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30.06 Question... I'm really confused.
Posted: Sun Jan 28, 2007 6:39 pm
by BoneDigger
I just took the class yesterday for the first time, and I am now solidly planted in the "waiting room" waiting for my license. However, the instructor said something yesterday that REALLY confused me and I want some clarification.
The instructor told me that although a 30.06 sign has been posted, you can still carry inside unless you are approached and told NOT to carry. He said the regulations specifically state that you must be given notice. I thought the sign WAS THE NOTICE?
So, can you carry concealed even though a sign out front, using the proper wording, says not to?
Todd
Posted: Sun Jan 28, 2007 6:49 pm
by MrDrummy
Well, if that's what he/she told you, then the instructor is terribly mistaken.
The 30.06 sign is plenty good to keep you disarmed while on the premises, as long as the sign is correctly posted, and of the correct dimensions etc.
Verbal warning is legal when there is no 30.06 sign, though.
Re: 30.06 Question... I'm really confused.
Posted: Sun Jan 28, 2007 6:53 pm
by KBCraig
BoneDigger wrote:The instructor told me that although a 30.06 sign has been posted, you can still carry inside unless you are approached and told NOT to carry. He said the regulations specifically state that you must be given notice. I thought the sign WAS THE NOTICE?
Perhaps he was talking about the places 30.06 notices have no effect, like government buildings.
Otherwise, the interpretation you posted is horribly wrong, and I can't believe a certified CHL instructor could have that mistaken notion.
Re: 30.06 Question... I'm really confused.
Posted: Sun Jan 28, 2007 7:19 pm
by txinvestigator
BoneDigger wrote:I just took the class yesterday for the first time, and I am now solidly planted in the "waiting room" waiting for my license. However, the instructor said something yesterday that REALLY confused me and I want some clarification.
The instructor told me that although a 30.06 sign has been posted, you can still carry inside unless you are approached and told NOT to carry. He said the regulations specifically state that you must be given notice. I thought the sign WAS THE NOTICE?
So, can you carry concealed even though a sign out front, using the proper wording, says not to?
Todd
I did the firearms portion of a class for a guy who told his students the same thing. He is wrong.
30.06 makes it clear that a properly posted sign is effective notice.
Did you take your class near Caddo Mills?
Nope
Posted: Sun Jan 28, 2007 7:22 pm
by BoneDigger
Thanks for the replies, this relieves my mind somewhat. No, he wasn't talking about government locales, but ANY place that has the sign posted. Here is how it was first mentioned...
We were talking about not "brandishing" the firearm and how that is illegal, so I asked a "what if" question. I asked, "What if you were with a friend or coworker going out to lunch, and when you got there, you found that the sign was posted on the establishment (30.06), so you had to go back and put your gun in their car. They would obviously see that you are carrying."
At this question, he said he wanted to clarify something that people often get wrong. He said that just because a place (restaurant, or whatever) displays the sign, you can still carry, unless they come to you in person and tell you that you have to leave. If they don't tell you verbally, then they have no legal rights.
I read the sections in 30.06 and it seemed clear to me that posting a sign of the proper wording was indeed notifying you not to carry.
Todd
Tyler
Posted: Sun Jan 28, 2007 7:23 pm
by BoneDigger
Nope, I took my class in Tyler.
Todd
Re: Nope
Posted: Sun Jan 28, 2007 7:25 pm
by MrDrummy
BoneDigger wrote:He said that just because a place (restaurant, or whatever) displays the sign, you can still carry, unless they come to you in person and tell you that you have to leave. If they don't tell you verbally, then they have no legal rights.Todd
Wow.
That's just scary.
Re: Tyler
Posted: Sun Jan 28, 2007 7:43 pm
by txinvestigator
BoneDigger wrote:Nope, I took my class in Tyler.
Todd
Was it a fat guy who has a limp and used to work for the Border Patrol?
Also, Texas' "brandishing" law is really a intentionally fail to conceal law.
Nope
Posted: Sun Jan 28, 2007 8:00 pm
by BoneDigger
No, I don't think he ever worked for the border patrol. I think I know the guy you are talking about though, as I often see him at the range where I shoot. This is a different guy...
Todd
Re: Nope
Posted: Sun Jan 28, 2007 8:20 pm
by KBCraig
BoneDigger wrote:He said that just because a place (restaurant, or whatever) displays the sign, you can still carry, unless they come to you in person and tell you that you have to leave.
Wow, indeed. This guy needs a long chat with someone in Instructor section at the CHL Division.
That is a seriously bone-headed twist on the law. If you know any of the other people who were in that class, I suggest you tell them the truth. I'd hate to see one of them get busted.
Kevin
Posted: Sun Jan 28, 2007 9:10 pm
by dpatterson
What location in Tyler? I took mine at Lock n Load on the West Loop.
BD glad to see you over here from the Bowhunting Forum.
Better not say...
Posted: Sun Jan 28, 2007 9:34 pm
by BoneDigger
I don't want to get anyone in trouble so I should probably not name names, but it was not at Lock and Load. He was a nice guy, but it worries me that he gave bad information, then refused to back off of it.
DPatterson, it's good to be here! Now, I just have that LOOOOOONG wait.
Todd
Posted: Sun Jan 28, 2007 10:35 pm
by dpatterson
I wouldnt think of it as getting them in trouble, but his method could certainly get his students in trouble. Maybe someone could inform him of his 30.06 interpretation. As you will see, this forum is much different than other forums as we are not here to tear someone down but to help them to the fullest extent. Some very knowledgeable and helpful guys and gals here. Lots of lawyers, Ex-Leo, etc too that have lots of experience and they are happy to share.
As far as the waiting goes.... LongTooth says, Use the waiting time to Home Test your carry gun. Strap it on at home and learn to "forget" that its there.
Posted: Mon Jan 29, 2007 10:39 am
by sparx
Are you absolutely positive that it was the 30.06 sign postings that were being discussed, or perhaps just places that were posted "No guns allowed" or with a "guns-busters" sign?
The reason I ask is that, unless it's a properly formatted and displayed 30.06 sign, then he would be right if I'm not mistaken (that it would take a verbal notice since the non-30.06 type of sign would not apply to CHL holders, assuming of course that it wasn't an establishment posted with a valid 30.06 or 51% sign). Either way I would certainly try to clarify it with the instructor, as it's very important that the information he's responsible for teaching students is correct as others have mentioned.
Even then however, students may not fully understand or catch everything that's said. My wife and I were certainly taught correctly about the differences last fall, but just this weekend my wife returned from a elderly-care home she visited with a friend of her's mentioning that she had to leave her 9mm in the car's trunk, as the establishment was "posted". As it turned out, it was with a gun-buster sign and not a 30.06 sign, so we had a review of the differences and what places we could carry versus those we can't (and since in the past she's caught some things in the class that I missed, overall I guess it's a good thing we both attended!).
Posted: Mon Jan 29, 2007 10:42 am
by age_ranger
I had a hard time understanding the posting of 30.06 signs in parking lots when it came to businesses and then again with schools, libraries...ect.....
If not presented properly it sure can be confusing. Reason #1 i'm glad I found this place.