Greg Jacobs wrote:
[In Texas,] to forbid a non-employee from carrying a concealed
handgun onto one's private property one MUST post the statutory sign.
As I noted earlier (but was not specific), there are still a handful of
private properties where carrying a handgun is prohibited, but no sign
is required:
* Educational institutions (i.e. private schools)
* Polling places (while election or early voting is in progress), which
are frequently private premises.
* A racetrack
* Where a high school, collegiate, or professional sporting event or
interscholastic event is taking place, unless the license holder is a
participant in the event and a handgun is used in the event
* on the premises of a business that that derives 51 percent or more of
its income from the sale or service of alcoholic beverages for
on-premises consumption.
A separate provision of law requires that the last one post a sign that
identifies it as meeting that criteria. However, there is no penalty
for not posting the sign as required, an no explicit defense to
prosecution if an this particular offense is inadvertantly committed
because a sign was not posted. From what I've heard, the lack of
posting doesn't appear to have been a problem, although some places that
clearly do NOT meet the 51% threshold have been posting the sign.
Then
there is my favorite sign that says that the carrying of an UNLICENSED
handgun is prohibited. I'm not sure what the point is but it amuses me.
That particular sign is required by the Texas Alcoholic Beverage
Commission, per the TABC code:
http://www.capitol.state.tx.us/statutes/docs/AL/content/htm/al.003.00.000011.00.htm#11.041.00
When the CHL law was first enacted in Texas in 1995, no changes were
made to the TABC code -- which still had its own prohibitions against
possession of weapons on premises that it licensed and requirements for
posting a sign that didn't discriminate between CHL holders and everyone
else.
There was a bit of confusion for a while, as the TABC took the position
that their prohibition was still binding. After a while, they saw the
writing on the wall and backed off -- until the law was again changed in
1997 along with a significant number of other corrections:
http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=75&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=02909&VERSION=5&TYPE=B
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