Page 2 of 5
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 9:56 am
by Shorts
AntiCHL businesses must pony up to the letter of the law just as CHLers abide by the letter of the law.
I don't see it right that CHLers have to go out of their way and then some to follow laws if the contending party doesn't.
Law's the law, everyone complies, not just CHLers.
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 10:02 am
by shootthesheet
I consider it ignorant to fear the government or a misinterpretation of the law more than I do being murdered or worse.
The O.P. did the right thing because "intent" has no place in the exact posting requirements. They either are correct or they are not correct. Considering it may cost a CHL holder or other innocent their life I will continue to ignore improper postings. I will deal with harassment from the ignorant if it ever comes to that.
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 10:14 am
by chamberc
Just a reminder to all, make sure you update
http://www.texas3006.com" onclick="window.open(this.href);return false; with any new places you find 30.06 signs.
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 1:20 pm
by USA1
Drewthetexan wrote:Years past I was in the habit of smuggling 6-packs into the theater. Two front pockets, two back pockets, two laced up in my boots.
now
thats dedication...
how embarrassed would you have been if one of those fell out and went rolling across the floor .
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 2:30 pm
by joe817
USA1 wrote:Drewthetexan wrote:Years past I was in the habit of smuggling 6-packs into the theater. Two front pockets, two back pockets, two laced up in my boots.
now
thats dedication...
how embarrassed would you have been if one of those fell out and went rolling across the floor .
Oh I wasn't embarrassed at all! I mean, I have no idea what you're talking about!
It must have been someone else!
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 4:00 pm
by AJSully421
I've been there too... the signs are not authoritative. Also, if you go straight up to the 3rd floor via the elevator... there's no 30.06 sign up there...
Anti-gunners are idiots no matter how you look at it. Use that against them and do what you know is right (protecting you and yours with a concealed firearm)
This from a guy who carries in the PO...
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 5:47 pm
by A-R
JJVP wrote:... the owner from asking him to leave and he must comply. But that is all he can do, even if the sign met all the specification of the law.
IANAL, but I do not read the statute this way. I read it that IF there is a proper sign and IF you walk past that sign into the premises while carrying, THEN you have just committed an offense under the statute and can be arrested for Class A misdemeanor.
(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.
The relevant word above is "or", and section (A) applies if you walk past a proper 30.06 sign, not section (B)
Does this make sense? Do I have this right?
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 7:06 pm
by boomerang
Concealed means concealed.
At least one inch means at least one inch.
But in the future I would spend my money somewhere else.
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 7:55 pm
by barnjoer
I can see both sides of this, but the bottom line is the BG does not care if the sign is legal or not they will & do go where they please when the please!! right is right & wrong is wrong, & we are getting screwed worse every day!!
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 9:21 pm
by Drewthetexan
joe817 wrote:USA1 wrote:Drewthetexan wrote:Years past I was in the habit of smuggling 6-packs into the theater. Two front pockets, two back pockets, two laced up in my boots.
now
thats dedication...
how embarrassed would you have been if one of those fell out and went rolling across the floor .
Oh I wasn't embarrassed at all! I mean, I have no idea what you're talking about!
It must have been someone else!
We sat in the very back for obvious reasons. There was one time when I knocked an empty over and it rolled toward the front several rows
<clink>...<clink>... <clink>...<clink>...<clink>...
Lol, I think the strategy was deny, deny, deny if one ever came out.
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 11:11 pm
by kauboy
WHOA!!!
2 pages already???
I didn't think this would spark up so quickly. Thanks for the responses guys.
I'm glad to know I'm in good company. I'll agree that my popcorn money could have been spent better elsewhere, but we had free tickets, so I can't complain too much.
Thanks guys.
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 11:21 pm
by kauboy
austinrealtor wrote:IANAL, but I do not read the statute this way. I read it that IF there is a proper sign and IF you walk past that sign into the premises while carrying, THEN you have just committed an offense under the statute and can be arrested for Class A misdemeanor.
(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.
The relevant word above is "or", and section (A) applies if you walk past a proper 30.06 sign, not section (B)
Does this make sense? Do I have this right?
Yes, you are correct.
If "notice" was given, and a CHL carrier ignored it, that would be an offense.
However, the law states what "notice" is when a sign is used.
Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (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 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.
(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 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; 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.
(d) An offense under this section is a Class A misdemeanor.
(c. 3. B. ii.) was not met.
Therefore, "written communication" was not sufficient, and that means notice was not properly given.
Like I said, I love technicalities.
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Fri Aug 21, 2009 11:43 pm
by 03Lightningrocks
USA1 wrote:if you don't make it a habit of getting "outed" all the time , whats there to worry about .
i would have just walked right in too .
i worry more about them noticing all the candy i'm smuggling in from walgreens .
LOL...You Too??? I even go so far as smuggling a bottled water tucked in my back pocket. Pull the t-shirt over it and in we go.
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Sat Aug 22, 2009 12:11 am
by ScottDLS
03Lightningrocks wrote:USA1 wrote:if you don't make it a habit of getting "outed" all the time , whats there to worry about .
i would have just walked right in too .
i worry more about them noticing all the candy i'm smuggling in from walgreens .
LOL...You Too??? I even go so far as smuggling a bottled water tucked in my back pocket. Pull the t-shirt over it and in we go.
Be careful. They may post a "circle slash water" sign and ... class B misdemeanor trespass under 30.05 according to some arguments I've heard on this site.
Re: AMC Theater at the Parks Mall... 30.06(kinda)
Posted: Sat Aug 22, 2009 6:51 am
by boomerang
ScottDLS wrote:Be careful. They may post a "circle slash water" sign and ... class B misdemeanor trespass under 30.05 according to some arguments I've heard on this site.
Many movie theaters prohibit outside food and drink.