Texas Law Shield
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November 19, 2014
Texas Law Shield
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Why Do You Own Or Carry A Gun?

Members,

We want to thank each and every one of you who took the time to answer our question in the last newsletter regarding your beliefs on the Second Amendment and why you carry a firearm. We received some excellent responses, several we�d like to showcase for everyone to see.

Jim T. wrote: �I carry because it's my God given right and personal responsibility to protect my family should the need ever arise.�

Sunny C. wrote: �I carry first of all for my protection and the protection of those around me. I was mugged in downtown Austin in 1995 and it's not fun. Had I been carrying then things may have turned out differently.�

Thomas N. used the always popular argument: �Because a cop is too heavy to carry around.�

And while some members focused on personal protection or defense of their families, others like Laura O. told us: �It is my constitutional right and if we do not use the rights we have they can be more easily taken from us.�

NEW Member Sound-Off


Now it�s time for this weeks �Member Sound-Off.� We�re sure by this point you have heard about Governor Elect Greg Abbott and his plan to sign into law, an open carry bill, if the legislature passes one.

We want to hear your feedback, tell us: Do you support Greg Abbott�s decision? Do you support open carry in Texas?

The more responses and feedback we receive, the better we will be able to serve you, our member base, in the coming months and years. This will help us correctly distribute resources to effectively fight for our liberty. We look forward to your responses.

Sincerely,
Dave Donchecz
Vice President of Member Services

To answer Dave�s question, simply click here or the photo and respond in the comment section. Remember, you may need to be signed into your Facebook account to type a response. If you aren�t following Texas Law Shield on Facebook, now is a perfect time to do so. Simply click the �Like� button at the top of the Texas Law Shield page for daily content regarding gun news and law changes across the country. We appreciate that some members don�t feel comfortable posting publically regarding firearms; please feel free to still share what you think about open carry in Texas by sending an email to Dave Donchecz at dave@texaslawshield.com.

30.06 Signs - What a CHL Holder Ought to Know

Business and private property owners in Texas who wish to prohibit concealed handgun holders from carrying concealed handguns often post signs meant to notify patrons that all firearms, including concealed handguns, are prohibited on the premises. These signs come in many different forms, and include, for example, �Gun buster� signs � signs with handguns circled and lined through in red, as well as other signs with various warnings written out. However, business and property owners looking to prevent CHL holders from carrying concealed handguns on their property are limited to one type of �No Gun� sign � the �30.06 sign" � and contrary to what many property owners may think, these signs have very specific requirements that must be met in order for the sign to be legally effective.

Appropriately, Texas Penal Code Section 30.06 lays out the requirements for �30.06 signs.� The statute provides that a CHL holder carrying a concealed handgun on another person�s property pursuant to his or her concealed handgun license, commits the crime of criminal trespass when they: 1) have not received effective consent to carry the concealed handgun on the property, and 2) have received notice from the property owner that either entry on the property with a concealed handgun was not allowed; or that after having entered the premises, remaining on the property with a concealed handgun is forbidden; and the CHL holder fails to leave the property.

Effective Consent

The first of these elements � that a CHL holder has not received effective consent � refers to a CHL holder who is on another�s property without the permission of either the property owner or someone who is legally authorized to act for the owner. Essentially, this means that the owner, or someone with his authority, has not explicitly given an individual CHL holder the right to carry their concealed handgun on the property, and it is not reasonable for the CHL holder to assume they may carry a concealed handgun on the property. If there is no notice given that carrying is prohibited, and you are otherwise lawfully permitted on that property, your carrying a gun is legal. If a �30.06 sign" is posted, but a property owner verbally consents to a person carrying, effective consent is established.

What is notice?

The second element � that a CHL holder receive notice either that (1) CHL holders with concealed handguns are forbidden from entering the property, or (2) that they may not continue to stay on the property after entering it while in possession of a concealed handgun � is the element that more frequently causes concern and leads to questions from many CHL holders.

