Who can legally post a 30.06 sign

[razorc195]

Ok, lots of speculation on this subject... So let's stop the guessing, please!!!
Can some one please answer the question about who can legally post a 30.06 sign and keep a CHL holder from taking thir weapon into a public and/or private establishment...???

Please, if you don't know 100% for sure save the space. Because, this is very very important for all of us to know!!!

Lots of establishments, are starting to put up the 30.06 sign and other less legally prohibitive signs... And I for one am very confused... For example, we have a restaurant(less than 51% of revenue from booze)in my community that has a sign that looks ligit... And so does the walmart... So, what is binding and what is not...??? And is it legal for them to post such signs...???

[Pawpaw]

This thread should answer most of your questions: http://texaschlforum.com/viewtopic.php?f=53&t=34571" onclick="window.open(this.href);return false;

The law doesn't designage WHO can post a legitimate 30.06 sign. If it's there and it's legit, don't carry past it.

The sign at walmart is the "unlicensed possession" sign they are required to post per TABC. It's the third sign down in the first post.

[Scott in Houston]

Anyone can legally post a 30.06 sign. There is no law saying that anyone or any place cannot post it. It only has enforceable authority in certain areas though.

Walmarts do not post 30.06.

[G26ster]

Simply reading PC 30.06 tells you who can post a 30.06 sign and who cannot. (1) & (2) tell you who can post a 30.06, and the last sentence of the statute tells you who cannot (by exception). Also, don't confuse 51% signs with 30.06 signs.

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.

(e) It is an exception to the application of this section that the property on which the license holder carries a 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.

[jimlongley]

Anyone can legally post a 30.06 sign. There is no law saying that anyone or any place cannot post it. It only has enforceable authority in certain areas though.

Walmarts do not post 30.06.

[Oldgringo]

Anyone can legally post a 30.06 sign. There is no law saying that anyone or any place cannot post it. It only has enforceable authority in certain areas though.

Walmarts do not post 30.06.

viva Wal-Mart!

[jbarn]

Ok, lots of speculation on this subject... So let's stop the guessing, please!!!
Can some one please answer the question about who can legally post a 30.06 sign and keep a CHL holder from taking thir weapon into a public and/or private establishment...???

Please, if you don't know 100% for sure save the space. Because, this is very very important for all of us to know!!!

Lots of establishments, are starting to put up the 30.06 sign and other less legally prohibitive signs... And I for one am very confused... For example, we have a restaurant(less than 51% of revenue from booze)in my community that has a sign that looks ligit... And so does the walmart... So, what is binding and what is not...??? And is it legal for them to post such signs...???

Interesting first post. Welcome to the forum. 30.06 is applicable to all locations except locations owned or leased by a government entity, UNLESS it is a place off limits under penal code 46.03 or 46.035. You can google those sections.

Can you be specific about the sign at the restaurant near you that "looks legit"? How about the Walmart sign?

Finally, it is perfectly legal for them to post "such signs"

More specificity will help us ease your confusion.

[RogueUSMC]

It's just kinda ironic how someone uses their first post to govern my response to a thread on a public forum...

...well daggum! I just wasted space I think!

[razorc195]

Good feedback...!!! Thanks !!!
Yeah, important to look for the "Licenced" word on the various signs...!

[jmra]

It's just kinda ironic how someone uses their first post to govern my response to a thread on a public forum...

...well daggum! I just wasted space I think!

Also sounds like he had a poor instructor or didn't pay attention in his class. Signs were well covered in my initial class.

[RPBrown]

Anyone can legally post a 30.06 sign. There is no law saying that anyone or any place cannot post it. It only has enforceable authority in certain areas though.

Walmarts do not post 30.06.

Well, almost anyone can. City or state owned property cannot be 30.06 posted

[Scott in Houston]

Anyone can legally post a 30.06 sign. There is no law saying that anyone or any place cannot post it. It only has enforceable authority in certain areas though.

Walmarts do not post 30.06.

Well, almost anyone can. City or state owned property cannot be 30.06 posted

My point is, they can legally post it. They're not breaking a law by posting it... even a city isn't breaking any law by posting it. They may be doing it to intimidate the uneducated or whatever, but a city posting signs is not breaking any law. Their signs just don't have any merit and cannot be enforced.

[jmra]

Anyone can legally post a 30.06 sign. There is no law saying that anyone or any place cannot post it. It only has enforceable authority in certain areas though.

Walmarts do not post 30.06.

Well, almost anyone can. City or state owned property cannot be 30.06 posted

Actually there are a number of these places (City/State property) that are posted and there is no law against them putting 30.06 signs up. But legally they are not enforceable.
ETA Scott beat me to it.

[cb1000rider]

Well, almost anyone can. City or state owned property cannot be 30.06 posted

Again, details: City or state owned property can be posted 30.06 and you'll find quite a few references to municipalities doing just that.
If you walk past it and were somehow spotted, LEOs should not arrest you, however, when polling various enforcement entities, some have indicated that they may choose to enforce. And legitimately, some officers probably don't know the law that well, it's a pretty fine detail.

Letters written to city attorneys on the issue have varying degrees of success. Some signs come down. Other signs stay up.

Legally, it's pretty clear. If they arrest you, it's very unlikely that you'd be successfully prosecuted. There is nothing illegal about posting unenforceable 30.06 and an unjustified arrest may not be a big deal to those who would choose to enforce.