apartment?

This is a discussion on apartment? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hello everyone, I live in TX and I have already taken my CHL class and waiting. My question is at my apartment complex there is ...

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Thread: apartment?

  1. #1
    New Member Array ruquick77's Avatar
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    apartment?

    Hello everyone, I live in TX and I have already taken my CHL class and waiting. My question is at my apartment complex there is a sign at the entrance (on gate) that says "No Concealed Guns". Does that mean I will have to move to another apartment soon?

    Thanks

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  3. #2
    Member Array racuda's Avatar
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    If it were me, I would take the "don't ask, don't tell" stance.

  4. #3
    New Member Array RayRay40's Avatar
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    Maybe it's just pertains to visitors/guests, but if it is also means for people such as yourself who live there then I feel that management is wrong for saying that you don't have the right to protect yourself..........

  5. #4
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    nope, if its not a 30.06 sign meeting all the legal requirements then its not applicable or enforceable on CHL holders
    LEO/CHL
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    "I got a touch of hangover bureaucrat, don't push me"
    --G.W. McClintock

    Independence is declared; it must be maintained. Sam Houston-3/2/1836
    If loose gun laws are good for criminals why do criminals support gun control?

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    Ex Member Array BikerRN's Avatar
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    From what little I know about Texas law, it would have to be a sign that met the legal standard for a posted place. Am I not correct?

    Texas, IIRC, has a signage requirement, and all other signs can be ignored. Somebody from TX, please correct me if I'm wrong. I'm not a lawyer, and this certainly isn't legal advice. I would suggest you ask a lawyer that is familiar with concealed carry laws or criminal law in your jurisdiction.

    Biker

  7. #6
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    Array 64zebra's Avatar
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    you are correct Biker

    ruquick77.........go back and read your CHL handbook and see the requirements for the 30.06 signs

    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 Subchapter H, Chapter 411, Government Code, 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.
    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 Subchapter H, Chapter 411, Government Code (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.
    (E) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
    LEO/CHL
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    "I got a touch of hangover bureaucrat, don't push me"
    --G.W. McClintock

    Independence is declared; it must be maintained. Sam Houston-3/2/1836
    If loose gun laws are good for criminals why do criminals support gun control?

  8. #7
    Distinguished Member Array BlueNinjaGo's Avatar
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    I would say your lease would be the only thing you'd have to read... but I don't know if an apartment complex can even ban weapons legally.

  9. #8
    Distinguished Member Array C9H13NO3's Avatar
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    You'll be fine. I see all kinds of establishments in my area that says "Guns are banned on these premises", the gun in a circle with a slash through it, etc. None of it is any good unless it's a legal 30.06 sign. Also, even if the complex has a legal 30.06 sign, I would interpret it to mean in the complex office, not in your residence. Nothin' to break your lease over.
    -Ryan

    All that is necessary for the triumph of evil is that good men do nothing.

  10. #9
    VIP Member Array rodc13's Avatar
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    Quote Originally Posted by ruquick77 View Post
    Hello everyone, I live in TX and I have already taken my CHL class and waiting. My question is at my apartment complex there is a sign at the entrance (on gate) that says "No Concealed Guns". Does that mean I will have to move to another apartment soon?
    I'm surprised they didn't cover valid and invalid signs to an adequate degree in your Texas CHL class. If you still have that much uncertainty about it, the instructor didn't do a very good job, or else you missed that section, because the requirements are quite clear.
    Cheers,
    Rod
    "We're paratroopers. We're supposed to be surrounded!" Dick Winters

  11. #10
    VIP Member Array 9MMare's Avatar
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    Unless you know specifically that the legal 30.06 sign did indeed not apply to your residence, you are in danger of breaking the law...and losing your CHL.

    And I know people here arent advocating breaking the law.
    Fortune favors the bold.

    Freedom doesn't mean safe, it means free.

    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

  12. #11
    Member Array LethalStang's Avatar
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    Has the sign always been there or was it just put up ???
    Quote Originally Posted by rottkeeper View Post
    If you are living your life worried about being a victim all the time and not enjoying life to the fullest, you are already a victim...
    -You don't know what you don't see-

    1*

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  13. #12
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    Quote Originally Posted by 9MMare View Post
    Unless you know specifically that the legal 30.06 sign did indeed not apply to your residence, you are in danger of breaking the law...and losing your CHL.

    And I know people here arent advocating breaking the law.
    If the sign reads as stated, then it is not a legal 30.06 sign and has no legal status, so no laws broken.

    I would check the lease very carefully. If it has the correct verbiage for the 30.06 sign then you would in fact be in violation of the law. Either way, if that is how the owners feel, it might be time to look for a new apartment.

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