wordy but informative.
what I said:
Mr. Frank A. DeAngelo
Greetings:
Pursuant to discovery that Applebees of Texas is a business environment hostile to Texas residents of upstanding moral character who are legally licensed by the State of Texas to carry concealed handguns in a lawful and responsible manner and
Whereas Applebees Restaurants, in creating an environment hostile to legally licensed Texas Concealed Handgun Licenses do not wish to have said persons legally carry on their premises without posting the required notices vis-a-vis:
http://www.txdps.state.tx.us/administration/crime_records/chl/signposting.htm
Neither myself as a responsible Texas Concealed Handgun License holder nor my family members shall do business with Applebees of Texas from this day forward as long as this contradictory policy is in place.
Sir, you have lost my good will as a patron.
Regards,
Sylvilagus Aquaticus
Dallas, Texas.
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PROHIBITING HANDGUNS IN A BUSINESS OR OTHER ENTITY
In order to provide notice that entry on property by a license holder with a concealed handgun is forbidden, Penal Code Section 30.06(c)(3)(A) requires that a written communication contain the following language:
"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A 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."
"CONFORME A LA SECCIÓN 30.06 DEL CÔDIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO."
Penal Code Section 30.06(c)(3)(B) further states that a sign must meet the following requirements:
includes the language described by Paragraph (A) in both English and Spanish;
appears in contrasting colors with block letters at least one inch in height; and
is displayed in a conspicuous manner clearly visible to the public.
Please note that while the language provided above may be downloaded for convenience, it does not meet the requirements of Section 30.06(c)(3)(B) and may not be used as a sign.
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You can contact the Concealed Handgun Licensing Section at :
Concealed Handgun Licensing Section
Texas Department of Public Safety
P O Box 4143
Austin, Texas 78765-4143
Phone: (512) 424-7293 or (512) 424-7294
Helpline: (800) 224-5744
references and citations:
http://www.capitol.state.tx.us/statutes/go/go0041100.html#go167.411.171
§ 411.204. Notice Required on Certain Premises
(a) A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c).
(b) A hospital licensed under Chapter 241, Health and Safety Code, or a nursing home licensed under Chapter 242, Health and Safety Code, shall prominently display at each entrance to the hospital or nursing home, as appropriate, a sign that complies with the requirements of Subsection (c) other than the requirement that the sign include on its face the number "51".
(c) The sign required under Subsections (a) and (b) must give notice in both English and Spanish that it is unlawful for a person licensed under this subchapter to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height. The sign shall be displayed in a conspicuous manner clearly visible to the public.
(d) A business that has a permit or license issued under the Alcoholic Beverage Code and that is not required to display a sign under this section may be required to display a sign under Section 11.041 or 61.11, Alcoholic Beverage Code.
(e) This section does not apply to a business that has a food and beverage certificate issued under the Alcoholic Beverage Code.
Added by Acts 1997, 75th Leg., ch. 165, § 10.01(a), eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 9.16(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 523, § 1, eff. June 18, 1999.
and
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http://info.sos.state.tx.us/pub/plsql/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=6&rl=5
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 6 LICENSE TO CARRY HANDGUNS
SUBCHAPTER A GENERAL PROVISIONS
RULE §6.5 Notice Optional on Other Premises
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(a) Notice. A public or private employer may prohibit persons who are licensed to carry from carrying a concealed handgun on the premises of the business.
(b) Text. A sign prohibiting license holders from carrying a concealed handgun must comply with the requirements of Texas Penal Code, 30.06 ("Trespass by Holder of License to Carry Concealed Handgun").
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Source Note: The provisions of this §6.5 adopted to be effective January 8, 1996, 20 TexReg 11128; amended to be effective August 19, 1999, 24 TexReg 6307
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and:
http://info.sos.state.tx.us/pub/plsql/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=6&rl=44
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 6 LICENSE TO CARRY HANDGUNS
SUBCHAPTER D TIME, PLACE, AND MANNER RESTRICTIONS ON LICENSE HOLDERS
RULE §6.44 Places Prohibited: Felony Violations
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A license holder may not carry a handgun on or about the license holder's person under authority of the Act in the following places:
(1) On the premises of a business that has a permit or license issued under Alcoholic Beverage Code, Chapters 25, 28, 32, 69, or 74, if the business derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption. Posting is required by the Act, but an establishment's failure to post is not a statutory defense to the license holder. Violation is a third degree felony under Texas Penal Code, §46.035.
(2) On the premises of a correctional facility. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.035.
(3) On the physical premises of a school, an educational institution, or a passenger transportation vehicle of a school or an educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.
(4) On the premises of a polling place on the day of an election or while early voting is in progress. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.
(5) In any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.
(6) On the premises of a racetrack. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.
(7) Into a secured area of an airport. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.
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Source Note: The provisions of this §6.44 adopted to be effective January 8, 1996, 20 TexReg 11128; amended to be effective August 19, 1999, 24 TexReg 6308
and:
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