Texas 30.06 question

[oneshooter]

To All,
What if the sign is legal, but is placed so that you can not see it untill after you have entered the door. Are you now in violation? Does the law require the sign to be visable from outside the building?
Thanks in advance.

Oneshooter
Livin in Texas

 

[Grayrock]

Thanks, Art. I like simple. That was the way I had it in my mind. I wanted independent confirmation and the simple reality is that I was right.

 

[Grayrock]

OK- taking my beloved to the hospital today (non-emergency) and leave my weapon behind because it is a hospital and all. I get to the door expecting to see a 30.06 sign and see none. Upon exiting I spy a small sign that says "State law prohibits the carrying of a concealed handgun onto these premises" (or something similar to that). But it is NOT a 30.06 sign. Can post a pic of the sign if someone wants to see it. I interpret that as a non binding request and on my next visit shall resume being armed. Anyone else see similar signs?

 

[ClickClickD'oh]

Which hosptial?

If it was a county hospital, that sign is illegal to post. Either way, it's not a valid 30.06 notice. No differant that the silly gun in a circle signs. No legal weight. Hospitals used to be on the list of prohibited places. The sign may be an old holdover.

 

[Owens]

Aren't hospitals still specifically listed as prohibited places? Meaning no sign needed?

 

[TexasRifleman]

ren't hospitals still specifically listed as prohibited places?

No, hospitals were removed years ago. They are still listed in the wording of the original statute, but language was added at the end saying the exclusion didn't apply if there was no sign. Same thing for churches.

Section 46.035 says:

(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;

But then says:

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
if the actor was not given effective notice under Section 30.06.

4 5 and 6 don't apply, meaning:

4 - hospitals
5 - amusement parks
6 - churches

 

[Owens]

OK. Read that back on page 3. Somehow (like my students) read it but didn't read it. Thanks. 'Nuff said.

 

[Double Naught Spy]

What if the sign is legal, but is placed so that you can not see it untill after you have entered the door. Are you now in violation? Does the law require the sign to be visable from outside the building?

You are in violation if you are carrying and don't remove your gun from the premises. The law does NOT require the sign be visible outside, only that it be posted conspiquously....

(iii) is displayed in a conspicuous manner
clearly visible to the public.

Upon seeing the sign, you are then considered informed of the owner/manager's position on the matter just like it had been done in person. The owner/manager does not have to verbally inform you outside of his property that he doesn't allow concealed carry inside his property. He can tell you after you are already there.

If there is a sign posted that isn't proper, but you are informed by owner/mgmt/or representative that carry is not permitted, then you are duly informed as well. The sign is simply a substitute for direct verbal communication. Either form is considered appropriate. In other words, they don't have to have a sign to disallow concealed carry. They simply need to inform you verbally. Businesses put up the signs so as to not have to get into verbal confrontations and by placing the proper signs correctly, they have covered all of their legal bases.