Question about 30.06 signs

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jimlongley
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Re: Question about 30.06 signs

#16

Post by jimlongley »

jimlongley wrote:
chamberc wrote:
C-dub wrote:
poppo wrote:
cb1000rider wrote:If you saw it, then you know you shouldn't carry. Bottom line.
If you carry past and get caught, will you be successfully prosecuted? Maybe. What if you went in an alternate entrance? Same answer.
State law does not require that every entrance be posted, just that is is conspicuously posted...
While I am not advocating disregarding signs, if there is not one at the entrance I am going into, then it was not conspicuously posted. The definition of conspicuously is "easily seen or noticed; readily visible or observable". IMO that does not mean one should have to go to every entrance check if one is posted. Have I ever gone into a place that had a sign that was posted at some other entrance? I don't know, since I never saw one conspicuously posted where I entered.

As for getting caught and being prosecuted, since this debate has been going on forever, and I don't recall ever hearing of a single incident of either, I personally am not going to lose any sleep over it.
Your own definition doesn't even say that you must have seen the sign. A sign, such as those at the Grapevine Mills Mall, are conspicuous (albeit with incorrect verbiage) and meet your definition. And as JBarn mentioned, a judge or jury will decide that if anyone gets caught with a gun a place like that. Also, IIRC, I don't think such a case has made it to court yet for a ruling on this type of situation.

Additionally, while I'm not a lawyer, I'm not sure that if only the mall's main entrances are posted that they wouldn't also apply to the individual stores since they all lease their space from the mall owners. I don't know of a mall that is properly posted and I hardly ever go to a mall anyway, so it's kind of a moot point for me.
Again, until it has been tested in court (and it hasn't), you're left up to making your case when/if you get arrested.
Thus the need to amend the law to define "conspicuously posted" as being at every public entrance including those entrances either into the anchor stores or from the anchor stores into the mall. I have wondered it the crafters of the law didn't anticipate that malls would only post one entrance, or if they didn't go to malls anyway and didn't think of it, but I have never asked Charles. In any case, once I learn a place is posted, I send them a card and never go there again.
I would also add a requirement for the sign to be posted with the center at eye level (with a definition for average adult height, etc) within 5 feet of the entrance in the same plane as said entrance, and that "contrasting letters" did not include white letters on clear glass maybe "contrasting letters on an opaque background"?
Real gun control, carrying 24/7/365
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RogueUSMC
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Re: Question about 30.06 signs

#17

Post by RogueUSMC »

poppo wrote:
C-dub wrote:Your own definition doesn't even say that you must have seen the sign.
Sometimes people need to use a little common sense.

Again, I'm not advocating ignoring something that you know is there. But I am not going to go to every entrance to check. If it's not posted where I go in, I am not going to worry about it. In the off chance I were caught and charged, I'll take my chances that a jury has at least one person with an IQ above a gnat. IMO it would not take much to argue that "conspicuously posted" means it has to be available to be seen by everyone entering the premises (i.e. all public entrances). It's one thing arguing you did not see a sign that was posted in a crazy spot like this one (which IMO you would also win, besides it being the wrong size), but IMO no sign at all would be pretty easy to successfully argue (unless you stupidly volunteered that you knew it was at other entrances).

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