Author Topic: Penalty for carrying past 30.06  (Read 5418 times)

Revenant

  • Guest
Penalty for carrying past 30.06
« on: January 18, 2016, 12:24:39 PM »
Can someone please clear up some confusion about what the penalty for walking past a 30.06 sign is....


Sec. 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that entry on the property by a license holder with a concealed handgun was forbidden.

(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.


(d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.


Scenario 1
So I interpret this as if I received prior notice verbally or written/signage, and then later (on a different occasion) made entry then it's a Class C misdemeanor. Upon/after entry if I am then given a 2nd verbal notice and also failed to depart then it its a Class A misdemeanor. (and verbal notice must be given each time for class A)

My reasoning is that whether verbal or written, notice is notice and the penalty for violating notice is a Class C. The penalty for being asked to leave and remaining is a Class A.


Scenario 2
Some interpret as if you received prior notice, written or signage, and then later made entry then it's a Class C misdemeanor. But if you were initially given verbal notice and later made entry and also failed to depart then it its a Class A misdemeanor. (No second verbal notice, the initial verbal notice makes it a Class A and after one is given, no further verbal notice is required for class A)

The reason for my confusion is that say you miss the sign at an establishment you don't frequent often (especially if it is a chain) and you are given verbal notice and leave. Then you sometime passes by and you forget which establishment exactly gave you the notice. You again walk in missing the sign and then it's a class A because you were given prior verbal notice?


I am looking for signage (which can be missed) and verbal notices can be easily forgotten. That's why scenario one makes the most sense to me.

So does verbal notice make it class A before entry or only after entry?  And must verbal notice be given each time or is one verbal notice good forever?

Colonel

  • Newbie
  • *
  • Posts: 14
    • View Profile
Re: Penalty for carrying past 30.06
« Reply #1 on: January 19, 2016, 05:24:26 PM »
My take on this is that if you knowingly pass a 30.06 or 30.07 sign while carrying concealed or open as the case may be, you are in violation. The fact that you knowingly violated the sign could get you a Class A charge. If you walk past the sign and do not see it for whatever reason, you are still in violation but may have a defense if the sign is poorly placed or not properly worded or formatted. Accidently bypassing the sign would probably be a Class C. If there are no signs posted, but are asked to leave by a responsible individual, you are not in violation unless you refuse to leave. Refusal to leave could be a Class C or even a Class A if refusal gets heated and law enforcement is called. However a patron of a store is not a responsible person, only a manager or employee or property owner/representative of the owner can ask you to leave.

I am not a lawyer so take this for whatever it is worth. Be safe!
Hopefully a lawyer will weigh in on this.

switch

  • Newbie
  • *
  • Posts: 140
    • View Profile
Re: Penalty for carrying past 30.06
« Reply #2 on: January 21, 2016, 08:36:37 AM »
 >:(  Don't read into the law.  Don't make it harder that it has to be.  If you walk past a sign, (that 'enforceable') it's a Class C, regardless of whether or not you saw it.  If you are given verbal notice to leave, then it could become a Class A.

Neighbor

  • Newbie
  • *
  • Posts: 247
    • View Profile
Re: Penalty for carrying past 30.06
« Reply #3 on: February 18, 2016, 09:48:29 PM »
I agree with Switch - don't make it complicated.

My big question is "why would any sane person refuse to leave when asked?" I can also assure you that if I was ever asked to leave from a 30.06 posted business, I would NEVER forget which one it was and venture in there again unknowingly.