Author Topic: Landlord posted 30.06 at one of four entrances  (Read 5645 times)

RevRudd

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Landlord posted 30.06 at one of four entrances
« on: September 16, 2015, 02:58:18 PM »
Within the last week, our landlord posted a 30.06 sign. We are about 1 year into a 7 year lease. The sign is on one of two front entrances. The tenants' entrances in the back do not have notices. What is our recourse?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Landlord posted 30.06 at one of four entrances
« Reply #1 on: September 23, 2015, 05:08:03 PM »
RevRudd,

Texas Penal Code 30.06 says that a property owner only needs to post one sign on property they own in order to provide legally effective notice to CHL holders that concealed carry is prohibited. Unfortunately, it sounds like your landlord’s 30.06 sign is legally effective.

Keep in mind, however, that you are not carrying pursuant to your CHL while in your vehicle. So the 30.06 sign does not prohibit you from having the firearm in your vehicle. Likewise, you are not carrying pursuant to your CHL in your apartment, so the 30.06 sign also does not apply there. In other words, you could not stroll around the apartment grounds with your handgun on you, as you would be carrying pursuant to the authority of a CHL. Your home and your vehicle, though, are unaffected by the sign. You will want to make sure that your lease does not contain any prohibitions on firearms, as the apartment complex could evict you for breaking the terms of the lease agreement!
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

RevRudd

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Re: Landlord posted 30.06 at one of four entrances
« Reply #2 on: September 23, 2015, 05:18:01 PM »
Sorry, I wasn't clear. This is an office building, if that makes any difference. If not, can I walk directly from the car to the office, and store the pistol when I leave the office to visit another part of the building? Can visitors to my office walk directly to my office? I'll review our lease for any mention of firearms. BTW, they posted the back entrances this morning.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

RevRudd

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Re: Landlord posted 30.06 at one of four entrances
« Reply #3 on: September 25, 2015, 05:40:41 PM »
Bummer. I signed the lease before I got my CHL. It has a no weapons clause. I'm stuck till 2022.
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yabu

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Re: Landlord posted 30.06 at one of four entrances
« Reply #4 on: September 25, 2015, 08:49:45 PM »
Interesting issue.  I checked the lease on my apartment and there appears to be a clause in it prohibiting open carry of a firearm in the "common areas of the complex".  I take that to mean concealed carry is my only option while on the property of the complex.  There is also a prohibition against discharging a firearm while on the property.  Doing so is cause for immediate eviction.  I wonder if that means if I ever had to use my weapon to defend myself against an intruder I would be evicted?  I wouldn't be surprised if these clauses existed in apartment leases everywhere.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Landlord posted 30.06 at one of four entrances
« Reply #5 on: October 01, 2015, 10:07:13 AM »
It turns out that the situation will be almost the same for your office (assuming you are the leaseholder) as it would be for an apartment. You can legally have your firearm on a “premises under your control,” which includes your office, as well as in your vehicle in the office parking lot. However, you cannot legally carry your handgun concealed on your person pursuant to your CHL while you are on the property. So if it’s anywhere other than the office, in the vehicle, or directly en route from one to the other, you would be breaking the law. Customers, however, are completely unable to carry into the building.

If you want to take your handgun to your office, the best way to do so would be in a case you hand-carry into the office. This would avoid any possible negative repercussions. Also, after January 1 of next year, you will be entitled to open carry with your soon-to-be LTC if the landlord does not post a 30.07 sign, so that may be another way for you to take your handgun into your office.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

NickVick76

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Re: Landlord posted 30.06 at one of four entrances
« Reply #6 on: December 12, 2015, 06:52:14 PM »
What are the legal options and tools for persuading the landlord to remove 30.96 signage from the property?

switch

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Re: Landlord posted 30.06 at one of four entrances
« Reply #7 on: December 13, 2015, 07:18:57 AM »
Just to clarify - the MPA states you can carry TO your car and IN your car.  It does NOT say anything about carrying FROM your car. :(  If that becomes a problem, we will fix it.

Starting 1/1, carrying past the 30.06 sign becomes a Class C, not to exceed $200 fine.  It will NOT affect your LTC. :)

I'd discuss w/landlord.  Point out his liability.  I'd sue if anyone was hurt on his property after he disarmed them. 

TexasLawShield

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Re: Landlord posted 30.06 at one of four entrances
« Reply #8 on: December 21, 2015, 01:08:35 PM »
NIckVick76,

Unfortunately, private property owners are able to put up these signs at their discretion and there is no process for influencing the property owners to take the signs down. Other than perhaps making them aware that they will be losing your business in the future.