The Texas State Rifle Association reports that . . .
An unexpected benefit of the debate over the “open carry” bill [which goes into effect January 1]: it lowers the potential penalty for anyone accused of violating a “30.06” sign from a Class A misdemeanor (punishable by up to a year in county jail and/or a $4,000 fine) to a Class C misdemeanor, which is punishable by a maximum fine of $200 only. This is the penalty for the new 30.07 law as well. This means that even if a license holder is convicted of trespassing in violation of a property owner’s “30.06” or “30.07” sign, there is no possibility of jail time and no potential for revocation of their handgun license. However . . .
if a license holder is given a personal, verbal “30.06” or “30.07” warning such as “we don’t allow guns in here” or “you are not allowed to open carry in here,” and the license holder refuses to leave or conceal their handgun, the potential penalty remains a Class A misdemeanor.
It’s odd that a verbal warning carries a stronger punishment.
Looks like the Texas legislature wasn’t paying attention.
Very easy to miss a sign, where walking past with your weapon causes you to lose your CHL for 5-7 years. Much harder to miss a verbal warning to your face.
I’d say the Texas legislature had their hearing aids in on this one.
OC was allowed, some penalties were reduced, win, win, win, win ….. I still hope for some restaurant to discover I’m armed and ask me to leave after my family has been served, before I pay the check. I won’t even hide my pleasure, “thank you very much!!!” as we stroll out the door. Where we eat, that will normally cost the establishment $100+ and the server $30+.
Take the gun. Leave the cannoli.
At that point it’s not really a warning anymore, its a get off my private property statement.
Because the business stucture is owned by someone or other or a corp or something/someone unknown but unlikely the statist bigmouth Jackwagon who has decided that his opinion trumps natural law which grants the right to selfdefense which in the US is codified by the 2nd.
In otherwords BS
It’s not the verbal warning that causes the stiffer punishment, it’s the failure to heed it. If you’re asked to leave, leave.
I wonder what happens if you go back the next day. I mean, you have already been told by that establishment, does that one warning last forever? Otherwise, bothering them every day might be fun.
At some point, a prosecutor and a judge are probably going to call that harassment.
The relevant concept is “notice”. Once the person in control of the property gives you actual verbal notice that your presence with your gun is not wanted, you have notice and it doesn’t expire until you receive notice otherwise.
Odd? No, they did not mess up or miss something, hence why they went back and changed the wording on the 30.06 law as well instead of just having different wording for 30.07.
I think they have to post both signs at every entrance, right? If they only post 30.07, you can carry concealed, if they only post 30.06 you can OC. Kinda fun, this is precisely what these turds have been doing to us for decades, constantly making life more and more difficult and confusing, with less and less benefit.
I love how the instruction says you have to either leave OR conceal your firearm. Implying that compliance includes continuing on the premise armed, but not obviously so. Long coats, hoodies, and folding AKs hurrah.
“and the license holder refuses to leave or conceal their handgun”
-Love it.
Remember Kids. Texas.
https://www.youtube.com/watch?v=75sWALt2IzI
This video is gold. Thanks for sharing.
Yeah, though I would pay good money to see homeboy there try walking in a normal fashion or sitting down with all that hardware without having the pieces tucked in his belt falling out through the cuffs.
It’s fairly easy to stand stationary and stuff them in you belt, but actually going about your normal daily routine like that, riiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiight!
To clarify, that would only be the case in a place that allows concealed and disallows open (the type of place that would have a 30.07). They could say conceal or get out. They also have the freedom to say get out, no alternative.
They also have the freedom to say get out, no alternative.
Unless you’re gay. Then they have to bake you a cake.
Soooo does this apply to carrying in a university that doesn’t allow it as well? Or a public or private school? It seems like in the past, schools were a no go even if there was no sign….
I think universities will be concealed carry only and only where not prohibited by a sign in sensitive areas such as bio-hazard containment labs or administration and faculty offices at UT…etc. Personally, I think any gfz should be posted by sign by law…court houses, public schools…etc.
God bless Texas!
Texas is slowly leaving the ranks of states that “support the 2nd amendment, but…..” and/or have reputations for especially pro gun but are not. As a Floridian 2nd amendment purist, it’s traumatic!
Slowly? Well, we’re a helluva lot faster than Floriduh.
Floriduh, where you can’t OC unless you’re pretending to go fishing. Good grief.
Floriduh, where you can’t shoot a drugged up, thief and attempted murderer in self defense, without the State being mau-maued into appointing a special prosecutor to try to railroad you into prison.
Uh…yeah…I’ll take our pace over yours any day.
nothing I would love more than to have Shannon’s 2nd hubby (the one she stole from his 1st wife after their affair) to get a job in Dallas or Houston. . . . . . she would be hooked on prozac at home like a Stepford wife. . . the signs would be too much for her.
With all due respect to the TSRA–last I heard, the max fine for a Class C is now $500, not $200. Granted, that was a couple of years ago, but I can’t imagine they have LOWERED the fine since then. And if I am not mistaken, the difference is that disregard of a “no guns” sign in a business is actually a separate offense from “trespassing” proper, which is why you have a separate penalty. The actual trespassing statute , as I just looked it up, is pretty muddy on the issue, as it makes it a “defense” to trespassing based on a weapons prohibition if the accused has a CHL and his weapon was a handgun. But, once someone with authority over the property (owner or his agent) gives you actual verbal notice to depart, whatever the reason (including “we don’t want guns here”) and you refuse to depart, that throws it back under the ordinary “trespass” statute. If there is another Texan out there still practicing criminal law, please correct me if I’m wrong.
Strictly speaking, the fine for conviction of a class C misdemeanor in Texas is up to $500, not necessarily exactly $500. Municipalities have some discretion to set the fine lower in some cases. Also, the fine could be set lower by statute for a specific class C misdemeanor.
That latter scenario appears to be the case here. The bill, whose relevant part takes effect 1-1-16, expressly sets this class C misdemeanor at exactly $200. The bill is HB910, for reference.
I’m not a lawyer, so this is not offered as legal advice. Consult your own qualified legal professional. Texas Law Shield is a good start.
Well, concealed means concealed. They won’t know unless you have to use it, in which case 200 bucks is a small price to pay for being alive.
http://www.txchia.org/txcarry.htm
Draconi a lot of places starts white felony charges …………
Truly, this is a invaluable webpage
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