Accidentally walked in a place that has a 30.06 sign

[Keith B]

I think it would end the arguing if you cited the case law that supercedes the statutory definition of notice in 30.06 so people could see for themselves.

No case law either way on 30.06. I agree that posting the sign is 'giving notice', but the person entering the property has not 'received notice' until such time as they see the sign or are told verbally. If you are caught carrying in a 30.06 posted building and arrested you will have to prove that you never received notice because the entrance you went through was not posted and you failed to see the any sign. It would be setting case law.

[Jim Beaux]

I think it would end the arguing if you cited the case law that supercedes the statutory definition of notice in 30.06 so people could see for themselves.

Hope this will help.

I interpret this as: Gotta see the sign to receive notice.

TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 30.06: TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
Search 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.

[victory]

TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 30.06: TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
Search 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.

If they post a sign that meets the requirements they have provided notice. I get that part.

[Jim Beaux]

TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 30.06: TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
Search 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.

If they post a sign that meets the requirements they have provided notice. I get that part.

Cant receive notice if it's not provided in an effective manner; and a 30.06 posted at only one entrance 2 blocks away isnt an effective manner.

[TomV]

There is a hotel where I do the food service inspection and the 30.06 sign is just above the floor behind the check in desk. You will not see the sign until you walk up to the desk. Everything about the sign (verbiage, 2 languages, font size) is correct.

If you were checking in and had your weapon on your hip, would you finish checking in, or walk back out, secure your weapon, and then finish your transaction?

[RottenApple]

There is a hotel where I do the food service inspection and the 30.06 sign is just above the floor behind the check in desk. You will not see the sign until you walk up to the desk. Everything about the sign (verbiage, 2 languages, font size) is correct.

If you were checking in and had your weapon on your hip, would you finish checking in, or walk back out, secure your weapon, and then finish your transaction?

I would cancel my check in and find another hotel.

[laketex]

Good luck finding a 30.06 sign in the proper format. I've been carrying for 6 years and have only seen one or two outside the normal excluded areas. But yeah, if you find yourself in a forbidden area, you have a choice to make. Concealed is concealed, casually leave to secure your weapon in your vehicle, or exit the premises completely. Only you can make that call.

[ScottDLS]

Keith has a key point here. The PC 30.06 law says you must "receive" notice. It then goes on to define "notice" very specifically... Thanks Mr. Cotton!


So if you missed the sign and were somehow discovered, and arrested, and prosecuted, then I would tell my defense that I didn't see it and perhaps present evidence that it wasn't obvious.

When I am carrying I make a reasonable attempt to look for 30.06 notice and if properly posted they are generally pretty obvious, but if I walked in an unposted entrance and then later found out another entrance was posted, I believe I could make a very strong argument that it did not even constitute NOTICE as it wasn't conspicuously posted. Or for sure I didn't RECEIVE notice.

So if you see it later...walk out.

[jimlongley]

TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 30.06: TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
Search 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.

If they post a sign that meets the requirements they have provided notice. I get that part.

Cant receive notice if it's not provided in an effective manner; and a 30.06 posted at only one entrance 2 blocks away isnt an effective manner.

The key clause being "provides notice to the person" as underlined above. If you did not post the entrance that I entered by, you did not provide notice to me.

So I arrive at the hotel mentioned above, and my wife checks us in while I wrangle the luggage and dogs out of the car. She sees the sign, but is not carrying at the time, and meets me half way across the lobby with the keys and a luggage cart and chooses not to mention the sign to me. During our entire stay, I never approach the front desk for any reason, and never see the sign. The hotel did not provide me notice in accordance with the law.

I have long been an advocate of changes to the law that: A) Restate the rules for proper posting, including EVERY entrance; B) Designate an actual font or selection of fonts for the text to be presented in (there are lots of standardized ones); and C) Add a statement that signs not meeting the rigid criteria stated in the law will be considered unenforceable, not just a "a defense to prosecution" (in stronger language than the "It is an exception to the application" statement, because that police officer who took you for a ride, even though you did not receive effective notice, just applied the section.)

[ShepherdTX]

There is a hotel where I do the food service inspection and the 30.06 sign is just above the floor behind the check in desk. You will not see the sign until you walk up to the desk. Everything about the sign (verbiage, 2 languages, font size) is correct.

If you were checking in and had your weapon on your hip, would you finish checking in, or walk back out, secure your weapon, and then finish your transaction?

If I were a guest, I'd be filing a criminal complaint assuming I was not given notice when I reserved the room online.

http://www.txdps.state.tx.us/RSD/CHL/le ... lation.htm" onclick="window.open(this.href);return false;

House Bill 333
Effective: Sept. 1, 2013
Relating to requiring notice of a hotel’s firearms policy and other guest policies; providing a criminal penalty.

Requires hotels to clearly state their firearms policy on their website and in written guest policies.