TexasCHLforum.com

Have any forum members any personal knowledge of anyone being charged with a 30.06 violation, or, simply being warned about it?

I am not looking for names, just experiences.

Purplehood wrote:Have any forum members any personal knowledge of anyone being charged with a 30.06 violation, or, simply being warned about it?

I am not looking for names, just experiences.

I have no personal knowledge of either. According to DPS reports for 2002 through 2006, no CHL has been convicted of violating TPC §30.06. The reports don't show trespass, §46.03, §46.035 and other prohibited locations individually, they are reported collectively as "Places Where Weapons Prohibited."

I have to admit I'm surprised it hasn't happened even once.

Chas.

I'm surprised that it's zero, but I'm not surprised that it's a small number.

In order for someone to convicted of 30.06 criminal trespass, all of the following events must occur:

1. An armed CHL holder must enter premises with a valid 30.06 posting (whether intentionally or not).
2. Someone there must observe that the CHL holder is armed and call the cops.
3. The CHL holder must still be there when the cops arrive.
4. Someone in authority must file a complaint of criminal trespass.
5. The CHL holder must plead guilty or be found guilty at trial.

Correct me if I'm wrong, but the officer has the privilege of saying "no harm, no foul," if no complaint is filed.

Now stick with me for the following observations:

• About 2% of the adult population of Texas has a CHL.
• Only a fraction of those people carry frequently.
• Only a small fraction of premises have valid 30.06 postings. (I still have never seen one.)
• Therefore, the probability of an armed CHL holder encountering 30.06 premises is very small.
• Most of these signs are put up by corporate fiat. The people who work there and have contact with the public probably don't care.
• Concealed means concealed.

For all those reasons, I think we spend too much time worrying about this issue.

- Jim

The reason we spend time worrying about this issue is much like the reason we carry to begin with.

The probability of there being a problem may be very, very small. Almost nonexistent. But the consequences may be heavy: loss of your CHL, loss of your job (if you are caught carrying at your 30.06-posted employer's premises), legal fees, etc.

Good point. That's why I suggested in the other thread that a 30.06 violation should be a class C misdemeanor -- the first couple of times, anyway.

- Jim

seamusTX wrote:Only a small fraction of premises have valid 30.06 postings. (I still have never seen one.)

Really, Jim? You've never seen a single valid 30.06 posting? I can think of 2-3 I've seen right off hand (and entered in the database at texas3006.com). However, I do see more 51% postings than I do 30.06.

Yes, I really have never seen a valid 30.06 sign (and I hope it stays that way).

Galveston County has 30.06 signs on some of their facilities that meet the requirements of the law except that they are not valid because they are on government-owned premises.

Other than that, I've seen only signs with the wrong wording, in English only, and too small.

I asked El Gato (who is a CHL instructor), if he had ever seen one. He said the only one he knew of in the county was on a particular medical clinic.

- Jim

Purplehood wrote:Have any forum members any personal knowledge of anyone being charged with a 30.06 violation, or, simply being warned about it?

I am not looking for names, just experiences.

Here's on that was posted a while back. Nothing on the final outcome:
http://www.texasshooting.com/TexasCHL_F ... se#p147847" onclick="window.open(this.href);return false;

WildBill wrote:

Purplehood wrote:Have any forum members any personal knowledge of anyone being charged with a 30.06 violation, or, simply being warned about it?

I am not looking for names, just experiences.

Here's on that was posted a while back. Nothing on the final outcome:
http://www.texasshooting.com/TexasCHL_F ... se#p147847" onclick="window.open(this.href);return false;

That's a drag that there was never any more word on that. I suspect the wording or other detail of the sign was not up to 30.06 standards but it looks like the CHL holder got arrested anyway.

She also lost her job, and she will probably have to move to a different country to get one. Most employers of nurses perform a background check.

What is relevant to this topic is that she had already been found out once and warned, and then she failed to secure her handgun properly a second time.

- Jim

mr.72 wrote:

WildBill wrote:

Purplehood wrote:Have any forum members any personal knowledge of anyone being charged with a 30.06 violation, or, simply being warned about it?

I am not looking for names, just experiences.

Here's on that was posted a while back. Nothing on the final outcome:
http://www.texasshooting.com/TexasCHL_F ... se#p147847" onclick="window.open(this.href);return false;

That's a drag that there was never any more word on that. I suspect the wording or other detail of the sign was not up to 30.06 standards but it looks like the CHL holder got arrested anyway.

It was unclear about the actual 30.06 sign. I believe she was arrested based on verbal notification.

Well that's good news that at least she had a warning first. I didn't see that in this thread but I confess I didn't research the entire story.

I was surprised that a participant in this forum who had had a negligent discharge at the George R. Brown Convention Center, where a gunshow was taking place, and that the entrance had that HUGE 30.06 posting, didn't somehow get charged with violating that posting after he shot himself in the hand...

I thought they would try to wiggle that charge into the case...

All he got was a "deadly conduct" charge that was later dissmissed thru some outstanding legal representation I might add...

So like many here...Never heard of anyone getting tagged with this since 1995-96...

stevie_d_64 wrote:I was surprised that a participant in this forum who had had a negligent discharge at the George R. Brown Convention Center, where a gunshow was taking place, and that the entrance had that HUGE 30.06 posting, didn't somehow get charged with violating that posting after he shot himself in the hand...

I thought they would try to wiggle that charge into the case...

All he got was a "deadly conduct" charge that was later dissmissed thru some outstanding legal representation I might add...

So like many here...Never heard of anyone getting tagged with this since 1995-96...

They new the 30.06 wouldn't stick, that is city property.

stevie_d_64 wrote:I was surprised that a participant in this forum who had had a negligent discharge at the George R. Brown Convention Center, where a gunshow was taking place, and that the entrance had that HUGE 30.06 posting, didn't somehow get charged with violating that posting after he shot himself in the hand...

All he got was a "deadly conduct" charge ...

Deadly conduct is a felony.

There's a legal principle called "lesser included offenses" that says if a person is charged with a serious crime, he can't also be charged with lesser crimes that were elements of the most serious crime.

For example, burglary always involves criminal trespass and theft, but the burglar is only charged with felony burglary.

That's how I understand it, anyway. IANAL.

- Jim