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#6409429 - 08/15/16 04:47 PM Concealed Carry Rule for 30.06 sign
ChadTRG42 Offline
THF Trophy Hunter

Registered: 09/16/09
Posts: 9424
Loc: Lewisville, TX
If you carry in a location with a 30.06 posted, what is the penalty now? This topic came up recently, and we all had different opinions on what the penalty is. Thanks!
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#6409439 - 08/15/16 04:57 PM Re: Concealed Carry Rule for 30.06 sign [Re: ChadTRG42]
SapperTitan Online   content
THF Celebrity

Registered: 11/17/10
Posts: 17067
Loc: Killeen/Ft Hood, TX
I thought they had to ask you to leave and then if you refuse its trespassing ?
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#6409478 - 08/15/16 05:19 PM Re: Concealed Carry Rule for 30.06 sign [Re: ChadTRG42]
ChadTRG42 Offline
THF Trophy Hunter

Registered: 09/16/09
Posts: 9424
Loc: Lewisville, TX
That's what one of the guys said. I'd like to get a link or a some specific rule stating this so I can read about it.
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#6409484 - 08/15/16 05:23 PM Re: Concealed Carry Rule for 30.06 sign [Re: ChadTRG42]
rexmitchell Offline
Pro Tracker

Registered: 02/11/13
Posts: 1706
It is a class C now if you carry when signs are posted. It turns into a class A if you are given verbal/sign notification and you refuse to leave after being asked to. Used to be a class A right off the bat.


http://codes.findlaw.com/tx/penal-code/penal-sect-30-06.html

Quote:
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. - See more at: http://codes.findlaw.com/tx/penal-code/penal-sect-30-06.html#sthash.0bmleMlQ.dpuf


Edited by rexmitchell (08/15/16 05:26 PM)
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#6409491 - 08/15/16 05:25 PM Re: Concealed Carry Rule for 30.06 sign [Re: ChadTRG42]
ChadTRG42 Offline
THF Trophy Hunter

Registered: 09/16/09
Posts: 9424
Loc: Lewisville, TX
Ok, that's what I thought. So, a Class C is like a simple traffic ticket, correct? If I want to carry concealed in a 30.06 area, the worst is a simple ticket?
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#6409496 - 08/15/16 05:27 PM Re: Concealed Carry Rule for 30.06 sign [Re: ChadTRG42]
rexmitchell Offline
Pro Tracker

Registered: 02/11/13
Posts: 1706
Originally Posted By: ChadTRG42
Ok, that's what I thought. So, a Class C is like a simple traffic ticket, correct? If I want to carry concealed in a 30.06 area, the worst is a simple ticket?


Yes, unless you refuse to leave when given notice. If you conceal well it should never be an issue.


Edited by rexmitchell (08/15/16 05:27 PM)
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#6409500 - 08/15/16 05:28 PM Re: Concealed Carry Rule for 30.06 sign [Re: ChadTRG42]
Dalee7892 Offline
Tracker

Registered: 05/04/15
Posts: 985
Loc: Denton County
Get to many class C and you could lose the right. Don't forget about 30 07 same deal.

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#6409598 - 08/15/16 06:14 PM Re: Concealed Carry Rule for 30.06 sign [Re: ChadTRG42]
Tff caribou Online   content
Veteran Tracker

Registered: 08/27/12
Posts: 2996
Loc: Watauga, TX
Lots of movie theaters have 30.06 signs. I wonder what it's like to watch a movie when I'm not carrying. And that's all I'll say on the matter.
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#6409740 - 08/15/16 06:59 PM Re: Concealed Carry Rule for 30.06 sign [Re: Tff caribou]
FiremanJG Offline
THF Celebrity

Registered: 12/16/08
Posts: 17893
Loc: Wolfe City, TX
Originally Posted By: Tff caribou
Lots of movie theaters have 30.06 signs. I wonder what it's like to watch a movie when I'm not carrying. And that's all I'll say on the matter.


