Definition of concealed in Texas

KBCraig · Jul 26, 2009

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flyfisher64 wrote:

Can't understand why Bass Pro at Pearland,Texas has the 30.06 tag outside the front door. They even sell guns and accessories. Seems like a conflict of interest.

Are you sure it's a 30.06 notice? Proper size and wording? Can you provide a picture?

I'm not trying to bust your chops, but this is your first post, and I've seen cases where someone reports a location as being 30.06 posted, and it turns out there's either a simple "no guns" sticker, or they misread a notice that guns carried in for sale or repair have to be checked with the customer service desk.

flyfisher64 · Aug 1, 2009

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Yes, I'll try to get a pic the next time I'm over there. My friend first told me about it and he was right.

Sonora Rebel · Sep 21, 2009

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I'll be goin' into Van Horn, TX for a couple days in February. I have an AZ CWP 'n a vertical shoulder holster for my 1911. I suppose I'll have to wear a jacket... but enforced CC will be 'new' experience. Anything peculiar 'bout the Van Horn LEO's I should be concerned with... (small town cops)?

I dunno what a 30.06 sign is. CanI CC into a place that sells alcohol for consumption on premises (restaurants) armed? Can you (I) consume while armed?

KBCraig · Sep 21, 2009

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Sonora Rebel wrote:

I dunno what a 30.06 sign is. CanI CC into a place that sells alcohol for consumption on premises (restaurants) armed? Can you (I) consume while armed?

A 30.06 sign refers to Texas Penal Code section 30.06 (Criminal trespass by a concealed handgun licensee).

There is not a specific sign, but there is specific wording that must be exact, in both English and Spanish, in block letters 1" high or larger, in contrasting colors, and placed so that it is "conspicuous to the public".

Here's what a proper 30.06 notice looks like:

You may carry in restaurants that serve alcohol, but not a "51%" establishment that derives more than half its income from alcohol. There are actually very very few of those in Texas, and they will have big red "51" notices at the entrance. If it's a restaurant, you're good.

It is legal to drink while carrying, but not to be "intoxicated". There is no BAC requirement to establish "intoxicated" when not driving. Neither is there any requirement to submit to Breathalyzer or field sobriety tests when not driving, so don't. An officer would have to prove by his testimony that you had been drinking, and were a danger to yourself or others, to win a charge of Public Intoxication.

psehorne · Sep 21, 2009

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crisisweasel wrote:

Hi Texans. I may have to go to El Paso in the next few weeks...

Texas Penal code 46.02 prohibits carrying unless you are on your own property, enroute to your vehicle, or in your vehicle. If in your vehicle the weapon must be concealed.

UNLESS you are "traveling".

See new thread
http://opencarry.mywowbb.com/view_topic.php?id=31806&forum_id=51

rodbender · Sep 22, 2009

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flyfisher64 wrote:

Can't understand why Bass Pro at Pearland,Texas has the 30.06 tag outside the front door. They even sell guns and accessories. Seems like a conflict of interest.

I was there just a couple of weeks ago and I did not see it. I looked very close and did not see it.

Rush Creek · Sep 23, 2009

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Sonora Rebel wrote:

I'll be goin' into Van Horn, TX for a couple days in February. I have an AZ CWP 'n a vertical shoulder holster for my 1911. I suppose I'll have to wear a jacket... but enforced CC will be 'new' experience. Anything peculiar 'bout the Van Horn LEO's I should be concerned with... (small town cops)?

Notwithstanding that the "fails to conceal" provision of the Texas statute applies only to citizens armed with a handgun "under the authority" of Texas concealed handgun law - this provision COULD BE stretched to include an AZ CWP holder due to the reciprocity provisions of the Texas law placing your AZ CWP "under" said authority while you are in Texas. I suspect that this is a somewhat strained conclusion , since you are technically not LICENSED under Texas authority. Either alternativeconclusion may or may not be readilydiscernibleby every LEO in Texas.

In the absence of some more disturbing manifestation of "provocative" conduct ,I would expect COUNTYlaw enforcement in the Van Horn area toextend the courtesy of providing advisement to a visitor from AZdue to the absence of any posted legal notice at the NM / TX State line), combined with logical and reasonablepresumption of lack of familiarity with Texas laws.

The vast majority of the folks out there in West Texas LIVE THERE PRECISELY BECAUSE THEY VALUE FREEDOM , and are grateful for the geographical distances separating them from Austin.

GaryAdrian · Oct 2, 2009

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rodbender wrote:

flyfisher64 wrote:

Can't understand why Bass Pro at Pearland,Texas has the 30.06 tag outside the front door. They even sell guns and accessories. Seems like a conflict of interest.

Click to expand...

I was there just a couple of weeks ago and I did not see it. I looked very close and did not see it.

I was there 2 weeks ago as well. No sign. I carried inside with no problems.
NEVER SAW a sing one!

vaquero · Oct 23, 2009

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cloudcroft wrote:

KBCraig,

No,I was not attempting humor: I was repeating what I have heard many other people say about Texas CC in assorted guns forums,but I have no first-person experience to support it. If this is wrong, then I stand corrected, but still, cops make most people nervous even when said people are doing nothing illegal.

I do suppose, however, thatthe people I know in Texas who are carrying illegally -- in civil disobedience to a bad law infringing upon the RKBA -- would more likely be concerned about printing!

As for what "the law" says, cops often violate the law either through ignorance or not, by hassling/arresting you. Too many stories all over the country show this, and I'm sure Texas has its share. Even if you get off later because they were WRONG, often you don't even get an apology for the "inconvenience" -- or worse.So I can understand why people are more worried about "the authorities" than they are of criminals. I know I am.

In short, what the lawSAYS and what copsDO often are two different things entirely.

Thank you for your legal citations...I'm sure they will work in front of the judge if not with an overzealous DA and/or on the street with the thin blue line.

Now, with everyone's permission, I am done with this topic as my error about the law has been corrected, even if my "concern" about cops honoring it has not.

-- John D.

http://www.txdps.state.tx.us/ftp/forms/LS-16.pdfis the place to go for the real skinny on the subject.

jarodm20 · Oct 23, 2009

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Thanks for posting that vaquero, I wasn't even aware it was out yet.

Definition of concealed in Texas

KBCraig

Regular Member

flyfisher64

New member

Sonora Rebel

Regular Member

KBCraig

Regular Member

psehorne

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rodbender

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Rush Creek

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GaryAdrian

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vaquero

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jarodm20

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