email@example.com wrote:Has anyone tested the theory that the sign has to 30.06 compliant? It would seem to me that if a business owner does not want someone to carry a concealed handgun on his premesis he has the right to make that stipulation, no matter what kind of sign he posts. I have been an instructor for a few years now and I always tell my students that if there is any kind of sign at all they should not enter the premesis with a handgun, unless they would like to be a test case. We have already established on this forum that there are a lot of LEOs who do not know the law themselves. I do not have the time or money it would probably take to fight a case like this. Does anyone know if there is any case law on this? I have not been able to find any precedents.
Sorry if this is the wrong thread to post this...
First... Welcome to the forum!
This has been discussed many times here.
Basically, there are three approaches that can be taken by an instructor.
1) "All signs are indicative of intent to restrict gun carry, and therefore should be obeyed even if non-compliant. And yadda yadda about ignorant LEOs." This does NOT agree with Texas law.
2) "Any sign that does not meet the strict definition of a 30.06 sign is meaningless to a CHL holder, and should be ignored." Although this agrees with Texas law, it may in some rare instances cause issues for the license holder.
3) "Here is what the law says about how to give effective notice that carry is not allowed: yadda, yadda, yadda. And here are some possible issues that might arise. yadda, yadda, yadda. You need to decide what you're comfortable with, and act appropriately given the tradeoffs between the risk of meeting an uninformed LEO, and the lack of the ability to protect yourself and your family."
Obviously, the third option is what I propose as the most helpful to your students. IMO, either of the first two are a disservice. Keep in mind that you are teaching adults, not children. They should be given all the relevant information, then allowed to make their own decisions. Yes, I would feel bad if a student of mine got into legal trouble by ignoring a non-compliant sign. HOWEVER, I would feel even worse if the student (or a family member) were to be seriously injured or killed because he disarmed before entering a non-compliant-signed area.