Author Topic: Trespassing or not?  (Read 3640 times)

Scott

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Trespassing or not?
« on: April 10, 2014, 12:48:05 PM »
Would I be in any way trespassing if I concealed carried into a business that did not have a 30.06 sign posted, but did have a no weapons allowed type of sign?
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Trespassing or not?
« Reply #1 on: April 10, 2014, 01:59:39 PM »
No, you would not be trespassing Scott. The 30.06 statute was specifically written for circumstances like that where a property owner's only objection to the presence of a person is possession of a concealed handgun.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

w5pl

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Re: Trespassing or not?
« Reply #2 on: April 10, 2014, 07:28:01 PM »
Take this one step further.  They have a sign that meets all requirements of 30.06 except the 1" letter size.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Trespassing or not?
« Reply #3 on: April 11, 2014, 03:12:16 PM »
What it all comes down to is whether you were given notice that carrying a concealed handgun onto the premises was prohibited. There is an argument to be made that notice was not effectively given since the statute requires the letters to be one inch tall.

However, a district attorney will counter that argument by saying that you saw the sign, read the sign, and went into the premises anyway knowing that handguns were prohibited. A judge or jury will make the final determination whether you were given proper notice.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

w5pl

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Re: Trespassing or not?
« Reply #4 on: April 12, 2014, 01:02:29 AM »
Yes, it becomes a question of second guessing the motivation behind the posting of the sign.  

One might surmise that the establishment having read the statute in order to know what to post also read the letter size requirement.  Then in an effort to appease the anti-gun types knowingly posted a sign that did not meet all the requirements to allow those who legally carry access.  

On the order of having their cake and eating it too.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »