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by Pariah3j
Fri Aug 11, 2017 4:27 pm
Forum: New to CHL?
Topic: another 30.06 question
Replies: 84
Views: 12196

Re: another 30.06 question

CZp10 wrote:Thank you very much for all the great replies, this is a very helpful community :smile: . I really wish the antigun crowd knew what great people the vast majority of carry advocates are.

If there is someone here with direct knowledge of this I would appreciate them setting me straight, but I think some people may be underestimating the ramifications of being convicted of a criminal offense.

A class C misdemeanor of 30.06 would seem to be “Criminal Trespass”. The key being that once you pay the $200 you are admitting guilt and you will have a permanent record of being convicted of a crime. It is not anything like a traffic ticket. Texas officers have the right to arrest you for class C misdemeanors as well.

From a Texas attorney’s websites it shows that Class C convictions can be seen by private employers in background checks and that can be used to deny you employment. You have the right to fight it in court but you will not be provided with an attorney, you must hire your own whether you can afford it or not. Depending on the case it will easily cost 5000 to 10000 dollars.

Texas DPS says that if you get more than one of these 30.06 class C violations the courts will most likely raise it to a higher more serious conviction, and that can be used to revoke your concealed carry permit, and a higher misdemeanor can result in jail time.

I realize that these might seem unlikely consequences to some, but I still believe it is far more serious that most are assuming.
Nope 30.06 and 30.07 only turn into Criminal Trespass when you refuse to leave after being given notice. While I believe you are correct that a company could see a Class C conviction during a background check, most of them don't - Most specifically ask if you've been charged with 'anything above a Class C', meaning they aren't looking for them or care - and yes, you can be arrested for a Class C traffic violation as well, but it isn't the norm.

Here's how it will typically go down as I see it - if the place is posted 30.06, properly or not and you carry past the sign. In most cases, it will be an employee or manager that notices you carrying(big if from my personal experience). At that point they will notify you that you are not allowed to carry in that location, you comply and leave and that is the end of the story. There has only been one story/incident I've heard of where an officer was called to notify someone - and they were OC'ing in a restaurant with improperly posted 'signs'(wasn't a sign, was a xeroxed copy of the 30.07 sign on printer paper if I remember correctly). And they weren't charged once he explained the law to the officer, was just asked to leave.

I believe you will be hard pressed to find any 30.06 convictions in the last few years, much less one that was upgraded to a more serious conviction. IANAL, but I believe they would have to prove you purposely violated 30.06 multiple times knowingly to get something like that to stick - so unless you've gotten multiple tickets for violating 30.06 at the same location or a pattern of ignoring the signs, I believe that would be a tough one to prove.

I do get your fear/anxiety about the issue, but it's a similar feeling a lot of us go through when we first get licensed. You feel like everyone can tell you are packing and looking at you. Eventually, you realize very few if any notice, unless they are an LTC or peace officer - even while open carrying.

As I stated before, I believe any business open to the public shouldn't be allowed to post 30.06. Private property or offices not open to the general public I believe should be allowed, but until the law changes it's just my opinion(and you know what they say about opinions and rear-ends).
by Pariah3j
Fri Aug 11, 2017 10:37 am
Forum: New to CHL?
Topic: another 30.06 question
Replies: 84
Views: 12196

Re: another 30.06 question

CZp10 - welcome to the forums.

You've just expressed some of the same frustrations most of us feel as well. Now I would say you are overthinking the criminal element part of the sign a little more than needed. A Class C is nothing more than civil disobedience, it's like getting a speeding ticket. In fact, the cost of going past a 30.06 sign is cheaper in some cases.

The debate about businesses being able to post 30.06 sign has been a point of debate here several times. It comes down to personal liberty/rights vs private property rights. We must weight at what point does our rights end, and a public business begins, etc. We force public businesses to adhere to things like handicap and other regulatory requirements, so why not licensed concealed carriers? Personally, I don't think LTC should be allowed to be banned from any business that allows the general public to enter - ie storefronts.

All of that considered, I attempt to not do business with anyone posting a valid 30.06 sign. Easier said than done, I know, preaching to the choir. As you become more versed in what makes a valid 30.06 sign, you will start to notice that a lot of stores have posted invalid/unenforceable signs. At that point you might choose to ignore the sign and go in any way - concealed is concealed.

Just my .02

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