"Guns Я Us"

was just at one of these stores yesterday shopping for my sister's kids. There was a No Weapons sign, but it did not conform to the requirements under Section 30.06 of the TX penal code. Therefore it is not illegal to carry in the stores with a CHL--at least not in TX.
Click to expand...

Bingo! Mine is the same and John has it right. I have two kiddos and I frequent Toys R Us quite a bit, always armed. Its not in a fabulous part of Dallas and I would not go there unarmed. The posting they have does not conform so neither do I. As far as Im concerned, Ill take my chances.
 
Last edited:
FYI,no private business can cancel your RKBA simply by posting a sign.
Click to expand...
FYI, that attitude will get you arrested in TX. ;)

If they conform to the law requiring specific notification (carefully specified/described sign, card or verbal notification) then they can prevent you from carrying on their property via the trespass laws. If you are found to be in violation of the law you can be arrested for criminal trespass.

A further FYI. If you are on the list to post in Law & Civil Rights you can start a thread on the constitutional implications of trespass laws on RKBA in that subforum.

Otherwise you're just advising people to break the law. That will not be tolerated.
 
FYI, that attitude will get you arrested in TX.
Click to expand...

Same in West Virginia.

I'll bet there are a lot of states (if not all) that allow businesses to decide whether or not you can carry on their private property.
 
Correction, under WV state law if the owner posts the no weapons allowed sign and you are found to have a weapon by law you must relinquish the weapon to the owner or leave the premises. If you refuse to do one or the other you will be charged with misdemeanor trespassing.

I don't think our local Toys R Us posts a no weapons sign. The Mall does though.
 
As was earlier mentioned, if the sign meets the criteria of the state then it is ILLEGAL to carry a concealed handgun onto the property. I know this to be 100% true in Texas, Louisiana, and I'm 90% sure it goes for Florida as well. Just to be on the safe side, and to not be the cause of any problems I don't carry in such places, which usually means I don't go in them at all. If the local Wal-Mart had such a sign I would probably starve to death.
 
scorpion_tyr,

In TX, to carry the weight of law, the sign must conform to the following specifications.

It must contain "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.​
It must be:
  • displayed in a conspicuous manner clearly visible to the public."
  • written "in both English and Spanish"
  • "appear in contrasting colors with block letters at least one inch in height"

For reference, using a narrow font and minimal spacing it's just possible to fit two copies (since I don't feel like doing a translation to put one copy into Spanish) of the English portion of the properly worded, minimally sized sign onto a sheet of paper that's 22" x 22".

It's pretty rare to see a 30.06 sign that actually conforms to the law in terms of dimension.

Generic "No Guns"/"No Weapons" signs or improperly constructed 30.06 signs may convey the wish of the property owner to you, but they carry no legal weight and no legal obligation.
 
I recieved a email back frim Mr. Fergunson:

I have no problem with CWP's. In fact, it never occurred to me that lawfully carrying weapons were involved in this incident, given the report I received from our Chief of Police.


Jim Ferguson
 
You must log in or register to reply here.
Back
Top