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Hypothetical Concealed Carry on Private Property
Posted: Tue Nov 11, 2008 11:56 pm
by jamullinstx
Suppose for argument's sake that someone with a valid CHL desires to carry while at his progeny's weekend soccer game. He does so, and sees a sign at the property that says something similar to:
XXXX Association Principles
We hold a zero tolerance policy for:
Profanity
Referree abuse
Weapons
etc.
Nothing else. Just that. The "Zero Tolerance" policy is not proscribed. When at home he logsin to the association website and searches for "Zero Tolerance" policy. He finds a MS Word document with the same text as on the signs at the facility.
- Can he be considered "notified" with regard to CHL restrictions by private property owners?
What are the consequences if found out?
Thanks
Re: Hypothetical Concealed Carry on Private Property
Posted: Wed Nov 12, 2008 12:02 am
by nils
My understanding is that they would still have to post the 30.06 to make it enforceable, but that's just my interpretation.
Re: Hypothetical Concealed Carry on Private Property
Posted: Wed Nov 12, 2008 1:24 am
by WEC
I think we are also to assume that this weekend soccer game is not a school sponsored function?
Re: Hypothetical Concealed Carry on Private Property
Posted: Wed Nov 12, 2008 2:00 am
by jamullinstx
Absolutely! Heaven knows that criminals do not attend school-sponsored functions. Why would anyone need to carry at one of those?
Re: Hypothetical Concealed Carry on Private Property
Posted: Wed Nov 12, 2008 7:38 am
by bdickens
The law is the law is the law and the law is quite clear about what constitutes "effective notice."
Re: Hypothetical Concealed Carry on Private Property
Posted: Wed Nov 12, 2008 7:45 am
by mr.72
Heaven help you if you have to pull the gun, particularly if you had an argument with the coach
Re: Hypothetical Concealed Carry on Private Property
Posted: Wed Nov 12, 2008 9:17 am
by KC5AV
mr.72 wrote:Heaven help you if you have to pull the gun, particularly if you had an argument with the coach
or her husband.
Re: Hypothetical Concealed Carry on Private Property
Posted: Wed Nov 12, 2008 9:48 am
by FlynJay
Russell wrote:nils wrote:My understanding is that they would still have to post the 30.06 to make it enforceable, but that's just my interpretation.
... and that is the correct interpretation. The law makes no distinction between government property that is properly posted, and private property that is properly posted. If you were not notified correctly via Section 30.06, you are free to "carry on".
Edit: Just pay attention to 46.03 and 46.035. Those places do not require 30.06 notifications unless otherwise noted (bottom of 46.035).
IANAL
Also, the only time government property is properly posted per 30.06 is "at a meeting of a governmental entity" [Ref; PC 46.035(c)] .
IANAL