Texas-Book-Gun Law Armed And Educated - Flipbook - Page 283
What if the 30.06 or 30.07 sign is defective or does not comply
with the law?
Texas law requires under Texas Penal Code Sections 30.06 and 30.07
that a sign must be posted conspicuously and clearly visible to the
public. (Interestingly, the Texas Legislature added a requirement
to 30.07, but not to 30.06, that a sign be placed at each entrance to
the property.) Signs must also be presented with contrasting colors
between the lettering and background, and the letters must be in
block letters at least one inch high. What happens, however, when
an LTC holder encounters a sign which he or she believes does not
comply with these requirements?
EXAMPLE:
Sherry, an LTC holder who always carries her handgun, walks
to a new clothing store and notices a sign on the door that she
believes does not meet the requirements of Texas Penal Code
Section 30.06, in that the letters are white, only ½ inch tall, are
in lower case, and on a piece of clear glass. She enters the store
and chooses a pair of pants to try on. When she is in the changing
room her concealed, holstered handgun falls to the floor, making
a clattering noise that gets the sales representative’s attention.
If the police are called, Sherry can attempt to explain to them why
she was not given proper criminal trespass notice. As discussed in
the preceding section, the purpose of Sections 30.06 and 30.07 is to
provide notice. If an LTC holder encounters a nonconforming sign,
and the person chooses to disregard the sign’s admonition against
carrying a handgun but later finds themselves charged with criminal
trespass, then that person will have some strong legal arguments as
to why the sign they saw failed to give them adequate statutory
notice, meaning they are not guilty of criminal trespass. However,
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