Texas 30.06 vs an image of pistol with red X over it.....thoughts?

Texas 30.06 vs an image of pistol with red X over it.....thoughts?

This is a discussion on Texas 30.06 vs an image of pistol with red X over it.....thoughts? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; First off, I've been carrying for some time and stay abreast of new laws and changes. I decided to retake a CCW class, even though ...

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Thread: Texas 30.06 vs an image of pistol with red X over it.....thoughts?

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    New Member Array mikeb95's Avatar
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    Texas 30.06 vs an image of pistol with red X over it.....thoughts?

    First off, I've been carrying for some time and stay abreast of new laws and changes. I decided to retake a CCW class, even though I didn't have to for renewal but figured it would be a nice refresher course (plus I had a Groupon for it!). The instructor was talking about the 30.06 sign and that if you see it, turn around and yada yada yada. But then he added that if you come to a place that has a pistol image with a red circle around it and a slash over the pistol that you should do the same thing to turn around and store it in your vehicle (if you really need to go in). He stated that there was no test case of arrest and prosecution but that the hassle of arrest, court, attorneys, that he would store in car. I questioned him about what they could charge you with....perhaps trespassing? He just reiterated that there was no case law in Texas as of yet. I personally think that if there is no 30.06 signage in correct format and they don't ask you to leave and you have it concealed....what laws would you be breaking?

    He was a former peace officer, NRA instructor training, so I think he was qualified.

    Thoughts?

    Thanks in advance.

    Mike

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    Member Array AndyH's Avatar
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    Pretty sure there is no test case because, unless something has changed since I last checked, it is not illegal to carry right past such a sign. Only 30.06 (and soon 30.07 for OC I believe) carry the weight of the law. Was he perhaps a peace officer in another state?


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    Senior Member Array Texas Red's Avatar
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    The 30.06 carries the weight of law. Anything else does not. If you're spotted carrying in a location with the generic sign and asked to leave, you need to do so immediately or else face trespassing charges.
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    In Ohio, any and all no-gun signage has force of law. Beyond that, I have no advice to render.
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    New Member Array mikeb95's Avatar
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    Thanks for the replies. He was a peace officer in Baytown, TX.

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    This is sure to stir up a hornets nest, and I'm sure we will hear from the "property owner rights" brigade soon enough, but some will argue that although the gun buster sign has no force of law a property owner posting one is making his feelings known and you should respect his rights because those trump your own. This is the same group who supports the 30.06 statutes and associated signs, and will support 30.07 as of 1/1.

    My take is that if its in a business open to the public, ignore anything that isn't what TX law spells out very clearly. If asked to leave, then leave.
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    Any sign other than 30.06 carries no impact to a CHL holder, other than red 51% signs.
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    Sounds to me like this former cop is passing along bad information.
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    Quote Originally Posted by chamberc View Post
    Any sign other than 30.06 carries no impact to a CHL holder, other than red 51% signs.
    This. You'll most often find the generic "No guns" signs were put there to placate the Mad Mommies or the insurance company. Anyone who is actually serious about no firearms on their property will post the 30.06 signs.

    His entire "no case law" presentation is crap. Because there is no law to test. It's not a legal sign and carries no weight. If, however, you are asked to leave and you don't, then you are breaking the law.
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    FL law does not even mention "No gun" signs, but does have specific requirements for posting property for trespassing.

    As for specific signage requirements, all it takes is for one judge to decide that although a .30-06 sign has letters 1/4 inch less than the statute states, it meets the intent of the statute if not e specifics and therefore you are in violation. That would be established in case law,, but someone else would have to research that as I don't live in TX and have no dog in that fight.

    As for what an LEO states as "law," I have not found that to be reliable. The number of laws In any jurisdiction is far too numerous for anyone to be thoroughly knowledgable.
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    Impossible to give a blanket answer to this question, as laws vary widely from one jurisdiction to another. Consult your local DA's Office or State's Attorney for the accurate answer for where you reside.
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    Quote Originally Posted by OldVet View Post
    As for specific signage requirements, all it takes is for one judge to decide that although a .30-06 sign has letters 1/4 inch less than the statute states, it meets the intent of the statute if not e specifics and therefore you are in violation. That would be established in case law,, but someone else would have to research that as I don't live in TX and have no dog in that fight.
    Nope. Those cases have been tossed. The statue is VERY specific on sign requirements. If the sign does not meet those requirements, it carries no force of law.
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    Then said he unto them, "But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one." - Luke 22:36

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    VIP Member Array Kennydale's Avatar
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    Quote Originally Posted by mikeb95 View Post
    Thanks for the replies. He was a peace officer in Baytown, TX.
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    Quote Originally Posted by mikeb95 View Post
    Thanks for the replies. He was a peace officer in Baytown, TX.
    I know someone on that force. Although I haven't lived in the Houston area since 2006 (used to live in Seabrook).

    Just reinforces the fact to read the laws yourself and not rely on local police for regulatory interpretations.
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    Then said he unto them, "But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one." - Luke 22:36

    And God came down and gave unto John Moses Browning the divine knowledge of the perfect handgun. Amen.

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    Distinguished Member Array Fizban's Avatar
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    On a personal level and not speaking to any legal aspects of signage; I dont quibble over semantics. I think its pretty darn easy to understand what the intent of a big red X is - when placed over a gun and if I see it on a storefront, I will abide by the request. I do not have to be forced by statute to respect the rights of other people. On a purely moral level, I only require that someone make me reasonable aware of the prohibition.
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