+1
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#6410034 - 08/15/16 09:16 PM Re: Concealed Carry Rule for 30.06 sign [Re: ChadTRG42]
beech96w Online   content
Tracker

Registered: 12/12/06
Posts: 713
Loc: Fort Worth
1) if it's concealed, nobody knows, nothing happens
2) if someone discovers it and they ask you to leave, you should be apologetic, leave, and avoid any facetime with a LEO.

It is the property owner's right to post. Civil and polite people respect others rights.
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#6410321 - 08/16/16 05:03 AM Re: Concealed Carry Rule for 30.06 sign [Re: Dalee7892]
Marc in Bastrop Offline
Tracker

Registered: 11/02/10
Posts: 712
Loc: Bastrop County
Originally Posted By: Dalee7892
Get to many class C and you could lose the right. Don't forget about 30 07 same deal.


How many is too many and where is that written? I missed it it somehow, but that would be good information to know.

Thanks
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#6410535 - 08/16/16 08:46 AM Re: Concealed Carry Rule for 30.06 sign [Re: FiremanJG]
THEBBC Offline
Tracker

Registered: 02/02/11
Posts: 960
Loc: Fort Worth, TX
Originally Posted By: FiremanJG
Originally Posted By: Tff caribou
Lots of movie theaters have 30.06 signs. I wonder what it's like to watch a movie when I'm not carrying. And that's all I'll say on the matter.


+1
+2
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#6411359 - 08/16/16 05:36 PM Re: Concealed Carry Rule for 30.06 sign [Re: Marc in Bastrop]
rexmitchell Offline
Pro Tracker

Registered: 02/11/13
Posts: 1706
Originally Posted By: Marc in Bastrop
Originally Posted By: Dalee7892
Get to many class C and you could lose the right. Don't forget about 30 07 same deal.


How many is too many and where is that written? I missed it it somehow, but that would be good information to know.

Thanks


I've never heard that either.
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#6411461 - 08/16/16 06:46 PM Re: Concealed Carry Rule for 30.06 sign [Re: ChadTRG42]
Marc in Bastrop Offline
Tracker

Registered: 11/02/10
Posts: 712
Loc: Bastrop County
Dalee7892: Can you tell me where you got this info?

I went back and looked, and I can't find anything like this. I am NOT saying that you are wrong, just trying to understand why posted this.

Most of us try hard to follow the law, so we want to understand the nuances in addition to the obvious parts of our laws.

Marc
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A Democracy is when two wolves and a lamb vote on the dinner menu. That is why this country was not designed to be a Democracy.

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#6411469 - 08/16/16 06:53 PM Re: Concealed Carry Rule for 30.06 sign [Re: ChadTRG42]
jeffbird Online   content


Registered: 03/09/09
Posts: 1720
Here is the eligibility criteria:


Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a handgun if the person:

(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);

(2) is at least 21 years of age;

(3) has not been convicted of a felony;

(4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;

(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;

(6) is not a chemically dependent person;

(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;

(9) is fully qualified under applicable federal and state law to purchase a handgun;

(10) has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;

(11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;

(12) is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;

(13) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and

(14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm#411.1711





Here is a link to Penal Code sec. 42.01, Disorderly Conduct, which does include Class C misdemeanors:



Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:

(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;

(3) creates, by chemical means, a noxious and unreasonable odor in a public place;

(4) abuses or threatens a person in a public place in an obviously offensive manner;

(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

(6) fights with another in a public place;

(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

(9) discharges a firearm on or across a public road;

(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or

(11) for a lewd or unlawful purpose:

(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;

(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or

(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.

(a-1) For purposes of Subsection (a), the term "public place" includes a public school campus or the school grounds on which a public school is located.

(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.

(c) For purposes of this section:

(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and

(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.

(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.

(f) Subsections (a)(1), (2), (3), (5), and (6) do not apply to a person who, at the time the person engaged in conduct prohibited under the applicable subdivision, was a student younger than 12 years of age, and the prohibited conduct occurred at a public school campus during regular school hours.

(g) Noise arising from space flight activities, as defined by Section 100A.001, Civil Practice and Remedies Code, if lawfully conducted, does not constitute "unreasonable noise" for purposes of this section.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.42.htm#42.01




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