City owned building has a Texas Penal Code 30.05

[Chuck222]

City of Dallas has a sign on one of it buildings. Is this breaking the law?

https://www.dropbox.com/s/5m03tsqfheirz ... 8.jpg?dl=0" onclick="window.open(this.href);return false;

[Keith B]

City of Dallas has a sign on one of it buildings. Is this breaking the law?

https://www.dropbox.com/s/5m03tsqfheirz ... 8.jpg?dl=0" onclick="window.open(this.href);return false;

Welcome to the forum.

If you are refereing to the new law passed making it illegal to post a 30.06 sign, then that is not in effect until 9/1/2015. However, even after that date it will not be illegal to post a 30.05 sign on a government building. And, 30.05 does not apply to a CHL holder just due to the fact they are carrying a concealed weapon.

TEX PE. CODE ANN. § 30.05 : Texas Statutes - Section 30.05: CRIMINAL TRESPASS

(a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:

..........

(f) It is a defense to prosecution under this section that:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and

(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.

......

[Chuck222]

Thanks for replying. The signs reads as follows. Caring a firearm on these premises is prohibited
This includes persons licensed to carry a concealed handgun pursuant to state law. Carry a firearm on these premises is a Class A misdemeanor, punishable by up to 1 year in jail and a $4,000 fine. Texas Penal Code, section 30.05. The building is a Water meter shop that has offices and wear house area. Will this sign be breaking the law in September 1 2015.

[Keith B]

Thanks for replying. The signs reads as follows. Caring a firearm on these premises is prohibited
This includes persons licensed to carry a concealed handgun pursuant to state law. Carry a firearm on these premises is a Class A misdemeanor, punishable by up to 1 year in jail and a $4,000 fine. Texas Penal Code, section 30.05. The building is a Water meter shop that has offices and wear house area. Will this sign be breaking the law in September 1 2015.

Actually, it will be since it refers to a concealed license holder on the sign. Here is the bill text https://legiscan.com/TX/text/SB273/id/1 ... olled.html" onclick="window.open(this.href);return false;

S.B. No. 273

AN ACT
relating to certain offenses relating to carrying concealed
handguns on property owned or leased by a governmental entity;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.209 to read as follows:
Sec. 411.209. WRONGFUL EXCLUSION OF CONCEALED HANDGUN
LICENSE HOLDER. (a) A state agency or a political subdivision of
the state may not provide notice by a communication described by
Section 30.06, Penal Code, or by any sign expressly referring to
that law or to a concealed handgun license, that a license holder
carrying a handgun under the authority of this subchapter is
prohibited from entering or remaining on a premises or other place
owned or leased by the governmental entity unless license holders
are prohibited from carrying a handgun on the premises or other
place by Section 46.03 or 46.035, Penal Code....

[Chuck222]

Thanks!

[o b juan]

since the OC is now on will they have to go into the they law and make an attorney generals ruling to drop out Concealed Becase licenses, we are advised on this sit it is now LTC ?

[Chuck222]

I wonder if this new law will apply to me if I'm a city employee with a CHL.

[txglock21]

I wonder if this new law will apply to me if I'm a city employee with a CHL.

The law will not, but employee policy could get you fired. I'm in that situation now. Any "Joe CHL" off the street can carry inside our water dept., but as a city employee, I can't. (per city directive)

[mojo84]

since the OC is now on will they have to go into the they law and make an attorney generals ruling to drop out Concealed Becase licenses, we are advised on this sit it is now LTC ?

What?

[Mel]

Thanks for replying. The signs reads as follows. Caring a firearm on these premises is prohibited
This includes persons licensed to carry a concealed handgun pursuant to state law. Carry a firearm on these premises is a Class A misdemeanor, punishable by up to 1 year in jail and a $4,000 fine. Texas Penal Code, section 30.05. The building is a Water meter shop that has offices and wear house area. Will this sign be breaking the law in September 1 2015.

They have installed the same signs on the terminal building at Dallas Executive Airport.
As I understand the law, these signs are not enforceable.

[Chuck222]

Thanks for clarifying this.

[MeMelYup]

If they are quoting or implying 30.05 the sign is bogus. If a person reads section f of 30.05 it states:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.
Guys, please get a copy of CHL 16 and read it. http://www.txdps.state.tx.us/internetfo ... chl-16.pdf" onclick="window.open(this.href);return false;
The latest one available is not updated yet, but is still worth the read.

[mr1337]

If they are quoting or implying 30.05 the sign is bogus. If a person reads section f of 30.05 it states:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.
Guys, please get a copy of CHL 16 and read it. http://www.txdps.state.tx.us/internetfo ... chl-16.pdf" onclick="window.open(this.href);return false;
The latest one available is not updated yet, but is still worth the read.

Which means you could still get arrested for it. It would get thrown out in a heartbeat by any comparable judge.

As they say, you can beat the rap, but you can't beat the ride.

[chandler583]

I certainly hope the officer that responds would know that it is a bogus sign.It's a quasi 30.05 sign that is also trying to wrap license holders into it.

[ScottDLS]

If they are quoting or implying 30.05 the sign is bogus. If a person reads section f of 30.05 it states:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.
Guys, please get a copy of CHL 16 and read it. http://www.txdps.state.tx.us/internetfo ... chl-16.pdf" onclick="window.open(this.href);return false;
The latest one available is not updated yet, but is still worth the read.

Which means you could still get arrested for it. It would get thrown out in a heartbeat by any comparable judge.

As they say, you can beat the rap, but you can't beat the ride.

As you could for carrying a handgun under your CHL anywhere, since the 46.15 exception has been ruled to be a Defense to Prosecution. Wait till open carry 1/1/2016 we'll have massive numbers of Texas LTC holders "taking the ride". Also, will be blood in the streets.