Search found 4 matches

by NotRPB
Thu Feb 03, 2022 2:08 pm
Forum: General Texas CHL Discussion
Topic: This one is a doozy of a question
Replies: 26
Views: 14301

Re: This one is a doozy of a question

crazy2medic wrote: Wed Jan 19, 2022 6:50 pm So the 30.05 signs do not have meet the same size and lettering standards as the .06 and .07 ???
also see the post above about 46.03 signs "substantially similar" might mean in braille?
I can't read braile, even 1" tall
by NotRPB
Thu Feb 03, 2022 2:04 pm
Forum: General Texas CHL Discussion
Topic: This one is a doozy of a question
Replies: 26
Views: 14301

Re: This one is a doozy of a question

Soccerdad1995 wrote: Wed Feb 02, 2022 12:17 pm
K.Mooneyham wrote: Thu Jan 20, 2022 1:09 am
Tex1961 wrote: Wed Jan 19, 2022 7:08 pm
crazy2medic wrote: Wed Jan 19, 2022 6:50 pm So the 30.05 signs do not have meet the same size and lettering standards as the .06 and .07 ???
No, they must meet the same requirements at .06/07 signs to be legal.

includes language that is identical to or substantially similar to the following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm";
(2) includes the language described by Subdivision (1) in both English and Spanish;
(3) appears in contrasting colors with block letters at least one inch in height; and
(4) is displayed in a conspicuous manner clearly visible to the public
Another thing to be "cleaned up"...define "substantially similar".
:iagree:

I also don't like the "includes language" which implies that you could have effective notice as long as those words are somewhere on the sign. This invites the possibility of combining a 30.05 and 30.06 and/or 30.07 sign.

There is also the issue of some business owners mistakenly believing that "clear" is a color which contrasts with any actual color.
and 46.03 sign oddly described in 46.15 instead of 46.03

see 46.15(o)(1)
46.15
(o) A person may provide notice that firearms and other weapons are prohibited under Section 46.03 on the premises or other property, as applicable, by posting a sign at each entrance to the premises or other property that:

(1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 46.03, Penal Code (places weapons prohibited), a person may not carry a firearm or other weapon on this property";

(2) includes the language described by Subdivision (1) in both English and Spanish;

(3) appears in contrasting colors with block letters at least one inch in height; and

(4) is displayed in a conspicuous manner clearly visible to the public.
by NotRPB
Thu Jan 20, 2022 11:41 am
Forum: General Texas CHL Discussion
Topic: This one is a doozy of a question
Replies: 26
Views: 14301

Re: This one is a doozy of a question

Tex1961 wrote: Wed Jan 19, 2022 7:08 pm
crazy2medic wrote: Wed Jan 19, 2022 6:50 pm So the 30.05 signs do not have meet the same size and lettering standards as the .06 and .07 ???
No, they must meet the same requirements at .06/07 signs to be legal.

includes language that is identical to or substantially similar to the following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm";
(2) includes the language described by Subdivision (1) in both English and Spanish;
(3) appears in contrasting colors with block letters at least one inch in height; and
(4) is displayed in a conspicuous manner clearly visible to the public
i wish quality guns "manufactured before 1899" were easier to find and cheaper
by NotRPB
Wed Jan 19, 2022 8:17 am
Forum: General Texas CHL Discussion
Topic: This one is a doozy of a question
Replies: 26
Views: 14301

Re: This one is a doozy of a question

srothstein wrote: Tue Jan 18, 2022 11:22 pm
RottenApple wrote: Tue Jan 18, 2022 8:39 pm The way I think of it is: What authority am I carrying under?

Example 1: So I have a TX LTC. But I accidently leave it at home when I go to the grocery store. Since I am not carrying my LTC, I am carrying under the authority of Texas's CC law (i.e. - no LTC needed). I then go into a store that is not 30.05 posted, but is 30.06 and 30.07 posted. Because I am not carrying under the authority of my LTC license, neither 30.06 or 30.07 signs affect me at all. Therefore I continue to carry my firearm inside said store.

Example 2: So I have a TX LTC. I have it with me when I go to the grocery store. I walk up to the store and notice that they have both 30.06 and 30.07 signs posted, but no 30.05. I return to my car, place my LTC in the console, and continue into the store as normal since I am no longer carrying under the authority of my LTC. Because I am not carrying under the authority of my LTC license, neither 30.06 or 30.07 signs affect me at all.

Example 3: So I have a TX LTC. I have it on me when I go to the grocery store. I walk up to the store and notice that they have a 30.05 sign, but no 30.06 or 30.07. I continue past the sign and carry in the store because I am carrying under the authority of my LTC and therefore the 30.05 sign has no effect on me.

Example 4: So I have a TX LTC. I have it on me when I go to the grocery store. I walk up to the store and notice that they have 30.05, 30.06, and 30.07 signs. I turn around and go to another store.

Just my $0.02 worth.
While I agree with the principle of deciding what the authority is for your carry, I think you are misapplying that authority. The key point to remember is that 30.06 and 30.07 only apply to people who are carrying under the authority of the license. The next important step to remember is that the license is designed as an exception to the law. You are only carrying under the authority of your license if carrying without it would be a violation of the law. This is not whether or not you have the license with you, at least since they removed the penalty for not showing it.

So, if you go to a grocery store and see it is posted with both 30.06 and 30.07 signs but not 30.05, then you can carry in there because it would not be against the law to do so and therefore your license does not apply. If they have only the 30.05 sign, then you can carry in there because your license now applies (the exception in the 30.05 law that makes it not apply to an LTC).

Of course, your step 4 is always correct.
Thanks, srothstein, that analysis/rationale makes really good sense to me, i DO WISH FOR LEGISLATION ON SPECIFIC LANGUAGE/SIZE ON THE 30.05 SIGNS SO I RECEIVE "PROPER NOTICE" FROM SOMEONE IN AUTHORITY AT THE BUSINESS & DON'T ACCIDENTALLY NOT SEE A 1" X 2" GUNBUSTER STICKER that perhaps SOME RANDOM anti-self-defense CUSTOMER PASTED ON THAT NO ONE NOTICES I'd hate to make a mistake & not see something someone "imagines" is a 30.05 prohibition sign, when perhaps they only wanted to prohibit berettas, or "firearms" as defined, but not guns manufactured prior to certain dates or black powder pistols :thumbs2: :cheers2: (in other words, I want a 30.05 "big ugly sign" requirement, such that all 3 are notice-able )

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