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by srothstein
Fri Jun 23, 2023 9:08 pm
Forum: General Texas CHL Discussion
Topic: Sign Changes - why?
Replies: 13
Views: 6618

Re: Sign Changes - why?

Soccerdad1995 wrote: Fri Jun 23, 2023 4:27 pmI have a slightly different take on this. Is it unlawful for me, as a non-lawyer, to dispense incorrect legal advice? Because I believe that is exactly what these store owners are doing by continuing to post nonsense signs referencing non-existent TPC sections.

For example, if I owned a convenience store / restaurant and I post a prominent sign stating that "Per TPC 12.34 it is a felony to not carry a functional firearm at all times while in the state of Texas. Failure to comply is punishable by death", would there be any legal ramifications against me for dispensing obviously incorrect legal advice?
Well, technically it would be illegal for you as a non-lawyer to give correct legal advice too. Fortunately (or unfortunately depending on point of view), there is an important clause in the law that makes it legal in cases like this. Penal Code section 38.123 is the law on unauthorized practice of law. It requires that you be attempting to gain an economic benefit when you give the advice. No pay to you, no problem giving advice. While it may work against us in cases like the signs, it works for us every time a friend has something happen and you say they ought to sue the other person. That is legal advice.

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