If you are anti-guns, or afraid of guns, or just don't like them and don't want them in your house, then this blog is for you.
(It might just change your mind)

Thursday, January 31, 2013

Businesses that post "No Guns" signs.

For the purposes of this discussion, I will be referring to businesses and signs in the state of Texas.  Other states may have similar laws, signs, and businesses.  I am not a lawyer.  This is not legal advice.


Businesses that post "No Guns" signs.

Businesses need to be educated about Second Amendment rights, and post "unlicensed possession" signs instead of 30.06. 


There are several types of "No Gus Allowed" signs in use today, but only 2 are the correct signs to use:  The "unlicensed possession" sign and the 30.06 sign.

Each has its own distinct purpose, and business owners need to understand them.

THERE SHOULD BE NO REASON WHY A BUSINESS THAT ALLOWS PUBLIC TRAFFIC WOULD EVER POST A 30.06 SIGN.

POSTING AN INVALID 30.06 SIGN MAY LAND YOU IN COURT.


Incorrect signs:
There are several types of "No Gus Allowed" signs in use today, but only 2 are the correct signs to use.  The "unlicensed possession" sign and the 30.06 sign.  Each has it's own distinct purpose, and business owners need to understand them. The incorrect signs have no legal meaning whatsoever. They just waste time, money and space.
Incorrect signs come in many forms:

Some of these signs quote old laws that are no longer valid.  Others simply contain graphics or espouse the fallacy of "safety" as their reason for prohibiting firearms carry.

The "unlicensed Possession" Sign

The "unlicensed possession sign is the correct sign to use.  Unless your business allows rifles to be carried on premises (such as a pawn shop, gun range, gun shop, or sporting goods store) and you want to prohibit unlawful carrying of weapons, then your businesses should be posting this "no guns" sign: 
The "unlicensed possession sign notifies people that the unlicensed possession of a weapon on the premises (ie: inside the building) is illegal.  In Texas it is illegal to carry a handgun unless you are properly trained, background checked and licensed.  Anyone who would do so without a license is breaking the law already.

The 30.06 Sign


We are witnessing today, a gross over usage of the 30.06 sign.  The only purpose of the 30.06 sign is to prevent individuals who are licensed by the state department of public safety and background checked by the FBI from carrying a sidearm on the premises.  If you run a business and intend to prevent others from carrying, you should be using the "unlicensed possession" sign.  Using a 30.06 sign creates a so called "Gun Free Zone" which prohibits the properly trained and licensed "good guys" from protecting your employees, customers, and cash registers in the event of a robbery or shooting.
 Additionally, a 30.06 sign is HUGE, measuring, at a minimum, almost 2 feet by 2 feet.
In order to be legally valid, the 30.06 sign must be: 
(A)  In 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" 
  • (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.

For the letters to be 1" tall and all the statutory language to appear the minimum legal size of a 30.06 sign would be about 17" x 21" give or take a little.   Larger, if there are any graphics on it like a "gunbusters" logo.
In order to be conspicuous and prevent a duly licensed individual from entering the building with a handgun, the the sign therefore can not be posted INSIDE the building.  
Some businesses post a smaller version of the 30.06 sign, often 3"x5" or slightly larger, and often in English only.  Some businesses post them inside the door, or next to the cash register.  These signs are not valid.  
By letter of the law, a 30.06 sign must adhere to the regulations above.  Invalid signs do not prevent a licensed carrier from entering, and will only cause confusion for the license holder, police officer, and other customers.
BUSINESSES:  POSTING AN INVALID 30.06 SIGN MAY LAND YOU IN COURT.
If a licensed individual were to be hauled into court and have to spend time and money defending themselves from an invalid 30.06 sign, they would likely sue both the arresting officer and the store owner for damages to cover both  court expenses, and lost time.


THERE SHOULD BE NO REASON WHY A BUSINESS THAT ALLOWS PUBLIC TRAFFIC WOULD EVER POST A 30.06 SIGN.



Doing so immorally obstructs Second Amendment rights and creates dangerous environments.




Boycott businesses that post a 30.06 sign


When faced with a 30.06 sign, I typically just turn around.  Not because I'm giving in or disarming, but because I don't like to patronize businesses that post 30.06 signs.   
It's it a silent 1 family boycott.  And we are not the only family that does this.  In Texas, one in every 40 people is armed and licensed to carry.  And that number is growing fast.  Are you willing to lose that much business in an economy where every sale counts?

  • I'm choosing to vote with my wallet.  And I don't give my money to those who don't respect my rights. 
  • I dont frequent "Gun Free Zones" because they are targets for criminals, and that makes it a "bad part of town" - someplace I don't want to be.
Better yet: licensed citizens should say this, loud and proud, as they turn around and leave; To make other people in line think about what they are doing... giving their money to oppressors and walking into a target zone.




5 comments:

  1. The "unlicensed possession" sign you are showing only has meaning if the establishment sells alcoholic beverages. For those establishments it is actually a requirement that they post the sign because the penalty (normally a misdemeanor) for possessing a weapon in those places escalates to a felony.

    ReplyDelete
    Replies
    1. Correct. You may NOT CHL Carry in a business that sells alcohol (for on-premise consumption) and makes 51% of its profit from alcohol sales.

      Delete
  2. Thank you....good information for a newbie CHL like me!

    ReplyDelete
  3. No, the 30.06 does NOT have to be the exact wording. It is a grey area. Other signs MIGHT be legal (not the unlicensed sign).

    ReplyDelete
  4. Warren, where did you get the ideal that the sign posted does NOT have to say exactly what the law says? how is this grey? when the word IDENTICAL is used that means it MUST be EXACTLY as stated in the law

    (A) In 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"

    ReplyDelete