.06, Penal code (trespass by holder of a license to carry a concealed handgun), a person licensed under Article 4413 (29ee), Revised Statutes (concealed handgun law), may not enter this property with a concealed handgun."

It was also written in Spanish. We didn't have our handbooks on us, and we didn't want to take any chances so we took our weapons back to our vehicle. But according to the part I bolded, this is not a legally binding sign. I took a picture of the sign with my phone, so I could have visual proof of what it said. Where did that they get that language I bolded, and why is it listed as valid on Texas3006.com, when it's not; is there something I don't know about this particular sign that makes it legal?

While the sign is not legal by Texas law, we have been told the Grapevine Police believe it to be a valid notification and will arrest you if found carrying. Most folks on here have chosen not to patronize the mall.

[Kalrog]

That is and old sign then, but you are correct that it is not truly legally binding with that wording. Although IIRC, that mall has a history of not liking CHL folks there so I would find another place to shop. Not in my area though.

Oh, and welcome!

[kitty]

Thanks for the really quick replies and the welcome.

Um, I'm a bit confused about something. If the sign is not legal, and it's not posted at all entrances, how can the police dept. arbitrarily decide on their own, that it is legal? They are the one's breaking the law not me, aren't they (the police and the mall) opening themselves up to a lawsuit? The law says that the wording has to be exact, and it has to be placed at all entrances; are they trying to trap CHL's?

[kitty]

Thank you Russell.

No, we won't be going back to that mall, I was just curious about their logic. I won't be filing any suit; I don't even live in Grapevine, but we were meeting some friends there. I may (or may not) write a nicely worded letter to the mall, explaining their ignorance and that they will no longer receive any of our money.

We did notice that the mall wasn't very busy, not like I've seen it in the past and certainly not what you would expect for this time of year.

[Charles L. Cotton]

I want to clarify something about "notice" under TPC §30.06 as it applies to signs on every entrance to a building. TPC §30.06 requires that a CHL receive notice that entry is forbidden, but it doesn't require notice at every entrance to a building.

This means that, if you enter through a door that doesn't have a 30.06 sign and if you were not aware that a 30.06 sign was posted elsewhere on the building, then you did not have notice as required by the Code. Thus, failure to have every door posted with a 30.06 sign may mean a CHL did not violate TPC §30.06 since they didn't have notice, but it doesn't mean that none of the signs are effective simply because an entrance was left without a sign.

So the bottom line is this; if you say something like, "Yeah, I saw the sign, so I came around to the door that didn't have a sign," then you are going to have a problem.

Chas.

§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN. (a) A license holder commits an offense if the
license holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.
(b) For purposes of this section, 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.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) "License holder" has the meaning assigned by
Section 46.035(f).
(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.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.