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Posted: Sun May 06, 2007 5:24 pm
by seamusTX
Russell wrote:nobody knows the answer to this?
Maybe you need to give it more than three hours.
PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club.
That is the main law covering handguns. A CHL and other licenses make you exempt from that law under certain conditions.
There are many bogus signs based on other laws, some of them imaginary.
There are two signs you need to be aware of: 30.06 and 51% (alcoholic beverage sales). You cannot be prosecuted for carrying past any other sign
on anything other than federal property.
PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN...
(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.
Oral (spoken) notice also makes you liable to prosecution. If someone tells you that you can't carry there, you must leave.
- Jim
Posted: Sun May 06, 2007 6:11 pm
by Mike1951
I believe the original code was in Vernon's Civil Statutes, Article 4413(29ee).
I have seen signs quoting Article 4413.
Posted: Sun May 06, 2007 8:33 pm
by seamusTX
Russell wrote:seamustx: Thanks for answering. However my original post was 1:34am, not pm ;)
Oops again. I'm losing it.
If I'm wrong about this, someone please say so:
There are two signs you need to be aware of: 30.06 and 51% (alcoholic beverage sales). You cannot be prosecuted for carrying past any other sign on anything other than federal property.
- Jim
Posted: Sun May 06, 2007 9:14 pm
by BrassMonkey
The office building my copmpany leases in Dallas has this 4413 (29ee) language as well. I always wondered if it was indeed a violation of a law if I am a CHL Holder.
Posted: Sun May 06, 2007 9:28 pm
by jimlongley
When my wife and I went through our CHL renewals a year ago, 4413(29ee) questions were still on the written test, and they were the only ones I got wrong.
When I raised the matter later I was told by the instructor, who is also a LEO, that I had better obey a 4413(29ee) sign just as if it was 30.06.
Posted: Sun May 06, 2007 9:33 pm
by BrassMonkey
Thanks for that answer.
Now I am wondering what one of our fine attorneys would interpret the current law as? :-)
Posted: Sun May 06, 2007 9:49 pm
by GlockenHammer
As discussed in
http://www.texasshooting.com/TexasCHL_F ... light=4413,
txinvestigator wrote:DKSuddeth wrote:that looks like an older sign from the 80s. 30.06 overrides that, in my opinion. I would think it could be ignored. IANAL
There were no CHL signs in the '80's.....ROFL
30.06 does not override anything.
4413 is no more, even when it existed, it was not a valid sign.
ElGato wrote:The sign in the photo would have been effective the first two years of CHL after that it has been only decoration.
Also, you may wish to visit these other threads that have discussed the topic.
http://www.texasshooting.com/TexasCHL_F ... light=4413
http://www.texasshooting.com/TexasCHL_F ... light=4413
http://www.texasshooting.com/TexasCHL_F ... light=4413
http://www.texasshooting.com/TexasCHL_F ... light=4413
http://www.texasshooting.com/TexasCHL_F ... light=4413
Posted: Sun May 06, 2007 10:05 pm
by shootthesheet
jimlongley wrote:When my wife and I went through our CHL renewals a year ago, 4413(29ee) questions were still on the written test, and they were the only ones I got wrong.
When I raised the matter later I was told by the instructor, who is also a LEO, that I had better obey a 4413(29ee) sign just as if it was 30.06.
I would find another instructor for my next renewal. Just my opinion.
Posted: Mon May 07, 2007 10:37 am
by txinvestigator
jimlongley wrote:When my wife and I went through our CHL renewals a year ago, 4413(29ee) questions were still on the written test, and they were the only ones I got wrong.
When I raised the matter later I was told by the instructor, who is also a LEO, that I had better obey a 4413(29ee) sign just as if it was 30.06.
Goodness sakes; DPS gave out new tests to instructors 2 yeats ago, and the current Penal Code is what is in effect.
30.06 signs are all that are enforceable.
Posted: Mon May 07, 2007 12:05 pm
by jimlongley
txinvestigator wrote:jimlongley wrote:When my wife and I went through our CHL renewals a year ago, 4413(29ee) questions were still on the written test, and they were the only ones I got wrong.
When I raised the matter later I was told by the instructor, who is also a LEO, that I had better obey a 4413(29ee) sign just as if it was 30.06.
Goodness sakes; DPS gave out new tests to instructors 2 yeats ago, and the current Penal Code is what is in effect.
30.06 signs are all that are enforceable.
Oops, I was wrong, we renewed in 2005, I remember now because neither of us was able to make it over the 09/01/05 implementation of the 5 year renewal, but my contention at the time of the test was that 4413(29ee) was obsolete and should not have been tested. The instructior stated that that was the test they had so that was the way they had to teach it. Maybe we just fell through more than one crack at that time.