HB 56 filed with text

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polekitty
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HB 56 filed with text

#1

Post by polekitty » Tue Jun 11, 2013 5:54 pm

Here's another one a lot have been waiting for.


MeMelYup
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Re: HB 56 filed with text

#2

Post by MeMelYup » Tue Jun 11, 2013 6:35 pm

It deletes 30.06, adds 30.07 with same requirements as current 30.06 with open carry.
This is baaaaad!!!

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jmra
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Re: HB 56 filed with text

#3

Post by jmra » Tue Jun 11, 2013 6:37 pm

polekitty wrote:Here's another one a lot have been waiting for.
I don't think so. This will never pass.
Life is tough, but it's tougher when you're stupid.
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RottenApple
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Re: HB 56 filed with text

#4

Post by RottenApple » Tue Jun 11, 2013 7:07 pm

MeMelYup wrote:It deletes 30.06, adds 30.07 with same requirements as current 30.06 with open carry.
This is baaaaad!!!
I don't have a problem with the creation of the 30.07 sign since it only applies to OC. But when will these jokers learn to LEAVE 30.06 ALONE!?!?!? :banghead:

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Paragrouper
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Re: HB 56 filed with text

#5

Post by Paragrouper » Tue Jun 11, 2013 7:56 pm

RottenApple wrote:
MeMelYup wrote:It deletes 30.06, adds 30.07 with same requirements as current 30.06 with open carry.
This is baaaaad!!!
I don't have a problem with the creation of the 30.07 sign since it only applies to OC. But when will these jokers learn to LEAVE 30.06 ALONE!?!?!? :banghead:
:iagree:

This is not a good bill.
DCC
"Beware the fury of of the patient man." ~John Dryden

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jimlongley
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Re: HB 56 filed with text

#6

Post by jimlongley » Tue Jun 11, 2013 8:32 pm

SECTION 45. Section 30.06(a), Penal Code, is amended to
read as follows:
(a) A license holder commits an offense if the license
holder:
(1) carries a concealed handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.
SECTION 46. Chapter 30, Penal Code, is amended by adding
Section 30.07 to read as follows:
Sec. 30.07. TRESPASS BY HOLDER OF LICENSE TO CARRY
UNCONCEALED HANDGUN. (a) A license holder commits an offense if
the license holder:
(1) openly carries a handgun in an unconcealed manner
under the authority of Subchapter H, Chapter 411, Government Code,
on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
openly carrying an unconcealed handgun was forbidden; or
(B) remaining on the property while openly
carrying an unconcealed handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice
if the owner of the property or someone with apparent authority to
act for the owner provides notice to the person by oral or written
communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) "License holder" has the meaning assigned by
Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.07,
Penal Code (trespass by holder of license to carry an unconcealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code, may not enter this property with an unconcealed
handgun that is carried openly"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section
that the property on which the license holder openly carries the
unconcealed handgun is owned or leased by a governmental entity and
is not a premises or other place on which the license holder is
prohibited from carrying the handgun under Section 46.03 or 46.035.
Real gun control, carrying 24/7/365

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sjfcontrol
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Re: HB 56 filed with text

#7

Post by sjfcontrol » Tue Jun 11, 2013 8:41 pm

Well, I like the "at each entrance" part...
Range Rule: "The front gate lock is not an acceptable target."
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Paragrouper
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Re: HB 56 filed with text

#8

Post by Paragrouper » Tue Jun 11, 2013 10:09 pm

jimlongley wrote:(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.07,
Penal Code (trespass by holder of license to carry an unconcealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code, may not enter this property with an unconcealed
handgun that is carried openly"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section
that the property on which the license holder openly carries the
unconcealed handgun is owned or leased by a governmental entity and
is not a premises or other place on which the license holder is
prohibited from carrying the handgun under Section 46.03 or 46.035.

This portion is written in 30.07, but abridged from 30.06 in the proposed text.
DCC
"Beware the fury of of the patient man." ~John Dryden


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Re: HB 56 filed with text

#9

Post by 2firfun50 » Wed Jun 12, 2013 11:05 am

Paragrouper wrote:
jimlongley wrote:(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.07,
Penal Code (trespass by holder of license to carry an unconcealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code, may not enter this property with an unconcealed
handgun that is carried openly"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section
that the property on which the license holder openly carries the
unconcealed handgun is owned or leased by a governmental entity and
is not a premises or other place on which the license holder is
prohibited from carrying the handgun under Section 46.03 or 46.035.

This portion is written in 30.07, but abridged from 30.06 in the proposed text.
I'm not very good with this legalese way of writing things. Would the addition of 30.07 require posting on every entrance for both 30.06 and 30.07, or just 30.07? I know folks get nervous when any changes to 30.06 are discussed, but a change to require posting at every entrance seems like a good one.

