CCW in Texas - Not all entrances properly posted

[whatever]

There is a mall near me who has 30.06 posted at several of its entrances. However, not all entrances to the mall are posted with the 30.06 sign. I don't like going there at all, but their Bass Pro Shops is pretty nice (and it is NOT posted). There are other stores there at which my wife enjoys shopping.

If I enter in the mall via BPS (or one of the several other non-main entrances), I do not pass any 30.06 signs at all. Is it legal for me to carry?

For purposes of this discussion, let's leave the "take your business elsewhere" comments at the door.

 

[Art Eatman]

Heh. Good odds that nobody really knows any definitive answer.

One thing about the deal: If you enter from BPS, you have the defense that you did not pass nor see any 30.06 sign.

 

[Johnny_Come_Lately]

Heh. Good odds that nobody really knows any definitive answer.

Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Article 4413(29ee), Revised Statutes, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.
(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.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Article 4413(29ee), Revised Statutes (concealed handgun law), may not enter this property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.

One thing about the deal: If you enter from BPS, you have the defense that you did not pass nor see any 30.06 sign.

Considering its a misdemeanor, my guess it's not worth the effort to prosecute. On the other hand, most malls have surveilence video. If they really want to prosecute you, then they will more than likely review the video. If you walk up to a door with a sign on it, then walk around picking doors that don't have a sign on it so you can enter, I don't think the no proper notice thingy is going to wash.

 

[Art Eatman]

But he's not walking around seeking a non-signed door.

If he's carrying concealed and is "made", he has the defense of having entered through an non-signed door.

Let's not add boogers to his post. Don't add a bunch of woulda/coulda/shoulda where it's not germane.

 

[smince]

A mall near me has the main entrances posted, but the individual doors (Sears/Belks/etc) aren't.

I always make it a point to enter through one of the feeder stores instead of the main entrance.

 

[dogtown tom]

whatever: There is a mall near me who has 30.06 posted at several of its entrances. However, not all entrances to the mall are posted with the 30.06 sign. I don't like going there at all, but their Bass Pro Shops is pretty nice (and it is NOT posted). There are other stores there at which my wife enjoys shopping.

If I enter in the mall via BPS (or one of the several other non-main entrances), I do not pass any 30.06 signs at all. Is it legal for me to carry?

For purposes of this discussion, let's leave the "take your business elsewhere" comments at the door.

Grapevine Mills?

If you see one sign (assuming it is a compliant 30.06 notice) you have been given "notice". That doesn't allow you to then check every entrance until you find one without a sign. If your original entry was through an unmarked door then you were not given notice.

But...........

Check the wording on those signs, they may reference outdated Texas law.
If so, the signs are not compliant according to http://www.texas3006.com/index.php

 

[whatever]

Not grapevie mills, but katy mills (same company).

To be safe, I don't carry when I go there unless I'm strictly going to BPS.

 

[Deltaboy1984]

95% of the so called signs I have seen in the DFW area are not legal according to the state standards as posted on the Website. If I have any concern I just snap a pic of the not binding sign with my cell phone.

 

[RETG]

I have seen a mall, but can't remember where exactly, where it was posted at all entrances, but not INTO the Bass Pro Shop store entrance. However, it was posted from the Bass Pro Shop into the mall area. (I believe Bass had a gun range, but not sure of that either.)

It might have been in MI or TN, but as I said, cannot remember. Been in many states over the years, been in a heck of a lot of Bass Pro shops too.

 

[hirundo82]

If you know that the main part of the mall is posted 30.06, I'd contend you have received effective notice even if you enter through the Bass Pro entrance. Bass Pro obviously doesn't want their entrance posted, but if you were to go into the main part of the mall from there, knowing it is posted, I would say you are violating the spirit of the law.

 

[BaltimoreBoy]

This must have something to do with "The Mills Properties".

There is a St. Louis Mills mall that has the same situation: Cabela's is not only not posted but explicitly allows ccw carriers. Meanwhile the ordinary mall entrances are posted.

So this must be some specific regulation of the property management of these malls.

A group called "Simon" controls these properties according to Wikipedia.

Perhaps this company should be contacted about their policies if they are going to be operating properties on ccw friendly states.

 

[RETG]

30.06 signs pertain to TX, not MI or TN. In addition, I read those types of signs and legally ignore them. I was just making a statement, it was not my intention of ignoring the law as it pertains to non-FLEO.

 

[Art Eatman]

Like I guesstimated, no definitive answer wrt Texas law.