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Legal 30.06?

Posted: Wed Jan 15, 2014 7:42 am
by APynckel
Is this a valid and legal 30.06? Doesn't look like block lettering to me...

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 7:45 am
by jmra
Are you sure you want to argue that before a judge?

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 7:55 am
by APynckel
jmra wrote:Are you sure you want to argue that before a judge?
I have no intention of violating it, I am merely asking if it's legal.

According to this site,

http://www.burger.com/gunfaq08.htm" onclick="window.open(this.href);return false;
"Written communication" means either:
(1) a card or "other document" that has 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

(2) A sign posted on the property that:
(a) "includes" the above language in both English and Spanish;
(b) appears in contrasting colors with block letters at least one inch in height; and
(c) is displayed in a conspicuous manner clearly visible to the public.
... it is in violation due to it not being in 1" block lettering (there is visible capital / lowercase font). I am restricted due to company policy from carrying a weapon inside the building, but someone else could LEGALLY conceal a firearm due to this not being in spec.

.. Or am I wrong?

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 8:05 am
by MasterOfNone
Block letters do not have to be upper case. Pretty much any font that is sans serif and not script is block letters.
However, the potential issue with using mixed case is the size of the lower case letters. If the capital letters are 1" tall, the lower case letters will likely be about 1/2" or 5/8" tall.

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 8:05 am
by APynckel
MasterOfNone wrote:Block letters do not have to be upper case. Pretty much any font that is sans serif and not script is block letters.
However, the potential issue with using mixed case is the size of the lower case letters. If the capital letters are 1" tall, the lower case letters will likely be about 1/2" or 5/8" tall.
I shall go measure them.

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 9:09 am
by APynckel
Confirmed that even the largest letters are not 1" tall.

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 9:13 am
by RPBrown
Legal sign, no. Would I want to argue with a judge about the legalities, again no.

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 9:14 am
by APynckel
RPBrown wrote:Legal sign, no. Would I want to argue with a judge about the legalities, again no.
Again...
APynckel wrote:
jmra wrote:Are you sure you want to argue that before a judge?
I have no intention of violating it, I am merely asking if it's legal.

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 9:18 am
by Texsquatch
Is there any case law or articles regardings someone going to court for violating a 30.06 that may not be posted correctly? I did a quick search and didn't see anything good. I'm wondering how people have made out on this type of situation. I know the law is clear on the requirements for posting a 30.06, but if it's a little bit out of spec, I can see a judge upholding the "spirit" of the posting.

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 9:20 am
by APynckel
Texsquatch wrote:Is there any case law or articles regardings someone going to court for violating a 30.06 that may not be posted correctly? I did a quick search and didn't see anything good. I'm wondering how people have made out on this type of situation. I know the law is clear on the requirements for posting a 30.06, but if it's a little bit out of spec, I can see a judge upholding the "spirit" of the posting.
Law is law, and it's written with specs for a reason. Pretty black and white. A judge ruling in favor of violating law, is equivalent to legislating from the bench, and I know that most people on this forum are opposed to that.

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 10:29 am
by Texsquatch
Yeah, but we know law is open to interpretation, that's what judges & lawers do. I know there's always grey area, so I guess I typically err on the side of caution.

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 10:32 am
by APynckel
Texsquatch wrote:Yeah, but we know law is open to interpretation, that's what judges & lawers do. I know there's always grey area, so I guess I typically err on the side of caution.
There's no grey area when it specifically states the way you have to post the sign.

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 11:22 am
by bbobb
If the letters on a sign are too small it is not valid 30.06 notice and concealed is concealed.

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 2:08 pm
by puma guy
MasterOfNone wrote:Block letters do not have to be upper case. Pretty much any font that is sans serif and not script is block letters.
However, the potential issue with using mixed case is the size of the lower case letters. If the capital letters are 1" tall, the lower case letters will likely be about 1/2" or 5/8" tall.
Block letters are mostly defined as capital. I would argue the meaning in the 30.06 law is for capitals, since it's for a sign. IANaL and can only offer my opinion, but the implication of lower case in the signs would mean they would be required to meet the 1" minimum and uppercase would have to be proportionally larger. There are different applications of the term in printing, and type setting, but "block letters" is synonymous with "block capitals". Having painted signs in my younger days any time block letters were requested it was for capitals.

Re: Legal 30.06?

Posted: Wed Jan 15, 2014 2:15 pm
by bbobb
Seeing how specific that law is, I think if they meant the sign has to be ALL CAPS then that section of the law would have give the example in ALL CAPS.