Section (b) of TPC 30.06 states that a person is considered to have received notice if the owner of the property, or someone with apparent authority to act for the owner, provides notice by oral or written communication that the carrying of a concealed handgun is prohibited. For instance, notice is given when a business or property owner verbally informs a CHL holder that concealed handguns are not allowed on the property. More commonly, a business or property owner will provide one of two forms of written communication � a card or other written document given to the individual, or a posted sign displayed to the public.

A card or other written document given to a CHL holder must contain the following text in English, word-for-word:

�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�

If a property owner chooses to give written notice to everyone entering the property without having to notify each person individually, they can choose to post a sign. A �30.06 sign� must contain the following: 1) the proper statutory language (written above) in both English and Spanish; 2) words posted in block letters; 3) that are one-inch in height; 4) appearing in contrasting colors; and 5) the sign must be displayed in a conspicuous manner clearly visible to the public.

Questions of Interpretation

Despite having a number of specific requirements, the language of the statute, while appearing to be clear, may unfortunately raise a lot of questions about what a proper �30.06 sign� should look like. The potential for different interpretations of the statute has led to many �30.06 signs� being posted in businesses around the state that may not actually comply with the specific legal requirements of the statute, and thus are technically ineffective at providing notice.

For example, a sign posted in a restaurant may have the correct language in both English and Spanish, but it may have block letters that are only half an inch tall, falling short of the 1� height requirement; or, the sign may have the correct wording in block letters 1� high, but the letters are orange, and the background is in yellow, thus raising the question of whether the text sufficiently �contrasts� with the background. Further, suppose that a 30.06 warning in both English and Spanish is posted in white letters affixed to the clear glass window of a convenience store. Does this warning constitute a proper �sign,� and if so, are the white letters considered to be contrasting with the clear window?

A 30.06 sign is required to be displayed in a �conspicuous manner clearly visible to the public.� How exactly is this to be accomplished? The statute does not specify exactly where a 30.06 sign should be posted on property. Should a sign be posted at every entrance of a business, so that any CHL holder coming into the building is immediately made aware that they may not legally carry a concealed handgun on the property? Does a sign posted behind the counter of a hostess� station at a restaurant meet the definition of �conspicuous and clearly visible?�

Unfortunately, in the seventeen years that the statute has been in effect, there have been no Texas Court of Criminal Appeals or appellate court cases that provide any interpretation of the specifics of the statute. This leaves CHL holders at risk of being arrested for criminal trespass, even when a sign may not comply with the law! A CHL holder who is arrested and charged with criminal trespass by a CHL holder faces a Class A misdemeanor, which carries with it a potential sentence of one year in jail, and/or a fine of up to $4,000.

A CHL holder may be able to raise the defense at trial that the sign was noncompliant, and thus they did not receive proper notice as required by the statute. To do this, they need to be able to articulate specific facts that support their notion that they did not receive adequate notice. Ultimately, however, it is going to be up to a judge or jury to decide whether or not the CHL holder did in fact receive notice from a sign. A jury may determine that even if the sign did not meet the exact legal specifications in the statute, it was �close enough� to provide notice that CHL holders could not carry their concealed handguns on the property.

Conclusion

The lesson to be learned from all this is that even if a noncompliant �30.06 sign� is posted at a business or on private property, a CHL holder choosing to carry their concealed handgun on the premises may still run the risk of being arrested and charged with criminal trespass, and then processed into the criminal justice system. Also, it is important to remember that even if a sign is not 30.06 compliant, that at any time a CHL holder can be given verbal notice in words as simple as �concealed handguns are not allowed here,� thus making the concealed handgun carrying CHL holder a trespasser if he fails to leave.

Practically speaking, as a CHL holder, it is wise to keep one�s eyes and ears open for any 30.06 notice that might be given on private property; and when a �30.06 sign� is seen, it may be best to refrain from carrying a concealed handgun on the premises, even if the sign does not appear to comply with the exact letter of the law.

Attend A Seminar - Know Your Firearms Rights

Dear Members,

At Texas Law Shield a cornerstone of our program is firearms legal education. We want all of our members and gun owners everywhere to get educated and know their firearms rights.

