The Replica Prop Forum

The Replica Prop Forum
Very cool site I am also a member of

Tuesday, June 30, 2015

Ignorance of the Law is no excuse

Stupidity and ignorance of the law persist.

For those outside of Texas, the absence of specific 30.06 signage and language makes this sign void.

Additionally, after reading the Spanish portion, does this mean that auto loaders are welcome if you speak Spanish?



In the state of Texas, the law for these signs is known as 30-06 like the rifle caliber.  And the law, heck let me copy/paste so you can SEE and READ for yourself what it says.



TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 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.

Added by Acts 1997, 75th Leg., ch. 1261, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.24, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, Sec. 2, eff. Sept. 1, 2003.


Basically what it says is if the property is NOT Properly and Legally posted with a sign as specified in the Statute, any no guns allowed sign has no legal authority to keep you out.  Plus there is a further caveat on the signs that they MUST be of a size so as to be easily read, and they MUST be posted on ALL entrances and exits of the establishment.

Since Governor Abott signed open carry into law.  A LOT of places are just slapping up any old No Guns Allowed Sign they find off of Google Image Search.  No knowing or realizing that the signs HAVE to meet the Statute Definition, or they have no force of Law enforcing them.

No comments: