TX: "Gun Free" Wall of Text Required to Disarm Patrons

Gun Watch ^ | 31 December, 2015 | Dean Weingarten

[marktwain]

When Texas passed the shall issue concealed carry law in 1995, part of the deal concerned how people would be notified that a business did not allow concealed carry on the premises.  A compromise was worked out that an entity that chose not to allow concealed carry on its premises was required to post a sign on all entrances, clearly showing people entering, that concealed carry was not allowed.  The sign had to be large and highly visible, in both English and Spanish.  The letters had to be at least one inch tall.   An example of the "30.06" sign is shown below.  30.06 comes from the statute that requires the sign.  It takes up about one half of a door space.

When the legislature restored some open carry rights for people who had concealed carry permits, they decided to use the same requirements for banning open carry from an establishment. Because this requirement is to ban open carry, a separate sign is required. The legislature made this code in sequence to the existing 30.06 code, so the new signs are "30.07" signs. They are nearly identical to the 30.06 signs, but they do not ban concealed carry, only open carry. If an establishment wishes to forgo the business of both concealed carriers and open carriers, they need to put up a literal "Wall of Text", both 30.06 and 30.07 signs. Those signs together take up very close to an entire door.

Here is the relevant section in the Texas code. From legis.state.texas.us:

SECTION 43. Section 30.06(c)(3), Penal Code, is amended to
read as follows:
(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 license holder with  a
concealed handgun), a person licensed under Subchapter H, Chapter
411, Government Code (handgun licensing 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.

SECTION 44. Chapter 30, Penal Code, is amended by adding
Section 30.07 to read as follows:

Sec. 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY
CARRIED HANDGUN. (a) A license holder commits an offense if the
license holder:

(1) openly 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 entry on the property by a
license holder openly carrying a handgun was forbidden.

(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 30.07,
Penal Code (trespass by license holder with an openly carried
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code (handgun licensing law), may not enter this
property with a handgun that is carried openly"; 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 at each entrance to the property.

(d) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed $200, except that the offense is
a Class A misdemeanor if it is shown on the trial of the offense
that, after entering the property, the license holder was
personally given the notice by oral communication described by
Subsection (b) and subsequently failed to depart.

(e) It is an exception to the application of this section
that the property on which the license holder openly carries the
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.

(f) It is not a defense to prosecution under this section
that the handgun was carried in a shoulder or belt holster.

If the signs are not present, then it is not illegal to carry the handgun into the establishment.  It does not mean that the establishment cannot ask an open carrier to leave; they can.  But they have to ask the person to leave face to face.  For that to hold up in court, it would likely have to be on video and audio recording, in the presence of witnesses, or in the presence of a police officer.  I suspect that  many employers and employees will not actually be willing to tell customers to leave because they are openly carrying a holstered handgun. The signs do not apply to long guns, which are directly protected by the Texas Constitution. Some may, but the experience in other states indicate that those establishments will lose business, while those who simply choose to follow the lead of the government, will gain that business. Second Amendment supporters outnumber disarmists by 5-10 to 1 or more, perhaps much, much more. 

In addition, the dedication of an entire door's worth of space to prevent people from exercising their Constitutional rights in your establishment has costs.  It costs to have the signs made and put up; it costs to take down advertising from the space that the signs occupy.  In short, putting up these signs is bad business.

For public spaces, the legislature made clear that most of them may not ban concealed carry or open carry in their premises; and for those, even if they put up a sign, the sign is not valid.  I have already seen that portion of the law take effect.  I write these words from the Benbrook Public Library, just South of Fort Worth.  Last year, the Library had a small no guns sign.  It was not enforceable because it did not meet the 30.06 standards. 

This trip, the sign was gone.  It was a welcome change.  

In a few days, Texans will be legally able to open carry modern, holstered handguns in most public places, just as citizens of 44 other states have the right to.   In Texas' case, it took 146 years to partially restore the right that was stripped from the Texas Constitution by the carpetbagger government in 1869.

There are only 5 states that have not kept or restored open carry rights, at least partially; California, Illinois, Florida, South Carolina, and New York.  Florida and South Carolina are in a race to see which will restore open carry rights first.

Definition of  disarmist

©2015 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch

[marktwain]

Here are the actual rules for establishments to post signs that ban open carry or concealed carry in Texas.

[Pollster1]

Couldn’t they accomplish the same thing with a shorter sign?

“WE HATE TEXANS AND WANT TO GO OUT OF BUSINESS”
“DO NOT ENTER UNLESS YOU ARE A LIBERAL SISSY”

It seems like that would accomplish the same goal.

[Vaquero]

An armed society is a polite society. Manners are good when one may have to back up his acts with his life.
Robert A. Heinlein, Beyond This Horizon

[JJ_Folderol]

>>> Last year, the Library had a small no guns sign. It was not enforceable because it did not meet the 30.06 standards. <<<

Under Texas law, employers may post a small “no guns” sign that applies only to employees and is irrelevant to either 30.06 or 30.07.

Personal opinion: There should be a 30.08 sign advertising a “Gun Free Target Zone” for our whiny liberal friends in Austin.

[Tupelo]

I think this makes sense. Unlike here in AZ where businesses seem to be able to stick their sign damn near anywhere. Front door, back bar, toilet wall etc. I have no problem with a business deciding they do not want me and my firearm, but it pisses me off to sit down order my dinner and then see their sign on a wall, kinda blending in with eh other signs.
In one case a couple of weeks ago, I did not see the sign until the waiter had brought the first course to the table.
Guess who got screwed that time. Not me.

Do you hear me RACEWAY?

[snoringbear]

Haha, I like it :) I have a CHL and do carry some. But, probably won’t do open carry very often. I am in favor of open carry though; primarily because it eliminates the risk of being confronted or even arrested for inadvertent printing or flashing while carrying concealed. A problem here in Texas during hot summer months.

[peyton randolph]

I’ll stick with concealed carry (have Texas CHL) unless for some reason find myself in an urban ghetto.

However, it’s nice to have the new open carry law in place in the event my shirt rides up and inadvertently exposes the concealed handgun to some left-wing whacko in public.

[trebb]

Here in MS, all they need is a sticker with a gun in a red circle with a line through it.

I look and if one isn't readily visible from 10', I enter w/o disarming. Ironic how some have so many stickers that the no gun ones are on a window several feet from the door or down by the ground or other hard to spot.......

[Texas Fossil]

In Texas' case, it took 146 years to partially restore the right that was stripped from the Texas Constitution by the carpetbagger government in 1869.

Correct. And Texas culture and attitudes survived Reconstruction (that R-word was not an accurate descriptive word for what it was). The reason it was not previously reversed is the POLs in Austin & DC feared the citizens of Texas. The citizens of Texas do not fear the citizens of Texas.

[GizzyGirl]

Why is it ok for businesses to post/choose not to serve gun carrying Americans but not ok for businesses to post/choose not to and not to bake cakes for gay weddings?

[deport]

I suspect the following has an impact upon the signage.....

(ii) appears in contrasting colors with
block letters at least one inch in height; and

[Darksheare]

Mass disobedience works.

[Travis McGee]

[teeman8r]

There should be a 7 day waiting period before being able to pst that sign.

[P-Marlowe]

Concealed 30.06

[doldrumsforgop]

have already written HEB, Randalls that I will shop at Krogers and Walmart instead so I do not become a terrorist statistic due to the whims of those stores.

http://www.breitbart.com/big-government/2015/12/31/six-businesses-wont-permit-open-carry-handguns-texas/

[Mean Daddy]

Maybe they should consider a sign that states it’s a gun free zone and people entering are at a risk of losing their life.

[Rock Eye Jack]

Looking forward to Texas Open Carry

Plan on doing the whole deal

Hat, Duster, Boots with spurs, 45 Colt with leather holster and bandoliers

[TADSLOS]

It’s been entertaining watching the academia at UT Austin go apoplectic over all of this.

[Dick Vomer]

My opinion of “open carry” makes me think of specifics and not generalizations.

Do I think open carry in church is “OK”?
Nope.

Concealed carry is fine but in church it just seems that is like wearing tennis shoes or flip flops. You CAN but should you?

How about a doctor’s office?
Once again, nope. Concealed carry is fine but open carry in a place that you have to disrobe and possibly leave your clothes somewhere while you get tests/xrays/ct scans/mri might be a little dicey if one of the staff or other patients get sticky fingers.

But my real problem with open carry isn’t about fashion or theft. For ME, I don’t think I’d carry out in the open because I’d be the first person the bad guys would kill. If I were a bad man, the first threat I’d eliminate would be the guy packing heat. One shot in the head and then it would be on.

I also haven’t trained very well in weapon retention. I know that a lot of FReepers make fun of cops and their training, but try to get a pistol out of their holster.

Finally, it’s like a lot of things. Just because you CAN do something, doesn’t mean you SHOULD do something. I carry on the range, hunting, going around the property when I’m by myself. I also think any person should be allowed to carry concealed that wants to without the bureaucratic hoops and fees.

Just my thoughts.