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Old December 9, 2011, 09:20 AM   #15
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
Quote:
Originally Posted by TexasJustice7
But I won't be intimidated into not asking the intent of their sign. If they do not put up 30.06 sign, I am going to
inform their representative that next time I will disregard the sign because it is not legal notice. If I subsequently carry while this sign is up, and I am
questioned and detained because of the sign, which does not meet legal
requirements, then I will file a lawsuit over it.
This is a bad idea. The law provides that if you have notice that carrying a concealed handgun is prohibited by the property owner, you may not carry a concealed handgun. There are two ways you may receive this notice. One is through oral communication. One is through written communication.

If you are a CHL, the law is very specific on what written communication is required to give a CHL notice. However, oral communication is still notice and no specific oral communication is required by law.

So if you call and ask them whether CHLs are prohibited, and they say "Yes, they are prohibited" (oral communication) and you then carry into the hospital anyway because the sign (written communication) doesn't meet the 30.06 requirements, you will still be breaking the law because you have notice via oral communication that such behavior is prohibited. You will not only have no grounds for a lawsuit, you'll be committing a Class A misdemeanor that, at a minimum, will get your CHL suspended for 5 years.
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