We would like to invite you and your friends to join us at an upcoming firearms law seminar or workshop! Come hear Texas Law Shield independent program attorneys and firearms experts separate legal fact from fiction and discuss legal topics every gun owner should know. Make sure you understand your firearms rights and how to uphold them. Find a seminar in your area and sign up today!

HOUSTON
Wednesday, November 19, 2014
Athena Gun Club
Time: 6 p.m. to 8 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


LA PORTE
Thursday, November 20, 2014
Jennie Riley Community Center
Time: 6:30 p.m. to 10 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


BURLESON
Thursday, November 20, 2014
Off Duty Armory
Time: 6 p.m. to 8 p.m.
Cost: $10
Sign up here!


SAN ANTONIO
Thursday, November 20, 2014
On Your 6 Designs
Time: 6:30 p.m. to 8:30 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


FORT WORTH
Saturday, November 22, 2014
Fort Worth Firearms Training
Time: 1:30 p.m. to 3:30 p.m.
Cost: $10
Sign up here!


HIGHLAND VILLAGE
Monday, December 1, 2014
DFW Shooters Academy
Time: 6 p.m. to 8 p.m.
Cost: $5
Sign up here!


CONVERSE
Tuesday, December 2, 2014
Lonestar Handgun
Time: 6:30 p.m. to 8:30 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


KATY
Tuesday, December 2, 2014
Cane Island Outfitters
Time: 6:30 p.m. to 8:30 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


DALLAS
Tuesday, December 2, 2014
Elite Handgun Academy
Time: 7 p.m. to 9 p.m.
Cost: $10
Sign up here!


HUMBLE
Wednesday, December 3, 2014
sponsored by Texas State Rifle Association
Time: 6 p.m. to 9 p.m.
Cost: $5 Members, $10 Non-Members, $5 TSRA Members
Sign up here!


KEMPNER
Thursday, December 4, 2014
Texas Star Shooting Range
Time: 6 p.m. to 8 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


WEATHERFORD
Thursday, December 4, 2014
Lone Star Guns, Gallery, and Gear
Time: 6 p.m. to 8 p.m.
Cost:$10
Sign up here!


DALLAS
Tuesday, December 9, 2014
Texas Handgun Academy
Time: 6 p.m. to 8 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


SAN ANGELO
Tuesday, December 9, 2014
Crime Free Gun Zone
Time: 6:30 p.m. to 8:30 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


CONVERSE
Tuesday, December 9, 2014
Lonestar Handgun
Time: 6:30 p.m. to 8:30 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


ROSENBERG
Tuesday, December 9, 2014
G2G Family Shooting & Archery
Time: 6:30 p.m. to 8:30 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


NORTH RICHLAND HILLS
Wednesday, December 10, 2014
Texas Gun Pros
Time: 6 p.m. to 8 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


SAN ANTONIO
Thursday, December 11, 2014
On Your 6 Designs
Time: 6:30 p.m. to 8 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


MCALLEN
Thursday, December 11, 2014
sponsored by Texas State Rifle Association
Time: 6:30 p.m. to 10 p.m.
Cost: $5 Members, $10 Non-Members, $5 TSRA Members
Sign up here!


CROSBY
Thursday, December 11, 2014
High Noon Gun Range
Time: 6:30 p.m. to 8:30 p.m.
Cost: FREE to attend
Sign up here!


DALLAS
Thursday, December 11, 2014
Elite Handgun Academy at Providence Towers
Time: 7 p.m. to 9 p.m.
Cost: $10
Sign up here!


SAN ANTONIO
Saturday, December 13, 2014
National Protective Services Institute
Time: 9 a.m. to 10:30 a.m.
Cost: $10
Sign up here!


LEWISVILLE
Saturday, December 13, 2014
Defensive Mindset
Time: 2 p.m. to 4 p.m.
Cost: $5 Members, $10 Non-Members
Sign up here!


To view a complete list of seminars and workshops in your area, please go to www.GunLawSeminar.com. We hope to see you at one of our next events!

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Texas Law Shield, LLP
1020 Bay Area Blvd., Suite 220
Houston, TX 77058
Telephone: 877-448-6839
Website: www.texaslawshield.com
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