Another question. Would an establishment have to post both 30.06 and 30.07? That would create one REALLY BIG ugly sign if done properly "rlol"


ammoboy2
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Re: HB 56 filed with text

#10

Post by ammoboy2 » Wed Jun 12, 2013 11:33 am

I think the ugly sign is the point.


RottenApple
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Re: HB 56 filed with text

#11

Post by RottenApple » Wed Jun 12, 2013 2:00 pm

2firfun50 wrote:I'm not very good with this legalese way of writing things. Would the addition of 30.07 require posting on every entrance for both 30.06 and 30.07, or just 30.07? I know folks get nervous when any changes to 30.06 are discussed, but a change to require posting at every entrance seems like a good one.

Another question. Would an establishment have to post both 30.06 and 30.07? That would create one REALLY BIG ugly sign if done properly "rlol"
You're kind of missing it. If this passes (it won't), there won't BE a 30.06 sign any more. A simple gun buster will suffice to keep you out.
SECTION 45. Section 30.06(a), Penal Code, is amended to
read as follows:
(a) A license holder commits an offense if the license
holder:
(1) carries a concealed handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.
That will be the new 30.06. See anything in there about sign or language requirements? Nope. Me either. And that's the problem.

Here is the new section that ONLY deals with prohibiting open carry:
SECTION 46. Chapter 30, Penal Code, is amended by adding
Section 30.07 to read as follows:
Sec. 30.07. TRESPASS BY HOLDER OF LICENSE TO CARRY
UNCONCEALED HANDGUN. (a) A license holder commits an offense if
the license holder:
(1) openly carries a handgun in an unconcealed manner
under the authority of Subchapter H, Chapter 411, Government Code,
on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
openly carrying an unconcealed handgun was forbidden; or
(B) remaining on the property while openly
carrying an unconcealed handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice
if the owner of the property or someone with apparent authority to
act for the owner provides notice to the person by oral or written
communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) "License holder" has the meaning assigned by
Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.07,
Penal Code (trespass by holder of license to carry an unconcealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code, may not enter this property with an unconcealed
handgun that is carried openly";
or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section
that the property on which the license holder openly carries the
unconcealed handgun is owned or leased by a governmental entity and
is not a premises or other place on which the license holder is
prohibited from carrying the handgun under Section 46.03 or 46.035.
So this bill would make gun busters enforceable for those who conceal ( :banghead: ), and create a Big Ugly Sign for those who open carry ( :thumbs2: ).

I'd be willing to settle for leaving 30.06 alone and adding the new 30.07. But this....bill.....is not a good thing. Good thing it doesn't stand a chance of passing (I hope).


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Re: HB 56 filed with text

#12

Post by 2firfun50 » Wed Jun 12, 2013 2:20 pm

Thanks for the reply. I'm reading it a little differently in that only this portion of 30.06 is being amended.
SECTION 45. Section 30.06(a), Penal Code, is amended to
read as follows:
(a) A license holder commits an offense if the license
holder:
(1) carries a concealed handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.
I don't see anything that lines out or repeals the rest of 30.06. The way I read it, the rest of 30.06 would remain intact Only 30.06(a) is being amended. Small (b) and (c) would be untouched. Like I said, I'm just an engineer and not good with legalese. :tiphat:


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Re: HB 56 filed with text

#13

Post by RottenApple » Wed Jun 12, 2013 2:27 pm

2firfun50 wrote:I don't see anything that lines out or repeals the rest of 30.06. The way I read it, the rest of 30.06 would remain intact Only 30.06(a) is being amended. Small (b) and (c) would be untouched. Like I said, I'm just an engineer and not good with legalese. :tiphat:
I see what you are getting at, but I believe you may be mistaken. Take a look at the "modified" 30.06 and the current 30.06:

Modified:
SECTION 45. Section 30.06(a), Penal Code, is amended to
read as follows:
(a) A license holder commits an offense if the license
holder:
(1) carries a concealed handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.
Current:
(a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on t he property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on t he property with a concealed handgun was
forbidden and failed to depart.
They are identical. So the only modification this bill could possibly mean is the elimination of everything after (B). :tiphat:


locke_n_load
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Re: HB 56 filed with text

#14

Post by locke_n_load » Wed Jun 12, 2013 2:31 pm

I'm interested to hear someone with legal experience interpret this... If we keep 30.06 signs and add 30.07 signs, I'm in.
"They that would give up Essential Liberty, for a little temporary Safety, deserve neither Liberty nor Safety"

EDC - Glock 26 Gen IV
CHL Holder since 10/08


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Re: HB 56 filed with text

#15

Post by 2firfun50 » Wed Jun 12, 2013 2:53 pm

locke_n_load wrote:I'm interested to hear someone with legal experience interpret this... If we keep 30.06 signs and add 30.07 signs, I'm in.
So am I as we have 2 different reads, either of which could be correct. :tiphat:

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